Common use of CK G RO UND Clause in Contracts

CK G RO UND. 1. At a special election held on November 7, 1989, more than two-thirds of the voters of the District approved Measure A, authorizing the levy and collection of a special tax at the rate of $67 per taxable unit (the “Special Taxes”), for the purpose of providing financing for the rehabilitation and improvement of existing elementary, middle and high school facilities and other facilities, and the construction and installation of new elementary, middle and high school facilities at existing school sites, together with necessary appurtenances thereto and furniture and equipment therefor (collectively, the “Authorized Projects”). 2. The District wishes at this time to provide financing for projects and facilities which constitute Authorized Projects under Measure A (the “Projects”). 3. In order to provide financing for the Projects, the District has leased the land and buildings at the School, as described more fully in Appendix A attached hereto and made a part hereof (the “Leased Property”), to the Corporation under a Site Lease recorded concurrently herewith in consideration of the payment of an upfront rental payment in an amount sufficient for such purposes, and the Corporation has agreed to lease the Leased Property back to the District under this Lease in consideration of the agreement by the District to pay semiannual lease payments (the “Lease Payments”). 4. The Lease Payments will be payable from any source of legally available funds of the District, including the General Fund of the District, and will additionally be payable from and secured by a pledge of and lien on the Special Taxes which is subordinate to the pledge and lien which secures outstanding Special Tax Bonds of the District. 5. The Corporation has agreed to assign its right to receive the Lease Payments to U.S. Bank National Association, as trustee (the “Trustee”), and in consideration of such assignment the Trustee has agreed to execute and deliver $ aggregate principal amount of 2018 Certificates of Participation (the “Certificates”), each evidencing a direct, undivided fractional interest in the lease payments to be paid by the District hereunder, the proceeds of which will be applied by the Corporation to finance the acquisition and construction of the Projects under a Trust Agreement dated as of July 1, 2018 (the “Trust Agreement”), among the Corporation, the District and the Trustee. 6. The District is authorized to enter into the Site Lease and this Lease Agreement under Section 17456 of the Education Code of the State of California. 7. Payment of principal and interest represented by the Certificates is insured by a Municipal Bond Insurance Policy (the “Certificate Insurance Policy”) issued by

Appears in 1 contract

Samples: Lease Agreement

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CK G RO UND. 1. At a special election held on November 7, 1989, more than two-thirds of the voters of the District approved Measure A, authorizing the levy and collection of a special tax at the rate of $67 per taxable unit (the “Special Taxes”), for the purpose of providing financing for the rehabilitation and improvement of existing elementary, middle and high school facilities and other facilities, and the construction and installation of new elementary, middle and high school facilities at existing school sites, together with necessary appurtenances thereto and furniture and equipment therefor (collectively, the “Authorized Projects”). 2. The District wishes at this time to provide financing for projects and facilities which constitute Authorized Projects under Measure A (the “Projects”). 3. In order to provide financing for the Projects, the District has leased agreed to lease the land and buildings at the School, as described more fully in Appendix A attached hereto and made a part hereof (the “Leased Property”), to the Corporation under a this Site Lease recorded concurrently herewith in consideration of the payment of an upfront rental payment in an amount sufficient for such purposes, and the Corporation has agreed to lease the Leased Property back to the District under this a Lease Agreement dated the date hereof and recorded concurrently herewith (the “Lease Agreement”) in consideration of the agreement by the District to pay semiannual lease payments (the “Lease Payments”). 4. The Lease Payments will be payable from any source of legally available funds of the District, including the General Fund of the District, and will additionally be payable from and secured by a pledge of and lien on the Special Taxes which is subordinate to the pledge and lien which secures outstanding Special Tax Bonds of the District. 5. The Corporation has agreed to assign its right to receive the Lease Payments to U.S. Bank National Association, as trustee (the “Trustee”), and in consideration of such assignment the Trustee has agreed to execute and deliver $ aggregate principal amount of 2018 Certificates of Participation (the “Certificates”), each evidencing a direct, undivided fractional interest in the lease payments to be paid by the District hereunderunder the Lease Agreement, the proceeds of which will be applied by the Corporation to finance the acquisition and construction of the Projects Project under a Trust Agreement dated as of July 1, 2018 (the “Trust Agreement”), among the Corporation, the District and the Trustee. 6. The District is authorized to enter into the this Site Lease and this the Lease Agreement under Section 17456 of the Education Code of the State of California. 7. Payment of principal and interest represented by the Certificates is insured by a Municipal Bond Insurance Policy (the “Certificate Insurance Policy”) issued by

Appears in 1 contract

Samples: Site Lease

CK G RO UND. 1. At a special election held on November 7, 1989, more than two-thirds of the voters of the District approved Measure A, authorizing the levy and collection of a special tax at the rate of $67 per taxable unit (the “Special Taxes”), for the purpose of providing financing for the rehabilitation and improvement of existing elementary, middle and high school facilities and other facilities, and the construction and installation of new elementary, middle and high school facilities at existing school sites, together with necessary appurtenances thereto and furniture and equipment therefor (collectively, the “Authorized Projects”). 2. The District wishes at this time to provide financing for projects and facilities which constitute Authorized Projects under Measure A (the “Projects”). 3. In order to provide financing for the Projects, the District has leased the land and buildings at the School, as described more fully in Appendix A attached hereto and made a part hereof School (the “Leased Property”), to the Corporation under a Site Lease recorded concurrently herewith in consideration of the payment of an upfront rental payment in an amount sufficient for such purposes, and the Corporation has agreed to lease the Leased Property back to the District under this a Lease Agreement dated as of July 1, 2018 (the “Lease Agreement”), in consideration of the agreement by the District to pay semiannual lease payments (the “Lease Payments”). 4. The Lease Payments will be payable from any source of legally available funds of the District, including the General Fund of the District, and will additionally be payable from and secured by a pledge of and lien on the Special Taxes which is subordinate to the pledge and lien which secures outstanding Special Tax Bonds of the District. 5. The Corporation has agreed to assign assigned its right to receive the Lease Payments to U.S. Bank National Association, as trustee (the Trustee”), and in consideration of such assignment the Trustee has agreed to execute and deliver $ aggregate principal amount of 2018 Certificates of Participation (the “Certificates”), each evidencing a direct, undivided fractional interest in the lease payments to be paid by the District hereunderLease Payments, the proceeds of which will be applied by the Corporation to finance the acquisition and construction of the Projects under a Trust Agreement dated Project, as of July 1, 2018 (the “further provided in this Trust Agreement”), among the Corporation, the District and the Trustee. 6. The District is authorized to enter into the Site Lease and this Lease Agreement under Section 17456 of the Education Code of the State of California. 7. Payment of principal and interest represented by the Certificates is insured by a Municipal Bond Insurance Policy (the “Certificate Insurance Policy”) issued byby Municipal Bond Debt Service Reserve Insurance Policy (the “Reserve Policy”) to be credited to the Reserve Fund (defined herein).

Appears in 1 contract

Samples: Trust Agreement

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CK G RO UND. 1. At a special election held on November 7, 1989, more than two-thirds of the voters of the District approved Measure A, authorizing the levy and collection of a special tax at the rate of $67 per taxable unit (the “Special Taxes”), for the purpose of providing financing for the rehabilitation and improvement of existing elementary, middle and high school facilities and other facilities, and the construction and installation of new elementary, middle and high school facilities at existing school sites, together with necessary appurtenances thereto and furniture and equipment therefor (collectively, the “Authorized Projects”). 2. The District wishes at this time to provide financing for projects and facilities which constitute Authorized Projects under Measure A (the “Projects”). 3. In order to provide financing for the Projects, the District has leased the land and buildings at the School, as described more fully in Appendix A attached hereto and made a part hereof (the “Leased Property”), to the Corporation under a Site Lease dated as of July 1, 2018 (the “Site Lease”), which has been recorded concurrently herewith herewith, in consideration of the payment of an upfront rental payment in an amount sufficient for such purposes, and the Corporation has agreed to lease the Leased Property back to the District under this Lease in consideration of the agreement by the District to pay semiannual lease payments (the “Lease Payments”). 4. The Lease Payments will Under the Site Lease, the Corporation is required to cause to be payable from any source deposited with the Trustee certain sums of legally available funds of the Districtmoney to be credited, including the General Fund of the District, held and will additionally be payable from and secured by a pledge of and lien on the Special Taxes which is subordinate to the pledge and lien which secures outstanding Special Tax Bonds of the District. 5. The Corporation has agreed to assign its right to receive applied in accordance with the Lease Payments to U.S. Bank National Association, as trustee (the “Trustee”), Agreement and in consideration of such assignment the Trustee has agreed to execute and deliver $ aggregate principal amount of 2018 Certificates of Participation (the “Certificates”), each evidencing a direct, undivided fractional interest in the lease payments to be paid by the District hereunder, the proceeds of which will be applied by the Corporation to finance the acquisition and construction of the Projects under with a Trust Agreement dated as of July 1, 2018 (the “Trust Agreement”), among ) between the Corporation, the District and the Trustee, for the purpose of financing the Projects. 5. For the purpose of obtaining such moneys, the Corporation is willing to convey to certain persons (the “Owners”) direct, undivided fractional interests in the Lease Payments, such interests to be evidenced and represented by the $ aggregate principal amount of 2018 Certificates of Participation (the “Certificates”) to be delivered under the Trust Agreement. 6. In order to make such interests marketable on terms acceptable to the Corporation, the Corporation is willing to assign and transfer its rights under the Lease Agreement to the Trustee for the benefit of the Owners of the Certificates. 7. Concurrently with the delivery of this Assignment Agreement, the Trustee is executing and delivering the Certificates to , as the original purchaser thereof. The District is authorized proceeds of sale of the Certificates are sufficient to permit the Corporation to make the deposits required under the Lease Agreement and the Trust Agreement. 8. Each of the parties has the authority to enter into the Site Lease this Assignment Agreement, and this Lease Agreement under Section 17456 of the Education Code of the State of Californiahas taken all actions necessary to authorize its officers to execute it. 79. Payment of principal and interest represented by the Certificates is insured by a Municipal Bond Insurance Policy (the “Certificate Insurance Policy”) issued by

Appears in 1 contract

Samples: Assignment Agreement

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