Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease, as part of the consideration for the rental of the Leased Property, all improvement, repair and maintenance of the Leased Property are the responsibility of the City, and the City will pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee thereof. In exchange for the Lease Payments herein provided, the Authority agrees to provide only the Leased Property. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease. The City shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority or the City affecting the Leased Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall pay only such installments as are required to be paid during the Term of this Lease as and when the same become due. The City may, at its expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies the City that, in its reasonable opinion, by nonpayment of any such items the interest of the Authority in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes, assessments or charges or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the Trustee.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Leasethe Lease Agreement, as part of the consideration for the rental of the Leased Property, all improvementim- provement, repair and maintenance of the Leased Property are shall be the responsibility of the City, Town and the City will Town shall pay for or otherwise arrange for the payment of all utility services supplied sup- plied to the Leased Property, Property which may include, without limitation, janitor service, security, power, gas, telephonephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City Town or any assignee or sublessee les- see thereof. In exchange for the Lease Payments herein provided, the Authority agrees to provide only the Leased Property, as hereinbefore more specifically set forth. The City Town waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 1932 of the California Civil Code, but such waiver does shall not limit any of the rights of the City Town under the terms of this LeaseLease Agreement. The City Town shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority or the City Town affecting the Leased Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental gov- ernmental charges that may lawfully be paid in installments over a period of years, the City Town shall be obligated to pay only such installments as are required to be paid during the Term of this the Lease Agreement as and when the same become due. The City Town may, at its the Town’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit per- mit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies shall notify the City Town that, in its the reasonable opinionopinion of the Authority, by nonpayment of any such items items, the interest of the Authority in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City Town shall promptly pay such taxes, assessments or charges or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the Trustee.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Maintenance, Utilities, Taxes and Assessments. (a) Throughout the Term of this Lease, as part of the consideration for the rental of the Leased Property, all improvement, repair and maintenance of the Leased Property are the sole responsibility of the CityDistrict, and the City District will pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City District or any assignee the Assignee or sublessee thereofthereof on the part of the District or the Bank. In exchange for the Lease Payments herein provided, the Authority Assignee agrees to provide only the Leased Property. , as hereinbefore more specifically set forth.
(b) The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease. The City shall also District will pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority Bank or the City District affecting the Leased Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall District is obligated to pay only such installments as are required to be paid during the Term of this Lease as and when the same become due. .
(c) The City District may, at its the District’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies Bank shall notify the City District that, in its reasonable opinion, by nonpayment of any such items the interest of the Authority Bank in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City shall District will promptly pay such taxes, assessments or charges or provide the Authority Bank with full security against any loss which may result from nonpayment, in form satisfactory to the Authority Bank.
(d) The District agrees that it will maintain, preserve and keep the Leased Property Equipment in good repair and working order, in a condition comparable to that recommended by the manufacturer. The Bank shall have no responsibility to maintain, repair or make improvements or additions to the Leased Property Equipment. In all cases, the District agrees to pay any costs necessary for the manufacturer to re-certify the Leased Property Equipment as eligible for manufacturer’s maintenance upon the return of the Leased Property Equipment to the Bank as provided for herein.
(e) The District shall keep the Leased Property Equipment free of all levies, liens, and encumbrances except those created by this Lease and the TrusteeAssignment Agreement. The parties to this Lease contemplate that the Leased Property Equipment will be used for a governmental or proprietary purpose of District and that the Leased Property Equipment will therefore be exempt from all property taxes. If the use, possession or acquisition of any Equipment is nevertheless determined to be subject to taxation, the District shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to such Equipment. District shall pay all utility and other charges incurred in the use and maintenance of the Leased Property Equipment. District shall pay such taxes or charges as the same may become due; provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, the District shall be obligated to pay only such installments as accrue during the Term of this Lease.
Appears in 2 contracts
Maintenance, Utilities, Taxes and Assessments. Throughout (a) Subject to the Term of this LeaseEnforcement Limitation, as part of the consideration for the rental of the Leased Property, all improvement, repair and maintenance of the Leased Property are the responsibility of the City, and the City will pay shall provide for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will pay for or otherwise arrange for the payment of the cost of the repair and replacement of any portion of the Leased Mortgaged Property resulting from required on account of ordinary wear and tear or want of care on care.
(b) Subject to the part of the City or any assignee or sublessee thereof. In exchange for the Lease Payments herein providedEnforcement Limitation, the Authority agrees to provide only the Leased Property. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease. The City shall also pay pay, or cause to be paid provide for the payment of, all taxes and assessments assessments, including, but not limited to, utility charges of any type or naturenature levied, if anyassessed or charged against any portion of the Mortgaged Property; provided, charged to the Authority or the City affecting the Leased Property or the respective interests or estates therein; provided however, that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall be obligated to pay only such installments as are required to be paid during the Term of this Lease as and when the same become due. .
(c) The City may, at its the City’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies therefrom; provided, however, that prior to such nonpayment, the City shall furnish to the Lender an opinion of counsel acceptable to the Lender to the effect that, in its reasonable opinion, by nonpayment of any such items items, the interest of the Authority Lender in the Leased Mortgaged Property will not be materially endangered or the Leased Property and that all or any part thereof portion of the Mortgaged Property will not be subject to loss or forfeiture. Otherwise, in which event subject to the Enforcement Limitation, the City shall promptly pay such taxes, assessments or charges or provide make provisions for the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the Trusteepayment thereof.
Appears in 2 contracts
Samples: Installment Financing Contract, Installment Financing Contract
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this LeaseLease Agreement, as part of the consideration for the rental of the Leased Property, all improvement, the Lessee shall keep in good repair and maintenance of maintain the Leased Property are the responsibility of the CityProperty, and the City will Lessee shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City Lessee or any assignee or sublessee thereof. In exchange for the Lease Payments and Additional Rent herein provided, the Authority Lessor agrees to provide only the Leased Property, as herein provided. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease. The City Lessee also shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority Lessor or the City Lessee affecting the Leased Property or Property, the respective interests or estates thereintherein or the taxability of any payments pursuant to this Lease Agreement; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City Lessee shall be obligated to pay only such installments as are required to be paid during the Term of this Lease Agreement as and when the same become due. The City Lessee or any sublessee may, at its the Lessee’s or such sublessee’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies Lessor shall notify the City Lessee or such sublessee that, in its reasonable opinionthe opinion of Independent Counsel, by nonpayment of any such items items, the interest of the Authority Lessor in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City Lessee or such sublessee shall promptly pay such taxes, assessments or charges or provide the Authority Lessor with full security against any loss which that may result from nonpayment, in form satisfactory to the Authority and the TrusteeLessor.
Appears in 2 contracts
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this LeaseLease Term, as part of the consideration for the rental of the Leased PropertyPremises, all improvement, repair and maintenance of the Leased Property are Premises shall be the responsibility of the City, City and the City will pay for shall pay, or otherwise arrange for the payment of of, all utility services supplied to the Leased Property, Premises which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property Premises resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee thereof. In ; provided, in exchange for the Lease Rental Payments herein provided, the Authority agrees to provide only the Leased PropertyPremises, as hereinbefore more specifically set forth. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 1932 of the California Civil Code, but such waiver does shall not limit any of the rights of the City under the terms of this LeaseLease Agreement. The City shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority or the City affecting the Leased Property Premises or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall be obligated to pay only such installments as are required to be paid during the Lease Term of this Lease as and when the same become due. The City may, at its the City’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges payable by it and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies shall notify the City that, in its reasonable opinionthe opinion of counsel, by nonpayment of any such items items, the interest of the Authority in the Leased Property Premises will be materially endangered or the Leased Property Premises or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes, assessments or charges or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the Trustee.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Maintenance, Utilities, Taxes and Assessments. (a) Throughout the Term of this Lease, as part of the consideration for the rental of the Leased PropertySite and Facilities, the City shall maintain the Site and Facilities in good working condition, and all improvement, repair and maintenance of the Leased Property are Site and Facilities shall be the responsibility of the City, and the City will shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased PropertySite and Facilities, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property Site and Facilities resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee thereof. In exchange for the Lease Payments herein provided, the Authority Corporation agrees to provide only the Leased PropertySite and Facilities, as hereinbefore more specifically set forth. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does shall not limit any of the rights of the City under the terms of this Lease. .
(b) The City shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority Corporation or the City affecting the Leased Property Site and Facilities or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall be obligated to pay only such installments as are required to be paid during the Term of this Lease as and when the same they become due. .
(c) The City may, at its the City's expense and in its name, upon notice to the Corporation and the Lender, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority Corporation notifies the City that, in its reasonable opinion, by nonpayment of any such items the interest of the Authority Corporation in the Leased Property Site and Facilities will be materially endangered or the Leased Property Site and Facilities or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes, assessments or charges or provide the Authority Corporation with full security against any loss which may result from nonpayment, in form satisfactory to the Authority Corporation and the TrusteeLender.
(d) If the Site and Facilities no longer are open to the public, the City shall use its best efforts to substitute another property of similar value.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease, as part of the consideration for the right of rental of the Leased Property, all improvement, repair repair, and maintenance of the Leased Property are shall be the responsibility of the CityLessee, and the City will pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will Lessee shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City Lessee or any assignee or sublessee thereof. In exchange for the Lease Rent Payments herein provided, and subject to the Authority Lessor’s equitable lien as hereinbefore set forth, Lessor agrees to, and does hereby grant Lessee the right to provide use the Property as hereinbefore and hereafter or specifically set forth. Lessee shall use the Property only for its proper purposes and will not install, use, operate or maintain the Leased Property improperly, carelessly or in violation of any applicable law, ordinance, rule or regulation of any governmental authority, or in a manner contrary to the nature of the Property or the use contemplated by its manufacturer. The Property shall be used solely in the conduct of Lessee's operations. Lessee shall obtain, at its expense, all registrations, permits, and licenses, if any, required by law for the installation and operation of the Property. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease. The City Lessee shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, nature charged to the Authority Lessor or the City affecting Lessee or levied, assessed or charged against any item of the Leased Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City Lessee shall be obligated to pay only such installments as are required to be paid during the Term of this Lease as and when the same become due. The City Lessee may, at its the Lessee's expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies Lessor shall notify the City Lessee that nonpayment is affecting timely payment of the components of principal or interest on the Certificates, or in the case of the Lessor that, in its reasonable opinionthe opinion of Special Counsel, by nonpayment of any such items items, the interest of the Authority Lessor in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City Lessee shall promptly pay such taxes, assessments assessments, or charges or provide the Authority Lessor with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the TrusteeLessor.
Appears in 1 contract
Samples: Lease Purchase Agreement
Maintenance, Utilities, Taxes and Assessments. The Corporation and the District each agree that during the term of this Operating Agreement it will itself at its own expense or will cause others to (a) keep the Project facilities which it owns in as reasonably safe condition as its operations will reasonably permit, and (b) keep the Project facilities which it owns in good repair and in good operating condition, making from time to time all necessary repairs thereto and renewals and replacements thereof, which may be necessary for this purpose, so that the Project facilities which it owns will remain suitable and efficient for use of the character described in and contemplated by the Indenture. Throughout the Term of this Lease, as part of the consideration for the rental of the Leased Property, Operating Agreement all improvement, repair and maintenance of the Leased Property are Project facilities shall be the responsibility of the Cityparty owning such facilities, and the City will such party shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased Propertysuch facilities, which may include, without limitation, janitor servicecleaning services, maintenance, security, powerpower and electricity, gas, telephone, light, heating, water telecommunications and radio equipment and all other utility servicesutilities and services supplied to or in connection with the Project, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property such facilities or any part thereof resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee thereoftear. In exchange for the Lease Payments herein provided, the Authority agrees to provide only the Leased Property. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease. The City Each party shall also pay or cause to be paid paid, without abatement, deduction or offset, all property taxes and general and special assessments (collectively, "property taxes") of any type or naturenature levied, if anyassessed or charged by an authorized governmental authority to and against the Project facilities which it owns, charged the improvements thereto from time to the Authority or the City affecting the Leased Property or time and the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City each party shall be obligated to pay only such installments as are required to be paid during the Term of this Lease Operating Agreement as and when the same become due. The City foregoing provisions are not a limitation on the obligations of the District to pay Operating Agreement Payments to the Corporation. Each party may, at its expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies the City that, in its reasonable opinionunless, by nonpayment of any such items items, the interest of the Authority in the Leased Property will be materially endangered or the Leased Property Project or any part thereof will be subject to loss or forfeiture, in which event the City responsible party shall promptly pay such taxes, assessments or charges or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority Credit Enhancement Provider and the Trustee. Any payments by the Corporation of the foregoing amounts with respect to Recreational Facilities shall be considered Operating Agreement Payments due from the District hereunder.
Appears in 1 contract
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Leasethe Lease Agreement, as part of the consideration for the rental of the Leased Property, all improvement, repair and maintenance of the Leased Property are shall be the responsibility of the City, Town and the City will pay for Town shall pay, or otherwise arrange arrange, for the payment of all utility services supplied to the Leased Property, Property which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City Town or any assignee or sublessee thereof. In exchange for the Lease Payments herein provided, the Authority Corporation agrees to provide only the Leased Property, as hereinbefore more specifically set forth. The City Town waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 section 1932 of the California Civil Code, but such waiver does shall not limit any of the rights of the City Town under the terms of this LeaseLease Agreement. The City Town shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority Corporation or the City Town affecting the Leased Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City Town shall be obligated to pay only such installments as are required to be paid during the Term of this the Lease Agreement as and when the same become due. The City Town may, at its the Town’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies Corporation or the City Municipal Bond Insurer shall notify the Town that, in its reasonable opinionthe opinion of Independent Counsel, by nonpayment of any such items items, the interest of the Authority Corporation in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City Town shall promptly pay such taxes, assessments or charges or provide the Authority Corporation and the Municipal Bond Insurer with full security against any loss which may result from nonpayment, in form satisfactory to the Authority Corporation and the TrusteeMunicipal Bond Insurer. The Town shall provide the Corporation and the Municipal Bond Insurer with written notice of any such contest and shall provide such updates on the contest as the Corporation may reasonably request.
Appears in 1 contract
Samples: Lease Agreement
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this LeaseLease Agreement, as part of the consideration for the rental of the Leased Property, all improvement, repair and maintenance of the Leased Property are the sole responsibility of the CityDistrict, and the City District will pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City District or any assignee or sublessee thereof. In exchange for the Lease Payments herein provided, the Authority Corporation agrees to provide only the Leased Property, as hereinbefore more specifically set forth. The City District waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City District under the terms of this LeaseLease Agreement. The City shall also District will pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority Corporation or the City District affecting the Leased Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall District is obligated to pay only such installments as are required to be paid during the Term of this Lease Agreement as and when the same become due. The City District may, at its the District’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies Corporation shall notify the City District that, in its reasonable opinion, by nonpayment of any such items the interest of the Authority Corporation in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City shall District will promptly pay such taxes, assessments or charges or provide the Authority Corporation with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and Corporation. The District shall promptly notify the TrusteeAssignee of any tax, assessment, utility or other charge it elects to contest.
Appears in 1 contract
Samples: Lease Agreement
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Leasethe Lease Agreement, as part of the consideration for the rental of the Leased Property, all improvementimprove- ment, repair and maintenance of the Leased Property are shall be the responsibility of the City, City and the City will shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, Property which may include, without limitation, janitor service, security, power, gas, telephonephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee lessee thereof. In exchange ex- change for the Lease Payments herein provided, the Authority Agency agrees to provide only the Leased PropertyProp- erty, as hereinbefore more specifically set forth. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 1932 of the California Civil Code, but such waiver does shall not limit any of the rights of the City under the terms of this LeaseLease Agreement. The City shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority Agency or the City affecting the Leased Property or the respective interests inter- ests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall be obligated to pay only such installments as are required to be paid during the Term of this the Lease Agreement as and when the same become due. The City may, at its the City’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies Agency shall notify the City that, in its the reasonable opinionopinion of the Agency, by nonpayment of any such items items, the interest of the Authority Agency in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject sub- ject to loss or forfeiture, in which event the City shall promptly pay such taxes, assessments or charges or provide the Authority Agency with full security against any loss which may result from nonpaymentnon- payment, in form satisfactory to the Authority Agency and the Trustee.
Appears in 1 contract
Samples: Lease Agreement
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease, as part of the consideration for the rental of the Leased PropertyInstallment Sale Agreement, all improvement, repair and maintenance of the Leased Property are Water System shall be the responsibility of the City, and the City will shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased PropertyWater System, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property Water System resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee thereof. In exchange for the Lease Payments herein provided, the Authority agrees to provide only the Leased Property. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Leasetear. The City shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority or the City affecting the Leased Property Water System or the respective interests or estates therein; provided provided, however, that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall be obligated to pay only such installments as are required to be paid during the Term of this Lease Installment Sale Agreement as and when the same become due. The City may, at its the City’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies shall notify the City that, in its reasonable opinion, by nonpayment of any such items items, the interest of the Authority in hereunder or under the Leased Property Indenture will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeitureadversely affected, in which event the City shall promptly pay such taxes, assessments or charges or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the TrusteeAuthority.
Appears in 1 contract
Samples: Installment Sale Agreement
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease, as part of the consideration for the right of rental of the Leased Property, all improvement, repair repair, and maintenance of the Leased Property are shall be the responsibility of the CityLessee, and the City will pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will Lessee shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City Lessee or any assignee or sublessee thereof. In exchange for the Lease Rent Payments herein provided, and subject to the Authority Lessor’s equitable lien as hereinbefore set forth, Xxxxxx agrees to, and does hereby grant Lessee the right to provide use the Property as hereinbefore and hereafter or specifically set forth. Lessee shall use the Property only for its proper purposes and will not install, use, operate or maintain the Leased Property improperly, carelessly or in violation of any applicable law, ordinance, rule or regulation of any governmental authority, or in a manner contrary to the nature of the Property or the use contemplated by its manufacturer. The Property shall be used solely in the conduct of Xxxxxx's operations. Lessee shall obtain, at its expense, all registrations, permits, and licenses, if any, required by law for the installation and operation of the Property. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease. The City Lessee shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, nature charged to the Authority Lessor or the City affecting Lessee or levied, assessed or charged against any item of the Leased Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City Lessee shall be obligated to pay only such installments as are required to be paid during the Term of this Lease as and when the same become due. The City Lessee may, at its the Lessee's expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies Lessor shall notify the City Lessee that nonpayment is affecting timely payment of the components of principal or interest on the Certificates, or in the case of the Lessor that, in its reasonable opinionthe opinion of Special Counsel, by nonpayment of any such items items, the interest of the Authority Lessor in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City Lessee shall promptly pay such taxes, assessments assessments, or charges or provide the Authority Lessor with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the TrusteeLessor.
Appears in 1 contract
Samples: Lease Purchase Agreement
Maintenance, Utilities, Taxes and Assessments. Throughout During such time as the Term of this Lease, as part of the consideration for the rental City or any assignee or sublessee thereof is in possession of the Leased Property, all improvementmaintenance and repair, repair and maintenance ordinary or extraordinary, of the Leased Property are shall be the responsibility of the City, and the City will shall pay for or otherwise arrange for the payment of (a) all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will pay for or otherwise arrange for the payment of (b) the cost of operation of the Leased Property, and (c) the costs of maintenance of and repair and replacement of to the Leased Property resulting from ordinary wear and tear or want of care on the part of the City. The City shall at the City’s sole cost and expense keep and maintain the Leased Property clean and in a safe and good condition and repair. The Authority shall have no obligation to alter, remodel, improve, repair, decorate, or paint the Leased Property or any assignee or sublessee part thereof. In exchange for , and the Lease Payments herein provided, parties hereto affirm that the Authority agrees has made no representations or warranties to provide only the City respecting the condition of the Leased Property. The City shall comply with all statutes, ordinances, regulations, and other requirements of all governmental entities that pertain to the occupancy or use of the Leased Property. The Authority has no responsibility or obligation whatsoever to construct any improvements, modifications or alterations to the Leased Property. The City waives the benefits of subsections right to make repairs at the Authority’s expense under Subsection 1 and 2 of Section 1932, 1932 and Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but or any other such waiver does not limit any of law, statute, or ordinance now or hereafter in effect. The parties hereto contemplate that the rights of Leased Property will be used for public purposes by the City under and, therefore, that the terms of this Lease. The City shall also pay or cause to Leased Property will be paid exempt from all taxes presently assessed and assessments of any type levied with respect to real and personal property, respectively. In the event that the use, possession or nature, if any, charged to acquisition by the Authority or the City affecting of the Leased Property is found to be subject to taxation in any form, the City will pay during the term hereof, as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the respective interests Leased Property and any other property acquired by the City in substitution for, as a renewal or estates thereinreplacement of, or a modification, improvement or addition to the Leased Property; provided provided, that with respect to special assessments or other any governmental charges or taxes that may lawfully be paid in installments over a period of years, the City shall be obligated to pay only such installments as are required to be paid accrued during the Term of such time as this Lease as and when the same become due. The City may, at its expense and is in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies the City that, in its reasonable opinion, by nonpayment of any such items the interest of the Authority in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes, assessments or charges or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the Trusteeeffect.
Appears in 1 contract
Samples: Lease Agreement
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease, as part of the consideration for the rental of the Leased Property, all improvement, repair and maintenance of the Leased Property are the sole responsibility of the CityDistrict, and the City District will pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, internet, television, light, heating, water water, sewer and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City District or any assignee or sublessee thereof. In exchange for the Lease Payments herein provided, the Authority Corporation agrees to provide only the Leased Property, as hereinbefore more specifically set forth. The City District waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City District under the terms of this Lease. The City shall also District will pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority Corporation or the City District affecting the Leased Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall District is obligated to pay only such installments as are required to be paid during the Term of this Lease as and when the same become due. The City District shall not use, operate, or maintain the Leased Property (or cause the same to be used, operated or maintained) improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated hereby. The District shall obtain all permits and licenses, if any, necessary for the Leased Property. The District may, at its the District's expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies Corporation shall notify the City District that, in its reasonable opinion, by nonpayment of any such items the interest of the Authority Corporation in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City shall District will promptly pay such taxes, assessments or charges or provide the Authority Corporation with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the TrusteeCorporation.
Appears in 1 contract
Samples: Lease Agreement
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease, as part of the consideration for the rental of the Leased Property, all improvement, repair and maintenance of the Leased Property are the sole responsibility of the CityDistrict, and the City District will pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City District or any assignee or sublessee thereof. In exchange for the Lease Payments herein provided, the Authority Corporation agrees to provide only the Leased Property, as hereinbefore more specifically set forth. The City District waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City District under the terms of this Lease. The City shall District will also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority Corporation or the City District affecting the Leased Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall District is obligated to pay only such installments as are required to be paid during the Term of this Lease as and when the same become due. The City District may, at its the District’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority Corporation notifies the City District that, in its reasonable opinion, by nonpayment of any such items the interest of the Authority Corporation in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City District shall promptly pay such taxes, assessments or charges or provide the Authority Corporation with full security against any loss which may result from nonpayment, in form satisfactory to the Authority Corporation and the Trustee.
Appears in 1 contract
Samples: Lease Agreement
Maintenance, Utilities, Taxes and Assessments. Throughout The District covenants to operate the Term of this LeaseWater System in an efficient and economical manner and operate, as part of maintain and preserve the consideration for the rental of the Leased Property, all improvement, Water System in good repair and maintenance of the Leased Property are the responsibility of the City, and the City will pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee thereof. In exchange for the Lease Payments herein provided, the Authority agrees to provide only the Leased Propertyworking order. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease. The City District shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, nature charged to the Authority Corporation or the City affecting District or levied, assessed or charged against the Leased Property Water System or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City District shall be obligated to pay only such installments as are required to be paid during the Term of this Lease the Installment Sale Agreement as and when the same become due. The City District shall not be required to pay any federal, state or local income, inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate, or other similar tax payable by the Corporation, its successors or assigns, unless such tax is made in lieu of or as a substitute for any real estate or other tax upon property. The District may, at its the District’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies Corporation shall notify the City District that, in its reasonable opinionthe opinion of Independent Counsel, by nonpayment of any such items the interest of the Authority in the Leased Property will be materially endangered items, or the Leased Property Project or any part thereof will be subject to loss or forfeiture, in which event the City District shall promptly pay such taxes, assessments or charges or provide the Authority Corporation with full security against any loss which may result from nonpayment, in form satisfactory to the Authority Corporation. The District shall provide the Corporation with written notice of any such contest and shall provide such updates on the Trusteecontest as the Corporation may reasonably request.
Appears in 1 contract
Samples: Installment Sale Agreement
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease, as part of the consideration for the right of rental of the Leased Property, all improvement, repair repair, and maintenance of the Leased Property are shall be the responsibility of the CityLessee, and the City will pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will Lessee shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City Lessee or any assignee or sublessee thereof. In exchange for the Lease Rent Payments herein provided, and subject to Lessor’s equitable lien as hereinbefore set forth, Lessee agrees to, and does hereby grant Lessee the Authority agrees right to provide use the Property as hereinbefore and hereafter or specifically set forth. Lessee shall use the Property only for its proper purposes and will not install, use, operate or maintain the Leased Property improperly, carelessly or in violation of any applicable law, ordinance, rule or regulation of any governmental authority, or in a manner contrary to the nature of the Property or the use contemplated by its manufacturer. The Property shall be used solely in the conduct of Lessee's operations. Lessee shall obtain, at its expense, all registrations, permits, and licenses, if any, required by law for the installation and operation of the Property. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease. The City Lessee shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, nature charged to Lessor or Lessee or levied, assessed or charged against any item of the Authority or the City affecting the Leased Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City Lessee shall be obligated to pay only such installments as are required to be paid during the Term of this Lease as and when the same become due. The City Lessee may, at its Lessee's expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless Lessor shall notify Lessee that nonpayment is affecting timely payment of the Authority notifies Rent Payments, or in the City case of Lessor that, in its reasonable opinionthe opinion of Special Counsel, by nonpayment of any such items items, the interest of the Authority Lessor in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City Lessee shall promptly pay such taxes, assessments assessments, or charges or provide the Authority Lessor with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the TrusteeLessor.
Appears in 1 contract
Samples: Lease Purchase Agreement
Maintenance, Utilities, Taxes and Assessments. The Corporation and the District each agree that during the term of this Recreational Facilities Agreement it will itself at its own expense or will cause others to (a) keep the Project facilities which it owns in as reasonably safe condition as its operations will reasonably permit, and (b) keep the Project facilities which it owns in good repair and in good operating condition, making from time to time all necessary repairs thereto and renewals and replacements thereof, which may be necessary for this purpose, so that the Project facilities which it owns will remain suitable and efficient for use of the character described in and contemplated by the Indenture. Throughout the Term of this Lease, as part of the consideration for the rental of the Leased Property, Recreational Facilities Agreement all improvement, repair and maintenance of the Leased Property are Project facilities shall be the responsibility of the Cityparty owning such facilities, and the City will such party shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased Propertysuch facilities, which may include, without limitation, janitor servicecleaning services, maintenance, security, powerpower and electricity, gas, telephone, light, heating, water telecommunications and radio equipment and all other utility servicesutilities and services supplied to or in connection with the Project, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property such facilities or any part thereof resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee thereoftear. In exchange for the Lease Payments herein provided, the Authority agrees to provide only the Leased Property. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease. The City Each party shall also pay or cause to be paid paid, without abatement, deduction or offset, all property taxes and general and special assessments (collectively, "property taxes") of any type or naturenature levied, if anyassessed or charged by an authorized governmental authority to and against the Project facilities which it owns, charged the improvements thereto from time to the Authority or the City affecting the Leased Property or time and the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City each party shall be obligated to pay only such installments as are required to be paid during the Term of this Lease Recreational Facilities Agreement as and when the same become due. The City Each party may, at its expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies the City that, in its reasonable opinionunless, by nonpayment of any such items items, the interest of the Authority in the Leased Property will be materially endangered or the Leased Property Project or any part thereof will be subject to loss or forfeiture, in which event the City responsible party shall promptly pay such taxes, assessments or charges or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority Credit Enhancement Provider and the Trustee.
Appears in 1 contract
Samples: Recreational Facilities Agreement (BFC Guaranty Corp)
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Leasethe Lease Agreement, as part of the consideration for the rental of the Leased Property, all improvement, repair and maintenance of the Leased Property are shall be the responsibility of the City, Town and the City will pay for Town shall pay, or otherwise arrange arrange, for the payment of all utility services supplied to the Leased Property, Property which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City Town or any assignee or sublessee thereof. In exchange for the Lease Payments herein provided, the Authority agrees to provide only the Leased Property, as hereinbefore more specifically set forth. The City Town waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 section 1932 of the California Civil Code, but such waiver does shall not limit any of the rights of the City Town under the terms of this LeaseLease Agreement. The City Town shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority or the City Town affecting the Leased Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City Town shall be obligated to pay only such installments as are required to be paid during the Term of this the Lease Agreement as and when the same become due. The City Town may, at its the Town’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies or the City Municipal Bond Insurer shall notify the Town that, in its reasonable opinionthe opinion of Independent Counsel, by nonpayment of any such items items, the interest of the Authority in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City Town shall promptly pay such taxes, assessments or charges or provide the Authority and the Municipal Bond Insurer with full security against any loss which may result from nonpayment, in form satisfactory to the Authority. The Town shall provide the Authority with written notice of any such contest and shall provide such updates on the Trusteecontest as the Authority may reasonably request.
Appears in 1 contract
Samples: Lease Agreement
Maintenance, Utilities, Taxes and Assessments. (a) Throughout the Term of this Lease, as part of the consideration for the rental of the Leased PropertySite and Facilities, the District shall maintain the Site and Facilities in good working condition, and all improvement, repair and maintenance of the Leased Property are Site and Facilities shall be the responsibility of the CityDistrict, and the City will District shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased PropertySite and Facilities, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property Site and Facilities resulting from ordinary wear and tear or want of care on the part of the City District or any assignee or sublessee thereof. In exchange for the Lease Payments herein provided, the Authority Corporation agrees to provide only the Leased PropertySite and Facilities, as hereinbefore more specifically set forth. The City District waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does shall not limit any of the rights of the City District under the terms of this Lease. .
(b) The City District shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority Corporation or the City District affecting the Leased Property Site and Facilities or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City District shall be obligated to pay only such installments as are required to be paid during the Term of this Lease as and when the same they become due. .
(c) The City District may, at its the District's expense and in its name, upon notice to the Corporation and the Lender, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority Corporation notifies the City District that, in its reasonable opinion, by nonpayment of any such items the interest of the Authority Corporation in the Leased Property Site and Facilities will be materially endangered or the Leased Property Site and Facilities or any part thereof will be subject to loss or forfeiture, in which event the City District shall promptly pay such taxes, assessments or charges or provide the Authority Corporation with full security against any loss which may result from nonpayment, in form satisfactory to the Authority Corporation and the TrusteeLender.
Appears in 1 contract
Samples: Lease Agreement
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Leasethe Lease Agreement, as part of the consideration for the rental of the Leased Property, all improvement, repair and maintenance of the Leased Property are shall be the responsibility of the City, City and the City will shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, Property which may include, without limitation, janitor service, security, power, gas, telephonephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee lessee thereof. In exchange for the Lease Payments herein provided, the Authority agrees to provide only the Leased Property, as hereinbefore more specifically set forth. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 1932 of the California Civil Code, but such waiver does shall not limit any of the rights of the City under the terms of this LeaseLease Agreement. The City shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority or the City affecting the Leased Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall be obligated to pay only such installments as are required to be paid during the Term of this the Lease Agreement as and when the same become due. The City may, at its the City’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies shall notify the City that, in its the reasonable opinionopinion of the Authority, by nonpayment of any such items items, the interest of the Authority in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes, assessments or charges or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the TrusteeAuthority.
Appears in 1 contract
Samples: Lease Agreement
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease, as part of the consideration for the rental of the Leased Property, all improvement, repair and maintenance of the Leased Property are shall be the responsibility of the CityDistrict, and the City will District shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City District or any assignee or sublessee thereof. In exchange for the Lease Payments herein provided, the Authority Corporation agrees to provide only the Leased Property, as hereinbefore more specifically set forth. The City District waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does shall not limit any of the rights of the City District under the terms of this Lease. The City District shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority Corporation or the City District affecting the Leased Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City District shall be obligated to pay only such installments as are required to be paid during the Term of this Lease as and when the same become due. The City District may, at its the District's expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies Corporation shall notify the City District that, in its reasonable opinion, by nonpayment of any such items the interest of the Authority Corporation in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City District shall promptly pay such taxes, assessments or charges or provide the Authority Corporation with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the TrusteeCorporation.
Appears in 1 contract
Samples: Lease Agreement
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this LeaseLease Term, as part of the consideration for the rental of the Leased PropertyPremises, all improvement, repair and maintenance of the Leased Property are Premises shall be the responsibility of the City, City and the City will pay for shall pay, or otherwise arrange for the payment of of, all utility services supplied to the Leased Property, Premises which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property Premises resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee thereof. In exchange for the Lease Rental Payments herein provided, the Authority agrees to provide only the Leased PropertyPremises, as hereinbefore more specifically set forth. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 1932 of the California Civil Code, but such waiver does shall not limit any of the rights of the City under the terms of this LeaseLease Agreement. The City shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority or the City affecting the Leased Property Premises or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall be obligated to pay only such installments as are required to be paid during the Lease Term of this Lease as and when the same become due. The City may, at its the City’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges payable by it hereunder and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies shall notify the City that, in its reasonable opinionthe opinion of counsel, by nonpayment of any such items items, the interest of the Authority in the Leased Property Premises will be materially endangered or the Leased Property Premises or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes, assessments or charges or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the Trustee.
Appears in 1 contract
Samples: Lease Agreement
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease, as part of the consideration for the rental of the Leased Property, all improvement, repair and maintenance of the Leased Property are shall be the responsibility of the CityCounty, and the City will County shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City County or any assignee or sublessee lessee thereof. In exchange for the Lease Payments herein provided, the Authority Corporation agrees to provide only the Leased Property, as hereinbefore more specifically set forth. The City County waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does shall not limit any of the rights of the City County under the terms of this Lease. The City County shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority Corporation or the City County affecting the Leased Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City County shall be obligated to pay only such installments as are required to be paid during the Term of this Lease as and when the same become due. The City County may, at its the County's expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies Corporation shall notify the City County that, in its reasonable opinion, by nonpayment of any such items the interest of the Authority Corporation in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City County shall promptly pay such taxes, assessments or charges or provide the Authority Corporation with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the TrusteeCorporation.
Appears in 1 contract
Samples: Lease Agreement
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this LeasePurchase Contract, as part of the consideration for the rental purchase of the Leased PropertyImprovements, all improvement, repair and maintenance of the Leased Property are Improvements will be the responsibility of the City, and the City Board. The Board will pay for or otherwise arrange for the payment of all utility services supplied to the Leased PropertyImprovements, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property Improvements resulting from ordinary wear and tear or want of care on the part of the City Board or any assignee or sublessee lessee thereof. In exchange for the Lease Installment Payments herein provided, the Authority Trustee agrees to provide only the Leased Property. Improvements, as more specifically set forth in this Purchase Contract. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease. The City Board shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority Trustee or the City Board affecting the Leased Property Improvements or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City Board shall be obligated to pay only such installments as are required to be paid during the Term of this Lease Purchase Contract as and when the same become due. The City Board or any lessee of the Board may, at its the Board’s or such lessee’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, the Board or such lessee may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom and shall provide the Trustee with full security against any loss or forfeiture which might arise from such contest and any appeal therefrom, unless the Authority notifies Trustee shall notify the City Board or such lessee that, in its reasonable opinionthe opinion of counsel, by nonpayment of any such items items, the interest of the Authority Trustee in the Leased Property Improvements will be materially endangered or the Leased Property Improvements or any part thereof will be subject to loss or forfeiture, in which event the City Board or such lessee shall promptly pay such taxes, assessments or charges or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the Trusteecharges.
Appears in 1 contract
Samples: Installment Purchase Contract
Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease, as part of the consideration for the rental of the Leased Property, all improvement, repair and maintenance of the Leased Property are the sole responsibility of the City, and the City will pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and will shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee thereofthereof on the part of the City or any assignee. In exchange for the Lease Payments herein provided, the Authority agrees to provide only the Leased Property, as hereinbefore more specifically set forth. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease. The City shall also will pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority or the City affecting the Leased Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall is obligated to pay only such installments as are required to be paid during the Term of this Lease as and when the same become due. The City may, at its the City’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority notifies shall notify the City that, in its reasonable opinion, by nonpayment of any such items the interest of the Authority in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City shall will promptly pay such taxes, assessments or charges or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority and the TrusteeAuthority.
Appears in 1 contract
Samples: Lease/Purchase Agreement