1995-020-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 9TH DAY OF JANUARY 1995

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Page 2 nor shall anything contained herein constitute a pledge of the general tax revenueD, funds or monicD of Leosce. LesDee Dhall pay rent cxcluoively from legally available fundo, in the amounto ~et forth both above and on the rent due dateD Det forth in the Schedule of Payments (Exhibit C) attached to the Certificate of Acceptance (Exhibit D), executed by LeDBee, by mailing the Dame to LCGoor at the addreoo Dpecified in Section 14(a). For purposeD of maJ~ing computationo under applicable regulations and rulingo under federal- income tax law, and aD oct fort}l in tile Schedule of paymcnto, a portion of each rent payment io paid ao, and rcprcoento payment of, intercot, and the balance of each rent payment io paid aD, and rcprcocnto payment of, principal. Each ycar'a rental payment in for the conoideration actually furniCihcd that year and each rental payme.nt is, aupported by the uoe of the equipment in each year. '1'he obligation of' Lccoce to make payment of rent, and to perform and obocrvc the agreement 0 contained in the Agreement, ahall be absolute and unconditional in all event!), except aD cxpreDDly provided herein. Notwithstanding any. diopute between LeDnee, Leenor, and any other perDon, Leasee ahall make all rent paymento when due andohall not withhold any rent payments pending final reDolution of ouch dioputc, nor ohall LeDaee aGocrt any right of setoff or counterclaim against ita obligation to make ouch paymcntG required under this Agreement, Leooee'o obligation to pay rent ahall not be abated through accident or unforeseen circumotancca. 2. LEASE TERM. (a) Commencement of LeaGc Term. The leace termo ahall commence on the date on which the Equipment io accepted by LeGoee ao indicated on the Certificate of Acceptance (the Commencement Date), and oha11 terminate on the last buoineoo day of Lessee's then current fiocal budget period (such period being hereinafter referred to as the "Original Term"): provided, however, that this Agreement shall be effective from and after the date of execution hereof. (b) Renewal of Lease Term. Upon expiration of the Original Term, this Leaae ohall automatically renew on a year-to-year baoio for the number of budget periodo necessary to compriae the Full Lease Term as set forth in Exhibit C attached hereto and made a. part hereof, unlesn Le!JGce givc!J written notice to Le!:H~or not leoo than 60 daya prior to the end of the then current term pursuant to oubpart (e) of this aection or Section 10, aD the caGe may be. Each renewal period i!J hereinafter referred to aD a "Renewal Termll, and all Renewal Termo, together with the Original Term, ohall comprise the "Full Leaae Term". The tcrmCi applicable t.o any Renewal Term shall be the same ao the~ termo applicable to the Original Term, except that the rent ohall be aa provided in the Schedule of PaymentD in Exhibit C. (c) Termination of LeaDe Term. Thc Leaoc Term will terminate upon the earlieot to occur of any of the following cvento: (1) the expiration of the Original Term or any Renewal Term and the nonrcncwal thereof in accordance with the termo hereof; (2) the purchase of the Equipment by Leooee purouant to Section 0 or 10; (3) a default by Lecoee or Leesor's election to terminate thio Agreement under Section 12; or (4) the payment by Lessee of all rentalo authorized or required to be paid by Lessee hereunder. (d) Continuation of Leaae Term by Lcaoee. Leaaee intenda, aubject to the provisiono of Dubpart (e) of this Bcction, to continue the Lease Term through the Original Term and all Renewal Terms for the Full LeaDe Term and to pay the rent hereunder. LeODee reaoonably believeD that legally available fundo in an amount sufficient to pay all rent for the Full Lcaoc Term can be obtained. Leaoee further intenda and covenanta to do all things lawfully within ita power to obtain and maintain fundo from which the rent may be paid, including making provioion for ouch rent to the extent neceosary in each budget oubmittcd and adopted in accordance with law, to UDC its bona fide beat efforto to have ouch portion of the budget approved, and to exhauot all available reviewo and appeal a in the event ouch portion of the budget io not approved. I