R2011-136 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT

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Original Term or Renewal Term then in effect of Lessee's intention to terminate this Agreement pursuant to Article IV as the case may be. The full lease term (original term plus automatic renewal terms) shall equal the number of months set forth on the face of this Agreement. ARTICLE III: INSPECTION. Lessor and any assignee of Lessor shall have the right at all reasonable times during business hours to enter into and upon the property of Lessee for the purpose of inspecting the Property. ARTICLE IV: RENT PAYMENTS. Section 4.01 Rent Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rent Payments hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or monies of Lessee. Section 4.02 Payment of Rent Payments. Lessee shall pay Rent Payments, exclusively from legally available funds, in lawful money of the United States of America to Lessor or its assignee, in the amounts and on the dates set forth in the Payment Schedule attached to this Agreement. A portion of each rent Payment represents payment of interest and principal respectively. The Payment Schedule sets forth the interest component and the principal component of each Rent Payment during the Lease Term. Section 4.03 Rent Payments to be Unconditional. Subject to Section 4.05, the obligation of Lessee to make Rent Payments and other payments required under this Agreement shall be absolute and unconditional in all events. Lessee shall make all such payments when due and shall not withhold any such payments as a result of any disputes arising among Lessee and Lessor, any Vendor or any other person, nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such payments or be entitled to any abatement of such payments as a result of accident or unforeseen circumstances. Section 4.04 Continuation of Lease Term by Lessee. Lessee intends to continue the Lease Term through the Full Lease Term (including automatic renewals) and to pay the Rent Payments hereunder. Lessee reasonably believes that legal available funds sufficient to make all Rent Payments during the Original Term and each Renewal Term can be obtained. Lessee further intends to do all things lawfully within its power to obtain funds from which Rent Payments may be made, including making provision for such payments to the extent necessary in each periodic budget submitted in accordance with applicable provisions of state law, to have such portion of the budget approved, and to exhaust all available reviews an appeals in the event such portion of the budget is not approved. 3