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89-073 RES
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89-073 RES
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12/3/2007 2:38:13 PM
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7/26/2005 9:55:59 AM
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<br />. <br /> <br />1.4) It is proposed that: <br /> <br />(01) The City will transfer possesslon of site of the fire <br />station to Norwest under the terms of a Ground Lease <br />between the City, as lessor and Norwest, as lessee (the <br />"Ground Lease"); <br /> <br />(02) Norwest will lease the land, building and other <br />improvements that are the site of the fire station back to <br />the City under the terms of the certain Lease and Purchase <br />Option Agreement between Norwest, as lessor, and the City, <br />as lessee (the "Lease and Purchaser option Agreement"). <br /> <br />. <br /> <br />1.5) There are no actions, suits or proceedings pending, <br />or, to the best of the knowledge of the members of this <br />Council, threatened against the City, questioning the <br />organization or boundaries of the City, or the right of any <br />officer of the City to hold his or her office, or in any manner <br />questioning the right and power of the city to execute and <br />deliver the Ground Lease or the Lease and Purchase Option <br />Agreement, or otherwise questioning the validity of either of <br />such instruments, or questioning the appropriation of revenues <br />for the payment of rentals and other obligations under the <br />Lease and Purchase Option Agreement or which, if adversely <br />determined, will have a materially adverse effect on the <br />ability of the City to perform its obligations under the Ground <br />Lease and the Lease and Purchase Option Agreement. <br /> <br />1.6) No approval, consent or withholding of objection is <br />required from any governmental body or authority or any other <br />person, firm or corporation with respect to the City entering <br />into and performing the Ground Lease and the Lease and Purchase <br />option Agreement. <br /> <br />1.7) Neither the execution and delivery of the Ground <br />Lease or the Lease and Purchase Option Agreement, nor the <br />performance by the city of its obligations under those <br />instruments, will violate any judgment, order, law or <br />regulation applicable to the City, or result in any breach of, <br />or constitute a default under, or result in the creation of any <br />lien, charge, security interest or other encumbrance upon any <br />assets of the City under the provisions of any indenture, <br />mortgage, deed of trust, bank loan or credit agreement or other <br />instrument to which the City is a party by which it or its <br />assets may be bound. <br /> <br />section 2. Authorization to Execute, Deliver and Perform <br />Documents. <br /> <br />. <br /> <br />2.1) Documents. Copies of the proposed form of the Ground <br />Lease and the Lease and Purchase Option Agreement have been <br />prepared and presented to this Council, each of which are <br />directed to be placed on file in the offices of the City Clerk. <br /> <br />3 . <br />
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