16 - Laserfiche WebLink

FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT, dated as of June 1, 2013 (the "Amended Lease"), between the PLEASANTON JOINT POWERS FINANCING AUTHORITY, a joint powers authority, operating and acting pursuant to the laws of the State of California (the "Authority"), and the CITY OF PLEASANTON, a municipal corporation and political subdivision duly organized and existing under the Constitution and laws of the State of California(the"City"): WITNESSETH: WHEREAS, the City and the Authority have previously entered into a lease agreement, dated as of April 1, 2003 (the "Lease Agreement"), whereby the Authority has agreed to lease certain real property and the improvements thereon (the "Leased Property") to the City and the City has agreed to lease the Leased Property from the Authority; and WHEREAS, the City, The Bank of New York Mellon Trust Company, N.A., as successor in interest to BNY Western Trust company (the "Trustee") and the Authority have previously entered into a trust agreement, dated as of April 1, 2003 (the "Trust Agreement"), whereby the Trustee has executed and delivered certificates of participation (the "Certificates"), each evidencing a direct, undivided fractional interest in the Lease Payments to be made by the City pursuant to the Lease Agreement; and WHEREAS, Ambac Assurance Corporation (the "Insurer") has issued its Insurance Policy, insuring payment of principal of and interest with respect to the Certificates when due; WHEREAS, in connection with the prepayment of the Certificates, the City and the Authority desire to enter into this Amended Lease Agreement, with the consent of the Insurer and the Trustee, pursuant to the provisions of Section 8.3 of the Lease Agreement and Section 9.01 of the Trust Agreement, in order to correct a defective provision of the Lease Agreement and conform such provision to the terms of the Trust Agreement and the Certificates; NOW, THEREFORE, in consideration of the above premises and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows (unless the context otherwise requires, capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Lease Agreement): Section 1. The first sentence of Section 10.2 of the Lease Agreement is hereby amended to read as follows: "The City may exercise its option to prepay the principal component of the Lease Payments, in whole or in part, on any date on or after October 1, 2010, by paving a prepayment price equal to the aggregate or a portion of the unpaid principal components of the remaining 1 Pleasanton Amended Lease Agreement(3)