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~a} the facilities subject to the Net Rent Lease are <br />not being used,to provide services, facilities, commodities <br />or supplies which may be adequately made available through <br />the,Airport without the proposed Special Purpose <br />Facll~t~es}~; <br />fib} the construction or acquisition and leasing far. <br />use or occupation of such Special Facility would not cause <br />the City to fail to comply with its covenants in <br />Section 5.1.1 hereof; <br />~c} a Net Rent Lease has been entered into for the <br />Special Purpose Facility to be financed with the Special <br />Purpose Obligations; and <br />~d} the payments to be made by the lessee are <br />sufficient to pay the principal of and interest and premium <br />(if any} on the Special Purpose Obligations as the same <br />mature, to pay all trustee's, fiscal agents' and Paying <br />Agents' fees and expenses in connection therewith, and to pay <br />the ground rental described in Section 10.1.1 hereof; and <br />14.Z.~. There shall have been filed with the City <br />and the Trustee an opinion of Counsel to the City, that a Net <br />Rent Lease has been entered into for the Special Purpose Facility <br />to be financed with Special Obligation Bonds, and that the Net <br />Rent Lease is a valid and binding obligation of the Lessee <br />according to its terms and complies with the provisions of this <br />Section 14. <br />10.3. S ecial Pur ase Facilit Not Part of <br />Air ort. Sa long as any Special Purpose Obligations issued for a <br />Special Purpose Facility are Outstanding and unpaid, or until the <br />payment thereof shall have been duly and adequately provided for, <br />such Special Purpose Facility shall not be considered to be part <br />of the Airport. Thereafter, all rentals and other income <br />thereafter received,by the City from the Special Purpose Facility <br />fvr which such Special Purpose Obligations were issued shall, to <br />the extent permuted by law, constitute Revenues and be paid into <br />the Airport Fund, to be used and applied as are other moneys <br />deposited therein, and if such rentals and other income shall <br />then constitute Revenues, such Special Purpose Facility shall, <br />unless contrary to law, then constitute part of the Airport. <br />However, if any Special Purpose Obligations are retired from the <br />proceeds of Additional Bonds, the Special Purpose Facility <br />financed with those Special Purpose Obligations shall thereafter <br />constitute part of the Airport. <br />Page 61 ~ Ordinance <br />