COUNTY FACILITY LEASING Sample Clauses

COUNTY FACILITY LEASING. A. The State Legislature, through the enactment of Government Code sections 15820.93, et seq. (the “SB 863 program”), has authorized the issuance of lease revenue bonds (“Bonds”) by the State Public Works Board of the State of California (the “SPWB”) in order to finance the acquisition, design, and construction of county jail facilities. The Contractor has proposed the design and construction of new buildings at, and renovations to, the existing jail facility at the JLCC by the Contractor to be financed, in part, under the SB 863 program. The Contractor intends to finance the design, construction, and renovation of such buildings through the issuance of the Bonds. In furtherance of this intent, the Contractor has pursuant to that certain ground lease dated August 11, 2020, leased the site of the JLCC to the Board of State and Community Corrections (the “BSCC” and the “BSCC Ground Lease”). The Bonds will in part be secured by a site lease between the BSCC, as landlord, and the SPWB, as tenant (the “SPWB Site Lease”), and the facility lease between the SWPB, as sublandlord, and the BSCC, as subtenant (the “SPWB Facility Lease”). The BSCC intends to sublease the site and the financed facilities to the Contractor for the operation and maintenance of the site and financed facilities (the “SPWB Facility Sublease”). Notwithstanding anything in this Agreement, so long as the Bonds and any other indebtedness of the SPWB incurred to finance and/or refinance the financed facilities are outstanding and have not been fully paid and retired, the BSCC’s and the SPWB’s quiet enjoyment and beneficial use and occupancy of the site and the financed facilities under the BSCC Ground Lease, the SPWB Site Lease, the SPWB Facility Lease, and the SPWB Facility Sublease, including any amendments or restatements thereof, shall not be materially impaired by any acts or omissions of DSH. Notwithstanding anything in this Agreement, this Agreement and the rights of DSH herein shall be subordinate and subject to the BSCC Ground Lease, the SPWB Site Lease, the SPWB Facility Lease, the SPWB Facility Sublease, the indenture related to any financing authorized by the SB 863 Program, and any amendments or restatements of the BSCC Ground Lease, the SPWB Site Lease, the SPWB Facility Lease, the SPWB Facility Sublease, and any indenture entered into by the SPWB to facilitate refunding of the Bonds or any bonds or indebtedness issued pursuant to the SB 863 Program and the State Building Construct...