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AgdaPkt 2003-11-03
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AgdaPkt 2003-11-03
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Last modified
6/2/2011 2:05:52 PM
Creation date
10/31/2003 8:05:46 AM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council
Date
11/3/2003
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A. <br />9. 839 <br />Such insurance may be maintained as part of or in conjunction with any other fire and <br />extended coverage carried by the City and may be maintained in whole or in part in the form of <br />self - insurance by the City or through participation by the City in a joint powers ac'hority for <br />such purpose. <br />Rental ha rupdon Insurance. The City stall procure, and maintain through the <br />remainder of the term of the Lease Agreement, rental interruption or use and occupancy <br />insurance to cover loss, total or partial, of the use of any structures constituting any part of the <br />Leased Property during the remainder of the term of the Lease Agreement as a result of any of <br />the hazards covered in the insurance required by the Lease Agreement and which causes <br />abatement of the Lease Payments, in an amount at least equal to the maximum amount of Lease <br />Payments due in any succeeding two successive Rental Periods. In the Lease Agreement, the <br />City assigns to the Authority all right of the City to collect and receive Net Proceeds under any <br />of said policies, which right has been assigned by the Authority to the Trustee pursuant to the <br />Indenture. The Net Proceeds of such insurance shall be paid to the Trustee and deposited in the <br />Lease Payment Fund and shall be credited towards the payment of the Lease Payments in the <br />order in which such Lease Payments come due and payable. <br />The City is permitted to self - insure for rental interruption or use and occupancy <br />insurance required above, so long as certain conditions are met, as specified by the Lease <br />Agreement. See "APPENDIX A - Summary of Principal Legal Documents ". <br />Tide hw rwwa The City shall cause to be delivered on the Closing Date a CLTA title <br />insurance policy with respect to the Leased Property, in a principal amount at least equal to the <br />principal amount of the Bonds, insuring the City's leasehold interest in the Leased Property <br />naming the Authority and the Trustee as beneficiaries. <br />Form oflnsurance Polides. Each policy of insurance shall provide that all proceeds <br />thereunder shall be payable to the Trustee and applied as provided in the Lease Agreement All <br />policies of insurance required by the Lease Agreement and any statements of self - insurance <br />shall be in form satisfactory to [the Insurer and] the Authority. The City shall pay or cause to <br />be paid when due the premiums for all insurance policies required by the Lease Agreement. All <br />such policies shall provide that the Trustee shall be given thirty days' notice of each expiration, <br />any intended cancellation thereof or reduction of the coverage provided thereby. <br />The Trustee shall not be responsible for the sufficiency of any insurance required by the <br />Lease Agreement and shall be fully protected in accepting payment on account of such <br />insurance or any adjustment, compromise or settlement of any loss agreed to by the Trustee. <br />The City shall cause to be delivered to the Trustee [and the Insurer] annually, within 30 days of <br />the end of the Fiscal Year, a certificate stating that the insurance policies required by the Lease <br />Agreement are in full force and effect <br />Net Proceeds of Eminent Domain Proceedings. If the Leased Property is taken <br />permanently under the power of eminent domain or sold to a government threatening to exercise <br />the power of eminent domain, the term of the Lease Agreement shall cease as of the day <br />possession shall be so taken. If less than all of the Leased Property is taken permanently, or if <br />the Leased Property or any part thereof is taken temporarily, under the power of eminent <br />domain, (i) the Lease Agreement shall continue in full force and effect and shall not be <br />terminated by virtue of such taking and the parties waive the benefit of any law to the contrary, <br />and (ii) there shall be a partial abatement of Lease Payments as a result of the application of <br />the Net Proceeds of any eminent domain award to the redemption of the Lease Payments under <br />the Lease Agreement, in an amount to be agreed upon by the City and the Authority such that <br />the resulting Lease Payments represent fair consideration for the use and occupancy of the <br />-13- <br />
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