Laserfiche WebLink
including use and occupancy insurance with respect to certain insured risks, in an amount equal to twenty-four <br /> (24) months of Base Rental (but such risks may not include lost use and occupancy resulting from an <br /> earthquake). See the caption "SECURITY FOR THE BONDS -- The Lease -- Insurance" and APPENDIX A <br /> under the caption "DEFINITIONS AND SUMMARY OF PRINCIPAL LEGAL DOCUMENTS -- SUMMARY <br /> OF CERTAIN PROVISIONS OF THE LEASE -- Insurance". <br /> Abatement <br /> • Except to the extent of amounts legally available to the City for payments under the Lease and except <br /> as otherwise specifically provided in the Lease with respect to use and occupancy insurance proceeds and <br /> amounts on deposit in the Revenue Fund, during any period in which, by reason of material damage, <br /> destruction, title defect or condemnation there is substantial interference with the use and possession by the City <br /> of any portion of the Leased Property, rental payments due under the Lease will be abated proportionately by an <br /> amount such that the portion of Base Rental remaining unabated represents the fair rental value of the remaining <br /> portion of the Leased Property, as calculated by the City and set forth in writing to the Authority and the <br /> Trustee. Any abatement of rental payments pursuant to the Lease will not be considered an event of default as <br /> defined in the Lease. The City waives the benefits of Civil Code Sections 1932(1), 1932(2) and 1932(4) and <br /> any and all other rights to terminate the Lease by virtue of any such interference and the Lease shall continue in <br /> full force and effect. Such abatement will continue for the period commencing with the date of such damage, <br /> destruction, title defect or condemnation and ending with the substantial completion of the work of repair or <br /> replacement of the portions of the Leased Property so damaged, destroyed, defective or condemned. <br /> Insurance <br /> The City has covenanted under the Lease to procure or cause to be procured a variety of insurance <br /> policies against loss or damage to the Leased Property, including casualty insurance against loss or damage <br /> caused by fire, lightning or earthquake and certain other casualties, public entity liability insurance, title <br /> insurance and worker's compensation insurance. In addition, the City has covenanted to provide use and <br /> occupancy insurance against total or partial loss of the Leased Property as a result of hazards covered by the <br /> casualty insurance described above in an amount sufficient to pay the total Base Rental payable by the City <br /> attributable to the Leased Property for a period of at least twenty-four (24) months. The Lease permits the City <br /> to decline to insure for earthquake damage under certain circumstances. Upon issuance of the Bonds, the City <br /> will provide earthquake insurance on the Leased Property if available from reputable insurers at commercially <br /> reasonable rates. <br /> Subject to certain conditions, the City may self-insure against any of the risks required to be insured <br /> against in the Lease except rental interruption and earthquake insurance and title insurance. See APPENDIX A <br /> under the caption "DEFINITIONS AND SUMMARY OF PRINCIPAL LEGAL DOCUMENTS -- SUMMARY <br /> OF CERTAIN PROVISIONS OF THE LEASE - Insurance" for a complete summary of the insurance <br /> requirements of the Lease. If the City self-insures against loss or damage, there is no assurance that sufficient <br /> moneys will be available to rebuild the Leased Property in the event of loss or damage. If sufficient moneys <br /> are available to rebuild the Leased Property, there is no legal assurance that such moneys can be applied to <br /> rebuild the Leased Property under current California law. <br /> Limited Recourse on Default <br /> The enforcement of any remedies provided in the Lease or the Ground Lease could prove both <br /> expensive and time consuming. Although the Lease provides that if the City defaults the Trustee may reenter <br /> the leased property and relet it, portions of the Leased Property may not be easily recoverable, and even if <br /> recovered, could be of little value to others because of the Leased Property's specialized nature. Additionally, <br /> the Trustee may have limited ability to relet the leased property to provide a source of rental payments sufficient <br /> to pay the principal and interest on the Bonds consistent with the preservation of the exclusion of the interest on <br /> the Bonds from gross income for federal income tax purposes. Alternatively, if the City defaults on its <br /> 17 <br />