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SANTA ANA FINANCING AUTHORITY
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SANTA ANA FINANCING AUTHORITY (SAFA)
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SANTA ANA FINANCING AUTHORITY
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Last modified
3/26/2024 2:25:56 PM
Creation date
11/30/2022 11:35:00 AM
Metadata
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Template:
Contracts
Company Name
SANTA ANA FINANCING AUTHORITY
Contract #
A-2007-299
Agency
Finance & Management Services
Expiration Date
5/1/2026
Destruction Year
2031
Notes
Receivied copy from Finance
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under any of said policies, which right has been assigned by the Authority to the Assignee <br />pursuant to the Assignment Agreement. The Net Proceeds of such insurance shall be paid <br />to the Assignee 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 />Section 5.6. Performance and Payment Bonds. The City shall obtain performance and <br />payment bonds relating to the Improvements in such form as shall be acceptable to the <br />Assignee. <br />Section 5.7. Title Insurance. <br />(a) The City shall provide, on the Closing Date, an ALTA title insurance policy (or <br />an amendment to the ALTA policy issued on October 27, 2005), covering, and in the amount <br />of not less than the principal amount of the Lease Agreement, insuring the leasehold estate <br />created by the Site Lease. The Assignee shall be a named insured of such title insurance <br />policy. <br />(b) The Net Proceeds of such title insurance shall be applied as provided in Section <br />6.2(c) hereof. <br />Section 5.8. Insurance Net Proceeds: Form of Policies. In the event that the City is not <br />self -insured as hereinafter provided, the City, at its expense, shall throughout the term of <br />this Lease Agreement keep the Property insured against theft, fire, collision (in the case of <br />vehicles) and such other risks as may be customary for each item of Property in the amounts <br />and for the coverage set forth in this Lease Agreement, with carriers acceptable to the <br />Authority, under a policy or policies containing a loss payable endorsement in favor of the <br />Authority and the Assignee, and affording to the Authority such additional protection as <br />the Authority shall reasonably require. The City shall further, at its expense, maintain in <br />effect throughout the term of this Lease Agreement a policy or policies of comprehensive <br />public liability and property damage insurance in the amounts and for the coverage set <br />forth in this Lease Agreement, with carriers satisfactory to the Authority. Such insurance <br />may be maintained as part of or in conjunction with any other insurance carried by the City <br />and may be maintained in whole or in part through a joint exercise of powers authority <br />created for such purpose. The policies required hereby shall provide that they may not be <br />canceled or materially altered without at least 30 days prior written notice to the Authority <br />and the Assignee. The City shall deliver to the Authority and the Assignee copies or other <br />evidence satisfactory to the Authority or the Assignee, as applicable, of each insurance <br />policy and each renewal thereof. Failure by the Authority or the Assignee to request <br />evidence of such insurance policies or renewals, or otherwise to verify the existence of such <br />insurance, shall not constitute a waiver of the requirements hereof. The Authority, the <br />Assignee and the City shall jointly make claim for, receive payment of and execute and <br />endorse all documents, checks or drafts received in payment for loss or damage under said <br />insurance policies. <br />Section 5.9. Advances. If the City shall fail to perform any of its obligations under <br />this Article V, the Authority or the Assignee may, but shall not be obligated to, take such <br />action as may be necessary to cure such failure, including the advancement of money, and <br />the City shall be obligated to repay all such advances as soon as possible, with interest at the <br />rate of twelve percent (12%) per annum from the date of the advance to the date of <br />repayment. <br />Section 5.10. Installation of City's Equipment. The City may, at any time and from <br />time to time in its sole discretion and at its own expense, install or permit to be installed <br />items of equipment or other personal property in or upon any portion of the Property. All <br />-11- <br />
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