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ARTICLE V
<br />MAINTENANCE; TAXES; INSURANCE; AND OTHER MATTERS
<br />Section 5.1. Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this
<br />Lease Agreement, as part of the consideration for the rental of the Property, all improvement,
<br />repair and maintenance of the Property are the sole responsibility of the City, and the City will
<br />pay for or otherwise arrange for the payment of all utility services supplied to the Property,
<br />which may include, without limitation, janitor service, security, power, gas, telephone, light,
<br />heating, water and all other utility services, and shall pay for or otherwise arrange for the
<br />payment of the cost of the repair and replacement of the Property resulting from ordinary wear
<br />and tear or want of care on the part of the City or any assignee or sublessee thereof. In exchange
<br />for the Lease Payments herein provided, the Authority agrees to provide only the Property, as
<br />hereinbefore more specifically set forth. The City waives the benefits of subsections 1 and 2 of
<br />Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such
<br />waiver does not limit any of the rights of the City under the terms of this Lease Agreement.
<br />The City will pay or cause to be paid all taxes and assessments of any type or nature, if
<br />any, charged to the Authority or the City affecting the Property or the respective interests or
<br />estates therein; provided that with respect to special assessments or other governmental charges
<br />that may lawfully be paid in installments over a period of years, the City is obligated to pay
<br />only such installments as are required to be paid during the Term of this Lease Agreement as
<br />and when the same become due.
<br />The City may, at the City's expense and in its name, in good faith contest any such taxes,
<br />assessments, utility and other charges and, in the event of any such contest, may permit the
<br />taxes, assessments or other charges so contested to remain unpaid during the period of such
<br />contest and any appeal therefrom unless the Authority shall notify the City that, in its
<br />reasonable opinion, by nonpayment of any such items the interest of the Authority in the
<br />Property will be materially endangered or the Property or any part thereof will be subject to
<br />loss or forfeiture, in which event the City will promptly pay such taxes, assessments or charges
<br />or provide the Authority with full security against any loss which may result from nonpayment,
<br />in form satisfactory to the Authority. The City shall promptly notify the Asgnees of any tax,
<br />assessment, utility or other charge it elects to contest.
<br />Section 5.2. Modification of Property. The City has the right, at its own expense, to make
<br />additions, modifications and improvements to the Property or any portion thereof. All
<br />additions, modifications and improvements to the Property will thereafter comprise part of the
<br />Property and become subject to the provisions of this Lease Agreement. Such additions,
<br />modifications and improvements may not in any way damage the Property, or cause the
<br />Property to be used for purposes other than those authorized under the provisions of state and
<br />federal law; and the Property, upon completion of any additions, modifications and
<br />improvements made thereto under this Section, must be of a value which is not substantially
<br />less than the value thereof immediately prior to the making of such additions, modifications
<br />and improvements.
<br />Section 5.3. Public Liability Insurance. The City shall maintain or cause to be maintained
<br />throughout the Term of this Lease Agreement a standard comprehensive general liability
<br />insurance policy or policies in protection of the City, the Assignees and their respective
<br />members, officers, agents, employees and assigns. Said policy or policies shall provide for
<br />indemnification of said parties against direct or contingent loss or liability for damages for
<br />bodily and personal injury, death or property damage occasioned by reason of the operation of
<br />the Property. Such policy or policies must provide coverage with limits of at least $1,000,000 per
<br />occurrence, $3,000,000 in the aggregate, for bodily injury and property damage coverage, and
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