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2014-001 SAFA
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2014-001 SAFA
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6/11/2014 11:47:57 AM
Creation date
6/11/2014 11:19:15 AM
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City Clerk
Doc Type
Resolution
Doc #
2014-001
Date
6/3/2014
Destruction Year
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excess liability umbrella coverage of at least $5,000,000, and in all events in form and amount <br />(including any deductibles) satisfactory to the . Such insurance may be maintained as <br />part of or in conjunction with any other insurance coverage carried by the City (including, with <br />Assignees' prior written consent, a self insurance program), and may be maintained in whole or <br />in part in the form of the participation by the City in a joint powers authority or other program <br />providing pooled insurance. The City will apply the proceeds of such liability insurance toward <br />extinguishment or satisfaction of the liability with respect to which such proceeds have been <br />paid. <br />Section 5.4. Casualty Insurance. The City will procure and maintain, or cause to be <br />procured and maintained, throughout the Term of this Lease Agreement, casualty insurance <br />against loss or damage to all buildings situated on the Property and owned by the City, in an <br />amount at least equal to the greater of the replacement value of the insured buildings and the <br />aggregate principal amount of the Lease Payments outstanding, with a lender's loss payable <br />endorsement. Such insurance must, as nearly as practicable, cover loss or damage by all "special <br />form" perils. Such insurance shall be subject to a deductible of not to exceed $250,000. Such <br />insurance may be maintained as part of or in conjunction with any other insurance coverage <br />carried by the City (including, with the Assignees' prior written consent, a self insurance <br />program), and may be maintained in whole or in part in the form of the participation by the <br />City in a joint powers authority or other program providing pooled insurance. The City will <br />apply the Net Proceeds of such insurance as provided in Section 6.2. <br />Section 5.5. Rental Interruption Insurance. The City will procure and maintain, or cause <br />to be procured and maintained, throughout the Term of this Lease Agreement, rental <br />interruption or use and occupancy insurance to cover loss, total or partial, of the use of the <br />Property and the improvements situated thereon as a result of any of the hazards covered in the <br />insurance required by Section 5.4, in an amount at least equal to the maximum Lease Payments <br />coming due and payable during any future 24 month period. Such insurance may be <br />maintained as part of or in conjunction with any other insurance coverage carried by the City, <br />and may be maintained in whole or in part in the form of the participation by the City in a joint <br />powers authority or other program providing pooled insurance; provided that such rental <br />interruption insurance shall not be self- insured by the City. The City will apply the Net <br />Proceeds of such insurance towards the payment of the Lease Payments allocable to the insured <br />improvements as the same become due and payable. <br />Section 5.6. Worker's Compensation Insurance. If required by applicable California law, <br />the City shall carry worker's compensation insurance covering all employees on, in, near or <br />about the Property and, upon request, shall furnish to the Authority certificates evidencing such <br />coverage throughout the Term of this Lease Agreement. Such insurance may be maintained as <br />part of or in conjunction with any other insurance coverage carried by the City (including a self <br />insurance program), and may be maintained in whole or in part in the form of the participation <br />by the City in a joint powers authority or other program providing pooled insurance. <br />Section 5.7. Recordation Hereof; Title Insurance. On or before the Closing Date, the City <br />shall, at its expense, (a) cause this Lease Agreement, the Site and Facility Lease and the <br />Assignment Agreements, or a memorandum hereof or thereof in form and substance approved <br />by Bond Counsel, to be recorded in the office of the Orange County Recorder with respect to the <br />Property, and (b) obtain a CLTA title insurance policy insuring the Assignees' interests in the <br />leasehold estate established under the Site and Facility Lease and hereunder in the Property, <br />subject only to Permitted Encumbrances, in an amount equal to the original principal <br />components of the Lease Payments. The City will apply the Net Proceeds of such insurance as <br />provided in Section 6.2. <br />-17- <br />
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