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THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A (3).
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THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A (3).
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7/8/2014 4:59:15 PM
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7/8/2014 4:51:26 PM
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Contracts
Company Name
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.
Contract #
A-2014-133-B
Agency
FINANCE & MANAGEMENT SERVICES
Council Approval Date
6/3/2014
Destruction Year
0
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per occurrence, $3,000,000 in the aggregate, for bodily injury and property damage coverage, <br />and excess liability umbrella coverage of at least $5,000,000, and in all events in form and <br />amount (including any deductibles) satisfactory to the Assignees. Such insurance may be <br />maintained as part of or in conjunction with any other insurance coverage carried by the City <br />(including, with Assignees' prior written consent, a self insurance program), and may be <br />maintained in whole or in part in the form of the participation by the City in a joint powers <br />authority or other program providing pooled insurance. The City will apply the proceeds of <br />such liability insurance toward extinguishment or satisfaction of the liability with respect to <br />which such proceeds have been 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 <br />"special form" perils. Such insurance shall be subject to a deductible of not to exceed <br />$250,000. Such insurance may be maintained as part of or in conjunction with any other <br />insurance coverage carried by the City (including, with the Assignees' prior written consent, a <br />self insurance program), and may be maintained in whole or in part in the form of the <br />participation by the City in a joint powers authority or other program providing pooled <br />insurance. The City will 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 <br />the insurance required by Section 5.4, in an amount at least equal to the maximum Lease <br />Payments coming due and payable during any future 24 month period. Such insurance may <br />be maintained as part of or in conjunction with any other insurance coverage carried by the <br />City, and may be maintained in whole or in part in the form of the participation by the City in <br />a joint powers authority or other program providing pooled insurance; provided that such <br />rental 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 <br />insured 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 <br />such coverage throughout the Term of this Lease Agreement. Such insurance may be <br />maintained as part of or in conjunction with any other insurance coverage carried by the City <br />(including a self insurance program), and may be maintained in whole or in part in the form of <br />the participation by the City in a joint powers authority or other program providing pooled <br />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 Agreement, 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 <br />the Property, and (b) obtain a CLTA title insurance policy insuring the Assignees' interests in <br />the leasehold estate established under the Site and Facility Lease and hereunder in the <br />Property, 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 />-18- <br />
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