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No. 1506 approving a proposed lease between the SBRA and the SBRC for certain land and public improvements, approving preliminary plans, speccifications and cost estimates, setting a public hearing (Palais Royale)
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No. 1506 approving a proposed lease between the SBRA and the SBRC for certain land and public improvements, approving preliminary plans, speccifications and cost estimates, setting a public hearing (Palais Royale)
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such insurance shall be in an amount at least equal to the option to purchase price. Such <br />appraisal may be based upon a recognized index of conversion factors. In no event shall the <br />insurance be in an amount which causes the Lessee to be a co- insurer for the Project. Such <br />insurance may contain a provision for a deductible in an amount not exceeding $25,000. Lessee <br />agrees to pay the deductible amount of any loss to the Authority. A blanket public institutional <br />property insurance form may be used if: <br />(a) the insurance on the Project is not less than the amount required by this Section, <br />(b) the Lessee subordinates its claim for damage or destruction to other buildings or <br />improvements to claims for damage or destruction of the Project, and <br />(c) the insurance proceeds related to damage to or destruction of the Project are <br />payable to the Trustee. <br />During the full term of this Lease, the Lessee will also, at its own expense, maintain rental or <br />rental value insurance in an amount at least equal to the full rental for the Project specified in <br />Section 4 for a period of two (2) years against physical loss or damage of the type insured against <br />pursuant to the preceding requirements of this Section. Such policies shall be for the benefit of <br />and shall be made payable to the Trustee. <br />Section 10. Use of Insurance and Condemnation Proceeds. Proceeds of insurance <br />against damage to or destruction of the Project or proceeds of any condemnation of the Project <br />shall be paid to and held by the Trustee and used to pay for reconstruction or replacement of the <br />Project in accordance with plans approved by the Authority and the Lessee, unless the Lessee <br />elects to exercise its option to purchase. <br />Section 11. Liability Insurance. The Lessee shall, at all times during the full term of <br />this Lease, keep in effect, public liability and property damage insurance, insuring the Lessee, <br />the Authority and the Trustee in amounts customarily carried for similar properties. Such <br />insurance may be provided under the public liability self insurance program of the City of South <br />Bend. <br />Section 12. General Insurance Provisions. All insurance policies required by Sections <br />9 and 11, other than insurance provided under the public liability self insurance program of the <br />City of South Bend, shall be with insurance companies rated B+ or better by A.M. Best Company <br />(or a comparable rating service if A.M. Best company ceases to exist or rate insurance <br />companies), and shall be countersigned by an agent of the insurer who is a resident of the State <br />of Indiana, and such policies, or copies thereof, and the certificate of the architect or engineer <br />referred to in Section 9 shall be deposited with the Authority and the Trustee. If, at any time, <br />the Lessee fails to maintain insurance in accordance with Sections 9 and 11, such insurance may <br />be obtained by the Authority, or may be obtained by the Trustee, and the amount paid for such <br />insurance shall be added to the amount of rental payable by the Lessee under this Lease; <br />provided, however, that neither the Authority nor the Trustee shall be under any obligation to <br />/J <br />-8- <br />
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