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1998-10-19 Resolution 130
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1998-10-19 Resolution 130
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7/16/2008 2:35:48 PM
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• Insurance <br />The Lessee, at its own expense, will keep the Leased Premises insured against physical <br />loss or damage in an amount at least equal to the greater of the full replacement cost of the <br />Leased Premises and the option to purchase price (see "Option to Purchase"), with such <br />exceptions as are ordinarily required by insurers of similar properties. Blanket property <br />insurance may be used if certain conditions in the Lease are satisfied. The Lessee will also, at its <br />own expense, maintain rent or rental value insurance in an amount equal to the full rental <br />value of the Leased Premises for a period of two years against physical loss or damage. <br />Damage and Destruction of Leased Premises <br />The Lease provides that, in the event the Leased Premises are partially or totally <br />damaged or destroyed so as to render the same unfit, in whole or part, for its intended use: (i) it <br />will then be the obligation of the Authority to restore and reconstruct the Leased Premises as <br />promptly as may be done, unavoidable strikes and other causes beyond the control of the <br />Authority excepted; provided, the Authority will not be obligated to restore or reconstruct the <br />Leased Premises if the amount of the proceeds received from the insurance provided for in the <br />Lease plus other money available therefor are insufficient for such purpose, or if the work <br />cannot be completed within the period covered by rental value insurance; and (ii) the rent will. <br />be abated pro rata for the period. during which the Leased Premises or any part thereof is unfit <br />for its intended use. <br />If the Authority is not obligated to restore and reconstruct the Leased Premises pursuant <br />to the provisions described above, the insurance proceeds must be applied to the option to <br />purchase price (see Option to Purchase). In such circumstances, proceeds of insurance will be <br />used for extraordinary redemption of Bonds without premium. Furthermore. in certain <br />circumstances, the Authority may direct application of insurance proceeds to the redemption of <br />Bonds at the then current redemption price. See "SUMMARY OF SELECTED PROVISIONS OF <br />CERTAIN LEGAL DOCUMENTS -- SUMMARY OF SELECTED PROVISIONS OF THE TRUST <br />AGREEMENT -- Insurance -- Use of Proceeds from Insurance." <br />Option to Purchase <br />The Lessee has the right and option, on any rental payment upon 30 days' written <br />notice, to purchase the Leased Premises at a price equal to the amount required to enable the <br />Authority to redeem the Bonds, pay the costs thereof, and liquidate the Authority if it is to be <br />liquidated. <br />In the event the Lessee has not exercised its option to purchase the Leased Premises, <br />then upon expiration of the Lease and full performance by the Lessee of its obligations under <br />the Lease, the Leased Premises will be conveyed by the Authority to the Lessee. <br /> <br />
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