HomeMy WebLinkAbout4C Insurance - Obligor's Compliance Certificatebank.
Global Corporate Trust Services
60 Livingston Avenue, EP-MN-WS3C
St. Paul. MN 55107
usbank.com
March 1, 2019
Mr. Brock Zeeb
South Bend Redevelopment Authority
1200 County -City Building
227 W. Jefferson
South Bend, IN 46601
Re: South Bend Redevelopment Authority Lease Rental Revenue Bond of 2015
Dear Mr. Zeeb:
This letter is being sent in advance of the due date of the following item(s) to assist you in providing us with the
required documentation in a timely manner.
Item Document Reference Due Date
Insurance - Obligor's Compliance Certificate Exh Trust Agreement 03/3112019
A 6.03
If the requested item(s) has been sent, you may disregard this letter.
If possible, please send your item(s) to us electronically in an unalterable portable document format (pdf).
We appreciate your attention to this matter. Please contact me at the telephone number or email address below to
discuss any questions or concerns you may have regarding the content of this letter. You may also contact your
Relationship Manager, T_ Scott Fesler, at 317-264-2501.
Sincerely,
Diane Carlson
Trust Review Analyst
Telephone: 651-466-6288
Facsimile: 651-466-7427
Email: diane.carlson@usbank.com
Account Number: 257844000
Tickler Number(s): 1311270
AC a' CERTIFICATE OF PROPERTY INSURANCE DATE(MMIDDIYYYY)
06/22/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER CONTACT Stephen Swihart
NAME:
Gibson Insurance Agency, Inc. PHONE xt . (800) 814-2122 Fi4lC Na ; (800) 836-2122
130 S Main St, Ste 400 E-MAIL
ADDRESS: sswihart@gibsonins.com
PO Box 11177 PRODUCER 00003140
CUSTOMER 10:
South Bend IN 46601-0177 INSURER(S) AFFORDING COVERAGE NAIC#
INSURED INSURER A: Lexington Ins Co 19437
1. City of South Bend and Any Subsidiary INSURER B:
227 W Jefferson Blvd INSURER C:
Dept of Admin & Finance INSURER D:
South Bend IN 46601 INSURER E :
COVERAGES CERTIFICATE NUMBER: 18/19 Prop REVISION NUMBER:
LOCATION OF PREMISES I DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Loc# 00001: Dept. of Admin. & Finance 1200 N County -City Building South Bend IN 46601
See Attached Overflow Pages
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDDIYYYY)
POLICY EXPIRATION
DATE (MMIDDIYYYY)
COVERED PROPERTY
LIMITS
PROPERTY
BUILDING
5
CAUSES OF LOSS DEDUCTIBLES
PERSONAL PROPERTY
BASIC BUILDING
BUSINESS INCOME
$
BROAD CONTENTS
EXTRA EXPENSE
$
SPECIAL
RENTAL VALUE
EARTHQUAKE
$
A
017471589/05
07/01/2018
07/01/2019
BLANKET BUILDING
WIND
$
BLANKET PERS PROP
FLOOD
$
BLANKET BLDG & PP
X Equipment 50,000
$ 25,000,000
X
Per occurrence
S
INLAND MARINE
TYPE OF POLICY
$
S
CAUSES OF LOSS
POLICY NUMBER
$
NAMED PERILS
$
CRIME
S
TYPE OF POLICY
BOILER & MACHINERY I
EQUIPMENT BREAKDOWN
S
3
SPECIAL CONDITIONS I OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Total Insured Limit: $550,000,000. Listing of carriers for Excess Limits above $25,000,000 available upon request. This confirms South Bend
Redevelopment Authority, re: Lease Rental Revenue Bond of 2015 (Smart Streets Project), has adequate coverage as required by Section 6.03 & Exhibit A
of the Trust Indenture.
CERTIFICATE HOLDER CANCELLATION
US Bank - Global Corporate Trust Services Diane Carlson, Trust
60 Livingston Avenue
EP-MN-WS3C
St. Paul MN 55107
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
@ 1995-2015 ACORD CORPORATION. All rights reserved.
ACORD 24 (2016103) The ACORD name and logo are registered marks of ACORD
EXHIBIT A
OFFICER'S CERTIFICATE
(Annual Insurance Compliance Certificate to the Trustee)
Reference is made to the Trust Agreement dated as of April 1, 2015 (the
"Governing Document"), between the South Bend Redevelopment Authority, a public
body corporate and politic, organized and existing under Indiana Code 36-7-14.5, as
amended (the "Company"), and U.S. Bank National Association, as trustee (the
"Trustee").
The undersigned officer hereby certifies to the Trustee that:
(i) I have read all relevant sections of the Governing Document relating to
Insurance and the definitions relating thereto;
(ii) I have made such examination or investigation as is necessary or
appropriate in order to make the statements contained herein;
(iii) I have made such examination or investigation as is necessary to enable
me to express an informed opinion as to whether or not the terms, conditions and
covenants in the Governing Document with respect to insurance matters have been
complied with; and
(iv) Based on examination and review of the Governing Document, all of the
terms, conditions and covenants set forth in the Governing Document as they relate to
Insurance matters have been satisfied and are in full force and effect.
IN WITNESS WHEREOF, the undersigned has executed this Officer's Certificate
this day of , 20
SOUTH BEND REDEVELOPMENT AUTHORITY
By: --
Name:
Title:
(a) keep the Project or cause the Project to be insured against physical
loss or damage, however caused, with such exceptions as are ordinarily required by
insurers of properties of a similar type, in good and responsible insurance companies as
set forth herein with coverage in such amounts customarily carried for other similar
properties; and
(b) keep in effect, public liability and property damage insurance,
insuring the Commission, the Authority and the Trustee in amounts customarily carried
for similar properties. Such insurance may be provided under the public liability self-
insurance program of the City of South Bend.
Section 6.03. Except as provided in Section 6.02(b), such insurance policies shall
be maintained in insurance companies rated B+ or better by A.M. Best Company (or a
comparable rating service if A.M. Best Company ceases to exist or rate insurance companies),
and shall be countersigned by an agent of the insurer who is a resident of the State of Indiana.
Not later than ninety (90) days after the end of its Fiscal Year, the Authority shall deliver to the
Trustee a certificate in the form of Exhibit A hereto, signed by an Authorized Representative. If
the Authority fails at any time to obtain or maintain at least the minimum insurance required
under this Agreement, it shall immediately notify the Trustee in writing of such failure. The
Trustee makes no representation as to, and shall have no responsibility for the sufficiency or
adequacy of the insurance.
Section 6.04. The insurance policies required by this Article VI shall be for the
benefit, as their interests shall appear, of the Trustee, the Authority, and other persons having an
insurable interest in the insured property. Such policies shall clearly indicate that any proceeds
under the policies shall be payable to the Trustee, and the Trustee is hereby authorized to
demand, collect and receipt for and recover any and all insurance moneys which may become
due and payable under any of said policies of insurance and to prosecute all necessary actions in
the courts to recover any such insurance moneys. The Trustee may, however, accept any
settlement or adjustment which the officers of the Authority may deem it advisable to make with
the insurance companies.
Section 6.05. Subject to the terms of the Lease and this Agreement, in the event
all or part of the Project is taken by the exercise of eminent domain, the proceeds of such
condemnation award received by the Authority or the Trustee shall be applied by the Authority
to the repair, replacement or reconstruction of the Project. Such proceeds shall be held and
disbursed by the Trustee in the manner and upon the showings provided for in Section 3.01
hereof, except that the Trustee may release such proceeds, or a part thereof, upon delivery of a
certification from the Authority to the Trustee that repairs have been made and paid for.
Section 6.06. In the event the Authority shall not continence to repair, replace or
"reconstruct the portion of the Project so condemned, as contemplated herein and provide for
substitution of all or a part of the Project as provided in Section 5.13 hereof and Section 2 of the
Lease within ninety (90) days, or the Authority, having commenced such work of repair or
replacement, shall abandon or fail diligently to pursue the same, the Trustee may, in its
discretion, make or complete such repairs, replacements, or reconstructions and if it shall elect so
to do, may enter upon said premises to any extent necessary for the accomplishment of such
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