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R99-187 AUTHORIZING THE ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE BONDS
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R99-187 AUTHORIZING THE ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE BONDS
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4/7/2016 9:29:42 AM
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Resolution/Ordinance
Res Ord Num
R99-187
Res Ord Title
AUTHORIZING THE ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1999, AUTHORIZING EXECUTION OF A LOAN AGREEMENT, AN ASSIGNMENT AND AGREEMENT, AND A BOND PURCHASE AGREEMENT
Approved Date
11/1/1999
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authorized to do business in the State as may be selected by the Company. The Full Insurable <br /> Value of the Project may be determined from time to time at the request of the Company or the <br /> Assignee (but not less frequently than every three years) by an Independent architect, Independent <br /> contractor, Independent appraiser, Independent appraisal Company or an Independent insurer, to <br /> be selected subject to the Assignee's approval, and paid for by the Company. The policy or <br /> policies of such insurance shall name the Company, the Issuer and the Assignee as insureds, as <br /> their respective interests may appear, and payments thereunder shall be payable to the Assignee. <br /> All payments received by the Company under such policy or policies shall be paid to the Assignee. <br /> All proceeds from such policies of insurance shall be applied as provided in Section 5.6; <br /> (b) Comprehensive general accident and public liability insurance (including, but not <br /> limited to, coverage for all losses whatsoever arising from the ownership, maintenance, operation <br /> or use of any automobile, truck or other motor vehicle and medical malpractice, to the extent <br /> reasonably available), under which the Company, the Issuer and the Assignee are named as <br /> insureds, in an amount not less than $250,000 for bodily injuries (including death) in any one <br /> occurrence, and not less than $150,000 for property damage, with $2,000,000 additional liability <br /> coverage provided by an umbrella policy; <br /> (c) Workers' compensation and unemployment coverages as required by the laws of the <br /> State during any periods of construction; and <br /> (d) A mortgagee's policy of title insurance issued by a company authorized to issue such <br /> insurance in the State. Such policy shall be for not less than $750,000 and shall not contain any <br /> exceptions to coverage other than Permitted Encumbrances and shall name the Issuer and the <br /> Assignee as insureds as their interests may appear. All proceeds of such policy shall be used as <br /> provided in Section 5.6 hereof. <br /> Originals or copies of the policies required by this Section or certificates evidencing such <br /> insurance shall be delivered by the Company to the Issuer and the Assignee thirty (30) days prior <br /> to the commencement of the period of insurance thereof. All policies of such insurance (other <br /> than title insurance), and all renewals thereof, shall contain a provision that such insurance may <br /> not be canceled by the Issuer thereof without at least thirty (30) days' written notice to the <br /> Company, the Issuer and the Assignee. <br /> Nothing in this Loan Agreement shall be construed as preventing the Company from <br /> satisfying the insurance requirements herein set forth by using blanket policies of insurance <br /> provided each and all of the requirements and specifications of this Loan Agreement respecting <br /> insurance are complied with. <br /> Section 5.6. Damage, Destruction, Condemnation or Loss of Title. <br /> The Company hereby irrevocably assigns to the Issuer all right, title and interest of the <br /> Company in and to any Net Proceeds of any award (other than any relocation award), <br /> compensation, settlement, damages, compromise, voluntary conveyance or insurance proceeds <br /> payable in connection with the pending or threatened condemnation or taking, or sale under threat <br /> of condemnation or taking, of the Project or a portion thereof for any public or quasi-public use <br /> 30 <br />
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