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SR 05:219
City of Pleasanton
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SR 05:219
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Last modified
9/15/2005 3:42:36 PM
Creation date
8/12/2005 9:29:51 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/16/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:219
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<br />(3) rPI Anjnotmp.nt. As used in this Section, CPI Adjustment shall <br />mean the ratio, the numerator of which is the Consumer Price Index - for the U.S. and selected <br />Areas for Urban Wage Eamers and Clerical Workers, allltems (1982-1984-100) published by <br />the U.S. Department of Labor, Bureau of Labor Statistics ("Consumer Price Index") most <br />recently published as ofthe date the Lessee determines the Inflation Adjustment and the <br />denominator of which is the Consumer Price Index most recently published on the date the <br />Lessee last determined the Inflation Adjustment. If the Bureau of Labor Statistics ceases to use <br />the 1982-1984 average of 100 as the basis of computation, then the ratio shall be adjusted so as <br />to reach the same figure that would have been arrived at had such other price index been in effect <br />on the other dates that Lessee determined the Inflation Adjustment. Ifthe Consumer Price Index <br />is no longer published or issued, then a reliable government or other non-partisan publication <br />creating an index to determine inflation sh\lll be used and the ratio shall be adjusted so as to reach <br />the same figure that would have been arrived at had such other price index been in effect on the <br />other dates that Lessee determined the Inflation Adjustment. <br /> <br />(4) Tnonron~p. Donor Amonnt. For the first five (5) years from the <br />Date Of This Lease, the Insurance Dollar Amount shall, as applicable, equal the dollar amount <br />set forth in subsections (b), (c), and (d). Thereafter, the Insurance Dollar Amount shall be equal <br />to the applicable Inflation Adjustment that was last calculated by the Lessee. <br /> <br />5.2 Tnl;;l.l1rnn~p. P()11~;p.s:. ~nr1 PTf~m;l1ms:. <br /> <br />(a) The liability policies required by this Lease shall name the Lessor, its <br />council members, officers, agents, and employees as additional insureds. The property insurance <br />policy shall name the Lessor as a loss payee, as its interest may appear. <br /> <br />(b) To the extent obtainable, any policy of insurance shall provide that any <br />change or cancellation of said policy shall be made in writing and sent to the Lessee and the <br />Lessor at their respective principal offices at least thirty (30) days before the effective date of <br />change or cancellation. <br /> <br />(c) Upon the Lessor's request at any time during the Lease Term, the Lessee <br />shall provide certificates of insurance evidencing compliance with the requirements of this <br />Section, and shall provide complete copies of such insurance policies, including a separate <br />endorsement naming the Lessor as loss payee or the Lessor, its council members, officers, agents <br />and employees as additional insureds, as applicable. <br /> <br />5.3 pT'()('pp.ns:. ()fTns:.llr~nr.p. <br /> <br />(a) For so long as any Other Loan, the City Loan or the City HELP Loan on <br />the Project is outstanding: All fire and standard risk or extended coverage (casualty) insurance <br />proceeds shall be applied to the payment of the costs of repairing or rebuilding that part of the <br />Project damaged or destroyed if(i) the Lessee agrees in writing within ninety (90) days after <br />payment of the proceeds of insurance that such repair or rebuilding is economically feasible (ii) <br />each Lender with an outstanding Other Loan permits such repair or rebuilding, provided that the <br />extent of the Lessee's obligation to restore the Project shall be limited to the amount of the <br /> <br />144\105\153233.23 <br /> <br />18 <br />
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