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RES 94045A
City of Pleasanton
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RES 94045A
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4/13/2012 4:17:17 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
4/19/1994
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obligated to pay only such installments as are required to be paid during the Term of the <br />Agreement as and when the same shall become due. <br />The City, az the City's expense and in its name, may in good faith contest and <br />diligently pursue to conclusion any such taxes and other charges and, in the event of any such <br />contest, may permit the taxes or other charges so contested to remain unpaid during the period <br />of such contest and any appeal therefrom unless the Authority shall notify the City that, in the <br />opinion of Independent Counsel, by nonpayment of any such items, the interest of [he <br />Authority in the Project will be materially endangered or the Project or any part thereof will be <br />subject to loss or forfeiture, in which event the City shail promptly pay such taxes or charges <br />or provide the Authority with full security against any loss which may result From <br />nonpayment, in form satisfactory to the Authority. <br />Section 502. Modification of Project. The City shall, at its own expense, <br />have the right to remodel the Project or to make additions and modifications thereto. All such <br />additions and modifications shall thereaRer comprise part of the Project and be subject to the <br />provisions of the Lease Agreement. Such additions and modifications shall not in any way <br />damage the Project, substantially alter its nature or cause it to be used for purposes other than <br />those authorized under the provisions of state and federal law; and the Project, upon <br />completion of any additions and modifications made pursuant to this Section, shall be of a <br />value which is equal to or greater than the value of the Project immediately prior to the <br />making of such additions or modifications. The City will not permit any mechanic's or other <br />lien to be established or remain against the Project for labor or materials furnished in <br />connection with any remodeling, additions, modifications, repairs, renewals or replacements <br />made by the City pursuant to this Section; provided that if any such lien is established and the <br />City shall first notify the Authority of the City's intention to do so, [he City may, in good faith, <br />wntest and diligently pursue to conclusion any lien filed or established against the Project and <br />in such event may permit the items so contested to remain undischarged and unsatisfied <br />during the period of such contest and any appeal therefrom, and shall, at the time of <br />commencement of such contest, provide the Authority with full security against any loss or <br />forfeiture which might arise from [he nonpayment of any such item, in a form satisfactory to <br />the Authority. The Authority will cooperate fully in any such contest, upon the request and at <br />the expense of the City. <br />Section 503. Insurance <br />The City shall at all times maintain with responsible insurers, including <br />reasonable self-insurance, all such insurance on the Project as is customarily maintained with <br />respect to works and properties of like character against accident to, loss of, or damage to <br />such works or properties. All amounts collected from insurance against accident to or <br />destruction of any portion of the Project shall be used as provided for in Section 5.10(a). <br />vamsniu.Lni <br />12 <br />
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