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1983-102
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1983-102
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Last modified
3/28/2023 3:08:25 PM
Creation date
3/28/2023 3:04:57 PM
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Resolutions
Resolution Number
1983-102
Approved Date
10/19/1983
Subject
Providing for the financing of the acquition construction & equipment of a
120 Bed Nursing Home Facility located on 37th Street, Providing for Industrial
Development Revenue Bonds (Florida Health Facilities Project)
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rhe Uorrower may, at its own expense and in its own name, <br />in 100J f1ith contest any such taxes, assessments and other <br />.:harJt?s ,l1hl, in the event of any such contest, may permit the <br />c...1x<J,i, 1ssess,nents or other charges so contested to remain unp:iid <br />Juri~g ~he period of s uch contest and any appeal therefrom, so <br />long 1s :he Trustee is furnished with an opinion of counsel <br />satisf.:ictory 1:.0 the Trustee that by such action the Project shall <br />not ;Je ::1.J.tarially adversely endangered and no part thereof is in <br />-ianqer .)t °Jecoming subject to loss or forfeiture, and that neither <br />-:.:"e l1~n:.. nor secu rity interests created hereunder as to the Pro- <br />Jec t >r 1ny part thereof, nor the Loa~ Payments or other revenues <br />;inj ilr:i...:<?eJs to be derived from the Project will not be materially <br />~<lv~rsalr endangered. The Issuer will cooperate fully with the <br />~.)rr:i~er :o protect the Bo rrower's right so to contest. <br />Section 5,3 Insurance on Project. Commencing with the <br />.:it.lrt. Jf ,;onstruction, the Borrower .;;hall take out :ind contin- <br />uou.-;l/ -:iaintain in effect while any o.E the Bonds shall be out- <br />st3nJin~ anj unpaid, insurance on the rroject against such risks <br />~ .. 1r'? 1;us tomari ly insured against by businesses of like size and <br />t 1 !)e, 1nJ us other11ise requiretl by the Construction Loan Agreement, <br />3nj ~ay ls the same shall beco~e due and payable all premiums <br />~L~h ra~pect thereto, In lie u of separate insurance policies, <br />such insurance may be in the forra of a blanket insurance policy <br />or policies of the Dorrower, which policy or policies may contain <br />JeJuc~ibl~ amounts and exceptions and exclusions comparab le to <br />t:1-.>s,.: .;::mt.ii:rnu in policies customarily obtained by businesses of <br />li~e 3i~~ and type a3 that of the O:irrower. <br />Without limiting the ~enerality of the foregoing, the <br />i3o rrvwer shall at all times cai:-ry comprehe nsiv e ge nerill public <br />liJbilicy insurance in conn~ct ion with its operation of the <br />ProJect protecting the Dorrower, the Trustee antl the Issuer as <br />t:1eir intt:!rests ;nay appe.:ir, agail\st liability for injuries to <br />p~rsons and/~r property, occurring on , in or about the Project, <br />in 1:h12 ::ii :iirnu:n amount of $1,000,000 liability to any one person <br />for uoJily injury, $1,000,000 liability to all persons for any <br />one occurrence and $1,000,000 liability for property damage in <br />tlny rJne occurrence. <br />·r he Llo rrm,,er may with the consent of the Trustee, <br />•,:hich con~ent. sha ll not. unreasonubly be vtit-.hhelJ, volunt.:trily <br />~et tle or consent to the settlement. of any prospective or pen-iing <br />cl~im unJer any insurance policy referred to in this Agreement <br />without t.he consent of the rssuer, but notice of any such settle- <br />~cnt :;hull be given to the Issuer; provided, however, in no <br />~ve nt Alll the Issuer or the Trustee volunt3rily settle or c0n- <br />se:1t t.o the :;ett lement of ,:rny such clai:n without the written con- <br />s~nt. of the Borrower. <br />-26-
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