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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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Section 5.4 Insurance Policies. The proceeds of the <br />insurance carried pursuant to the provisions of Section 5.3 <br />hereof shall be applied as provided in Section 6.1 hereof. 1\11 <br />such insurance shall be taken out and maintained :i.n responsible <br />insurance companies selected by the Borrower and approved by the <br />initial purchaser or purchasers of the Bonds, and such insurance <br />shall be noncancellable by the insurer except upon 30 days' notice <br />to the Trustee. All policies evidencing such insurance shall pro- <br />vide that loss shall be payable to the Issuer, the Trustee and the <br />Borrower as their respective interests may appear, and the cer- <br />tificates thereof shall be deposit~~ with the Trustee. Evidence <br />of renewal of all such policies shall be furnished to the Trustee <br />no latar than the policies' respective expiration dates. If a <br />policy shall provide that the insurance benefits thereunder shall <br />be payable through any period of grace beyond the stated expira- <br />tion date, for the purposes of this l\greeinent such policy's <br />expiration date shall be deemed to be the last day of such grace <br />period. <br />Section 5.5 Advances by Issuer or Trustee, In the <br />event ~1at the Borrower fails to pay the premiums on policies to <br />provide the full insurance coverage required by this Agreement, <br />fails to pay the taxes and other charg es required to be paid by <br />the aorrower at or prior to the time they are required to be paid, <br />or fails to keep the Project in good order and repair and in as <br />reasonably safe condition as its operations permit, the Issuer or <br />the Trustee, after first notifying the Borrower of any such <br />failure on its part, may (but shall not be oblig~ted to) pay the <br />premiums on such insurance, pay such taxes or other charges, or <br />make such repairs, renewals an~ replacements as may be necessary <br />to maintain the Project in as reasonably safe condition as the <br />Borrower's operations permit and the Project in good order and <br />repair, respectively: and all amounts so advanced therefor by the <br />Issuer or the Trustee shall beco:ne an additional obligation of the <br />narrower to the Issuer or to the Trustee, as the case :nay be, <br />which amounts will be paid by the Borrower, Any remedy herein <br />vested in tlH? Issuer or the Trustee for the collection of the Loan <br />Payments shall also be available to the [ssuer ana the Trustee for <br />the collection of all such amounts so advanced. <br />Section 5,6 Indemnity of lssuer and Trustee. The Issuer <br />shall not l)e liable for, and tile Borrower shall <lefenu, inde,nnify <br />and holu the Issuer harmless again::Jt, any claim for loss or damage <br />to property or for any injury to or Jeath of any person that ~ay <br />be occasioned on account of any Jefect in the Project, including <br />any expenses incur:-re,J by the Issuer in connection \-lit~ the ,lefense <br />of any claim ag,eiinst it arisin1 out ,.:,f any such loss, rlamaqe, <br />injury or. ueath, The Borrower will provi~e Eor:-and insure in the <br />-27-
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