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2004-047 Ordinance
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2004-047 Ordinance
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1/9/2014 3:58:31 PM
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12/30/2013 9:31:54 AM
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North Olmsted Legislation
Legislation Number
2004-047
Legislation Date
3/25/2004
Year
2004
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-- 1 - <br />said policies shall be promptly applied to the repair, reconstruction or replacement of the New Buildin, and <br />its contents, and the Trustees shall add to such insurance moneys such amount as may be necessarv to <br />complete such repair, reconstruction or replacement. <br />The City and Trustees acknowledge that each has obtained title insurance for ics respective <br />interest in the Leased Property, and each hereby agrees with the other that in the event any defect in that <br />interest is asserted or determined to exist and, as a consequence thereof, the Ciry or the Trustees receives <br />proceeds of that insurance, it will, to the extent of any such proceeds remaining after (i) payment or <br />reimbursement of any reasonable costs and expenses incurred by that party to obtain those proceeds and <br />(ii) consultation with the other party, apply those remaining proceeds, toQether with any additional moneys <br />that may be provided by the Trustees or the City in their discretion, and take action to the extent those moneys <br />are sufficient, to resolve any such actual or asserted defect and otherwise will apply the remaining proceeds <br />and any such moneys, to the extent sufficient, in such manner as may be required to continue co provide a <br />library facility of the nature and to serve the purposes of the New Facility as contemplated by this Lease <br />Agreement, including without limitation, the acquisition of properry and interests therein and ir,iprovements <br />thereto, or otherwise to pay the cost of improvements. Neither the City nor the Trustees shall have any <br />obligation to provide moneys from any source other than that described in the preceding sentence for such <br />purpose or purposes. <br />The proceeds of any condemnation award, or payment in lieu of condemnation, for anv part <br />of or interest in the Leased Property shall be applied to pay the cost of Improvements. <br />SECTION 14. COMPLIANCE WITH LAWS. <br />The Trustees, during the term of this Lease Agreement and any renewal or continuation <br />thereof, shall comply with all applicable govemmental ordinances, regulations and requiremencs relating to <br />maintenance, operation, use and occupancy of the Leased Property and orders issued pursuant thereto; and <br />will pay the cost and expense incidental to such compliance. <br />SECTION 15. ASSESSMENTS. <br />The City aQrees to cooperate with the Trustees in applying for any property tax eremptions <br />that may be available for the Leased Property and executing, in its capacity as owner of the Leased Property, <br />such applications and documents as may reasonably be required for that purpose. <br />During the term of this Lease Agreement and any renewal or continuation thereof, the <br />Trustees, as between the Ciry and the Trustees, shall pay all regular and special assessments and charges <br />levied a?ainst the interests in the Leased Properry that are leased by the City to the Trustees hereunder, to the <br />extent that any portion or installment thereof shall become due and payable subsequent to the delivery of that <br />interest in the Leased Properly to the Trustees and thereafter during the term of this Lease and any renewal or <br />continuation thereof; provided that in the event of a contest, the Trustees may permit any lien or account, or <br />the amount thereof, so contested to remain unpaid during the period of the contest and any appeal therefrom, <br />if the Trustees deliver to the City an opinion of legal counsel reasonably satisfactory to the City, to the effect <br />that nonpayment of any such item will not affect materially the interests of the City or the Trustees in the <br />Leased Property and will not subject the Leased Property, or any part thereof, to imminent loss or forfeiture. <br />During the period when any lien or account so contested remains unpaid, the Trustees shall set aside on its <br />books adequate reserves with respect thereto. The City shall assume and pay, as between the City and the <br />-7-
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