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10B Action 2012 0117
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10B Action 2012 0117
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1/20/2012 5:54:50 PM
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1/10/2012 5:11:24 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
1/17/2012
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_CC Agenda 2012 0117 CS+RG
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\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0117
Reso 2012-006
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
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be written on a full replacement value basis and shall name Beneficiary as loss payee as its <br />interest may appear. The full replacement value of the improvements to be insured shall be <br />determined by the company issuing the policy at the time the policy is initially obtained. Not <br />more frequently than once every two (2) years, either the Trustor or the Beneficiary shall have <br />the right to notify the other party that it elects to have the replacement value redetermined by the <br />insurance company. Subject to the rights of any senior lienholder, the proceeds collected under <br />any insurance policy may be applied by Beneficiary to any indebtedness secured hereby and in <br />such order as Beneficiary may determine, or at the option of Beneficiary, the entire amount so <br />collected or any part thereof may be released to Trustor. Such application or release shall not <br />cure or waive any default or notice of default hereunder or invalidate any act done pursuant to <br />such notice. Notwithstanding anything to the contrary set forth herein, provided that Trustor is <br />not in default under any Loan Document, Trustor shall be permitted to use the proceeds of <br />insurance to rebuild the Improvements. <br />7.10.1 Trustor shall at all times during the term hereof, maintain a comprehensive <br />general liability insurance policy in an amount not less than One Million Dollars ($1,000,000) <br />each occurrence, Two Million Dollars ($2,000,000) annual aggregate, together with Three <br />Million Dollars ($3,000,000) excess liability coverage or such other policy limits as Beneficiary <br />may require in its reasonable discretion, including coverage for bodily injury, property damage, <br />products, completed operations and contractual liability coverage. Such policy or policies shall <br />be written on an occurrence basis and shall name the Beneficiary as an additional insured. <br />Trustor shall maintain workers' compensation insurance as required by law. <br />7.10.2 Trustor shall file with Beneficiary prior to the commencement of the term <br />hereof, certificates (or such other proof as Beneficiary may require, including without limitation, <br />copies of the required insurance policies) evidencing each of the insurance policies and <br />endorsements thereto as required by this Section, and such certificates (or policies) shall provide <br />that at least thirty (30) days' prior written notice shall be provided to Beneficiary prior to the <br />expiration, cancellation or change in coverage under each such policy. <br />7.10.3 If any insurance policy required hereunder is canceled or the coverage <br />provided thereunder is reduced, Trustor shall, within fifteen (15) days after receipt of written <br />notice of such cancellation or reduction in coverage, but in no event later than the effective date <br />of cancellation or reduction, file with Beneficiary a certificate showing that the required <br />insurance has been reinstated or provided through another insurance company or companies. <br />Upon failure to so file such certificate, Beneficiary may, without further notice and at its option, <br />procure such insurance coverage at Trustor's expense, and Trustor shall promptly reimburse <br />Beneficiary for such expense upon receipt of billing from Beneficiary. <br />7.10.4 The insurance policies required hereunder shall be issued by insurance <br />companies authorized to do business in the State of California with a financial rating of at least A <br />VII status as rated in the most recent edition of Best's Key Rating Guide. Each policy of <br />insurance shall contain an endorsement requiring the insurer to provide at least thirty (30) days <br />written notice to Beneficiary prior to change in coverage, cancellation or expiration thereof. If <br />any insurance policy required pursuant to the Loan Documents is canceled or the coverage <br />provided thereunder is reduced, Trustor shall, within ten (10) days after receipt of written notice <br />of such cancellation or reduction in coverage, but in no event later than the effective date of <br />1755157.2 8 <br />
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