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4/1/2022 12:14:39 PM
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Reso 2022-047 Approve Parcel Map 11257 for 3081 and 3089 Teagarden Street
(Approved by)
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\City Clerk\City Council\Resolutions\2022
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DSCC-57520\2494968.2 9 September 17, 2021 <br />(ii) Solar Energy System. The components need to convert solar energy into electrical <br />energy, including the modular solar panels, roof mounting equipment, conduits, wiring, inverters, and/or <br />batteries; <br />(iii) Solar Laws. Civil Code sections 714 and 714.1 and any amendments thereto; and <br />(iv) Solar Use Area. The portion of the shared roof on which Owners may install Solar <br />Energy Systems, to the extent authorized under the Solar Laws and Approved by the Owners. Assigned <br />Solar Use Areas shall be Exclusive Use Common Area appurtenant to the Condominium served by the <br />Solar Energy System. <br />3.12.2 Ownership and Leasing. The Solar Energy System exclusively serving a <br />Condominium is personal property owned by the Owner or, if applicable, the Solar Lessor. The Owner may <br />lease a Solar Energy System from a Solar Lessor as long as the Solar Lessor is a duly qualified vendor of <br />Solar Energy Systems subject to Approval by the Owners. The lease may provide that the Solar Lessor <br />will perform certain of the Owner’s duties under this Section 3.12.2, including maintenance and insurance, <br />provided that the Owner retains full responsibility and liability for any failure to perform these duties properly. <br />3.12.3 Installation, Maintenance and Modification. Each Owner shall be responsible for <br />the cost to install and maintain the Solar Energy System that serves the Owner’s Condominium, provided <br />that (i) the type of Solar Energy System is Approved by the Owners, (ii) the location, type, quality, size and <br />color of the conduit between the electrical closet and the Solar Use Area is Approved by the Owners if the <br />electrical closet is not located within the Unit; and (iii) installation and maintenance shall be performed by <br />duly qualified and licensed contractors (“Solar Contractor”) Approved by the Owners. No Solar Energy <br />System may be installed, modified or expanded in any manner without the prior written Approval by the <br />Owners. <br />3.12.4 Insurance and Indemnification. Owners shall provide proof of insurance by the <br />Owner and by the Solar Contractor prior to commencing any work on the Solar Energy System which shall <br />include the following: <br />(i) Liability Insurance. As to Owner: Comprehensive general liability insurance, in <br />standard form, with limits of One Million Dollars ($1,000,000) for bodily injury and property damage each <br />occurrence and Two Million Dollars ($2,000,000) in the aggregate. Each Owner is strongly advised to <br />seek the advice of a qualified insurance consultant regarding their insurance obligations hereunder. <br />(ii) Policy Requirements. All policies shall be specifically endorsed to provide that the <br />coverage will be primary and that any insurance carried by the additional insureds shall be in excess and <br />non-contributory and shall contain a waiver of subrogation in favor of said entities. All insurance required <br />shall be issued by insurance companies authorized to do business in California and shall have an AM Best <br />Rating of at least A-VII and shall be specifically endorsed to provide that such coverage shall not be <br />canceled or materially changed without at least thirty (30) days’ prior written notice to the manager of the <br />Association. The certificates of insurance must name the Association as an additional insured on a <br />separate endorsement form which shall be provided to the Association within fourteen (14) days of approval <br />of the application and as to the Owner’s policy, annually thereafter. <br />(iii) Insurance of the Solar Energy System. The Solar Energy System will not be <br />insured under the Association’s property insurance policies. <br />(iv) Indemnification. Each Owner with a Solar Energy System shall indemnify, protect, <br />defend and hold the Association and the Owner of the other Condominium, and their respective successors <br />and assigns, and their officers, directors, successors and assigns, the management company for the <br />Association, entirely free and harmless from and against any and all claims, costs, expenses, liabilities, <br />actions and damages, including without limitation, attorneys’ fees and costs and costs of enforcing this <br />indemnification (collectively, “Solar Claims”) arising from or attributable to any acts or omissions of Owner,
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