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9E Consent
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4/1/2022 12:14:39 PM
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4/1/2022 12:13:31 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 19 September 17, 2021 <br />imposes any duty on the Association, its directors, officers or agents (including the manager) to confirm or <br />otherwise verify that the Owners are carrying the recommended insurance. <br />No Owner shall separately insure any property covered by the Association’s property insurance <br />policy as described in Section 7.3 below. If any Owner violates this provision and, as a result, there is a <br />diminution in insurance proceeds otherwise payable to the Association, the Owner will be liable to the <br />Association to the extent of the diminution. The Association may levy a reimbursement assessment against <br />the Owner’s Condominium to collect the amount of the diminution. <br />Each Owner is strongly advised to seek the advice of a qualified insurance consultant <br />regarding the Owner’s property and liability insurance obligations under this Section 7.1 and <br />regarding loss assessment insurance coverage. In addition, Owners (particularly subsequent <br />Owners) should determine whether the Owner should acquire additional insurance coverage if a <br />Solar Energy System has been installed. <br />7.2 Association Liability Insurance. The Association shall obtain and maintain the following <br />liability policies: <br />7.2.1 General Liability Policy. A general liability insurance policy insuring the <br />Association, any manager, the Association’s directors and officers, and the Owners against bodily injury or <br />property damage from an accident or occurrence within the Common Area or as a result of any act or <br />omission of the performance or nonperformance of the Association’s duties as set forth herein. The <br />Association shall be the first named insured under the policy. Subject to the terms and conditions of the <br />policy, the policy also shall cover bodily injury or property damage from an accident or occurrence within <br />any Condominium as a result of any act or omission of an agent of the Association in the performance of <br />the Association’s duties under this Declaration. The policy shall include, if obtainable, cross liability or <br />severability of interest coverage. The limits of such insurance (including the commercial general liability <br />and any excess liability coverage) shall not be less than the general liability requirements set forth in Civil <br />Code section 6840 or any successor statute thereto covering all claims for bodily injury and property <br />damage arising out of a single occurrence. The coverage may be a combination of primary and excess <br />policies. The insurance shall contain coverage terms equivalent to or better than the terms provided by <br />Insurance Services Offices (“ISO”) form CG001 or any successor form thereto. Such insurance shall <br />include coverage against liability for owned, non-owned and hired automobiles and other liability or risk <br />customarily covered with respect to projects similar in construction, location and use. The policy shall be <br />primary and noncontributing with any other liability policy covering the same liability. Any notice of <br />cancellation or material changes to the policy shall be provided by the issuing insurance company in <br />accordance with the notice requirements in the policy. If cancelled, the Association shall replace the policy <br />with a substantially equivalent policy. <br />7.2.2 Directors and Officers Liability Policy. A directors and officers liability policy <br />containing such terms and conditions as are normally and customarily carried for directors and officers of <br />a commercial common interest development. <br />7.2.3 Crime Insurance. A blanket commercial crime insurance policy covering the <br />Association, any organization or Person who either handles or administers or is responsible for Association <br />funds, whether or not any Person receives compensation for services. <br />7.3 Association’s Property Insurance. The Association shall obtain and maintain a master <br />property insurance policy that satisfies each of the following conditions. The Association shall also obtain <br />and maintain appropriate coverages typically provided for the benefit of Mortgagees or lenders. <br />7.3.1 Property Covered. The policy shall cover the following real and personal property: <br />(i) Common Area. All Common Area Improvements, including the building and any <br />Exclusive Use Common Area maintained by the Association; all fixtures, machinery and equipment
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