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9E Consent
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9E Consent
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Last modified
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 20 September 17, 2021 <br />permanently affixed to the building situated outside of the Units (excluding any Solar Energy Systems); <br />windows; fences; monuments; lighting fixtures situated outside the Units wired to a common meter; exterior <br />signs; and personal property owned or maintained by the Association; but excluding land; excavations; <br />Solar Energy Systems, and other items typically excluded from property insurance coverage and excluding <br />signage exclusively serving any of the Condominiums; and <br />(ii) Units. The building structural components situated within the Unit, including load <br />bearing walls; columns; shafts and beams; roof; foundation; exterior windows and doors; the building’s life <br />safety system Improvements; any utility Improvements that serve more than one Condominium; and <br />directional and safety signage. All other fixtures, furnishings, equipment and personal property located <br />within the Unit are to be insured by the Owner as described in Section 7.1.In addition, an Owner may add <br />additional Improvements, such as tenant Improvements, to the Improvements covered under the <br />Association policy with Approval by the Owners. <br />7.3.2 Covered Cause of Loss. The policy shall provide coverage for property insurance, <br />insuring against the risks of direct physical loss, as insured under Insurance Services Office Causes of <br />Loss – Special Form (CP 1030) or its equivalent. <br />7.3.3 Dollar Limit. The dollar limit of the policy shall not be less than the full insurable <br />replacement value of the covered property described in Section 7.3.1 above based in insurance industry <br />standards for determination of replacement costs, provided that there may be lower dollar limits for specified <br />items as is customarily provided in property insurance policies. <br />7.3.4 Primary. The policy shall be primary and noncontributing with any other insurance <br />policy covering the same loss. <br />7.3.5 Endorsements. The policy shall contain such endorsements as the Association in <br />its discretion shall elect after consultation with a qualified insurance consultant. <br />7.3.6 Waiver of Subrogation. The Association waives all subrogation rights against any <br />Owner or Occupant and their family members and invitees except to the extent of any deductible. The <br />policy shall include an acknowledgment of the Association’s right to waive all subrogation rights against the <br />Owner. <br />7.3.7 Deductible. Except as otherwise provided by the Association in writing, when a <br />claim is made on the Association’s property insurance policy, an Owner is responsible for payment of the <br />deductible in circumstances: (i) where damage is caused by the fault of the Owner or the Owner’s <br />Occupants or their Permittees; and/or (ii) where damage is caused primarily by the failure of an <br />Improvement within the Unit that the Owner is responsible for maintaining. If neither of the foregoing applies <br />as determined by the Association, the Association shall pay the deductible. The Association may levy a <br />reimbursement assessment against an Owner’s Condominium as authorized under Section 6.5 to collect <br />the deductible from the Owner as authorized herein. <br />7.4 Insurance Rating and Cancellation. The insurance company providing the Association’s <br />insurance under Sections 7.1 and 7.3 shall have an A.M. Best rating of not less than A:VII if licensed to do <br />business in the State of California and a rating of not less than A:X if not licensed to do business in the <br />State of California, provided that if the Association determines that insurance from insurance companies <br />with the required ratings is not available at commercially reasonable rates, the Association may reduce the <br />rating requirements after consultation with a qualified insurance consultant. If the A.M. Best ratings are no <br />longer available, the insurance ratings shall be based on equivalent ratings issued by an independent <br />insurer company rating entity used by financial institutions for insurance rating purposes. <br />7.5 Association’s Authority to Revise Insurance Coverage. Subject to the provisions of <br />Section 7.7, the Association shall have the power and right to deviate from the insurance requirements <br />contained in this Article 7 in any manner that the Association, in its discretion, considers to be in its best
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