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Packet 20230620
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10N ATS Review
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Last modified
10/6/2025 10:56:34 AM
Creation date
6/23/2023 3:34:21 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/20/2023
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PERM
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Reso 23-080 Building Futures Rehab Phase 2
(Amended)
Path:
\City Clerk\City Council\Resolutions\2023
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<br /> <br />ARPA and CDBG Loan Agreement 7/1/2023 <br />Between City of San Leandro and Exhibit D <br />Building Futures with Women and Children Page 1 of 4 <br /> <br />EXHIBIT D <br /> <br />INSURANCE REQUIREMENTS <br /> <br />Unless City agrees otherwise in writing, Borrower shall, at Borrower’s sole cost and expense, throughout <br />the term of the ARPA and CDBG Note. Capitalized terms used without definition in this Exhibit D shall <br />have the meaning ascribed to such terms in the Loan Agreement of which this Exhibit D is a part. <br />A. Property Insurance. Insurance for the risks of direct physical loss, naming City as loss payee as its <br />interests may appear, with minimum coverage being the perils insured under the standard Causes of Loss - <br />Special form (ISO Form CP 10 30) or its equivalent, covering all Improvements, all fixtures and equipment <br />located on or in, or constituting a part of, the Property, in an amount equal to one hundred percent (100%) <br />of the full replacement cost of all such property. The insurance shall (a) cover explosion of steam and <br />pressure boilers and similar apparatus, if any, located on the Property, and (b) cover floods if the Property <br />is in a Special Hazard Area, as determined by the Federal Emergency Management Agency or as shown <br />on a National Flood Insurance Program flood map. The insurance required hereunder shall be in amounts <br />sufficient to prevent Borrower from becoming a co-insurer under the terms of the applicable policies, with <br />not more than a Ten Thousand Dollars ($10,000) deductible (or such higher deductible approved by the <br />City) from the loss payable for any casualty. The policies of insurance carried in accordance with this <br />Paragraph A shall contain a “replacement cost endorsement,” an “increased cost of construction <br />endorsement,” and an endorsement covering underground work, if applicable to the Project. <br /> <br />B. Liability Insurance. Commercial general liability insurance on an “occurrence basis” covering all <br />claims with respect to injury or damage to persons or property occurring on, in, or about the Property or the <br />Improvements. Commencing upon the Effective Date of the Loan Agreement and at all times prior to <br />repayment of all sums payable under the ARPA and CDBG Note, the limits of liability under this Paragraph <br />B shall be not less than One Million Dollars ($1,000,000) combined single limit per occurrence, with a <br />deductible no greater than Ten Thousand Dollars ($10,000) or such higher deductible as may be approved <br />by City. If an aggregate limit is used, either the general aggregate limit shall apply separately to the <br />Property or the general aggregate limit shall be twice the required occurrence limit. <br /> The insurance shall also include: <br />(i) coverage against liability for bodily injury or property damage arising out of the use, by or <br />on behalf of Borrower, of any owned, non-owned, leased or hired automotive equipment in the <br />conduct of any and all operations conducted in connection with the Project or the Property; <br />(ii) premises and completed operations including, without limitation, bodily injury, personal <br />injury, death or property damage occurring upon, in or about the Property or the Improvements on <br />any elevators or any escalators therein and on, in or about the adjoining sidewalks, streets and <br />passageways; <br />(iii) broad form property damage liability; <br />(iv) additional insured and primary insured endorsements protecting City and City and their <br />respective elected and appointed officials, officers, employees and agents; and
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