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5G Consent
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3/21/2024 5:55:01 PM
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9/19/2023 5:43:02 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/18/2023
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Form51.16 (Rev. 10/14) <br />Page 25 of 37 <br />property damage insurance, with such coverage and limits as specified in Section 1 or as <br />may be reasonably requested by Lessor from time to time, but in no event for less than the <br />sum(s) specified against any and all claims or liability arising out of the ownership, use, <br />occupancy, condition, or maintenance of the Lease Premises and all Improvements. <br /> <br />(b) The insurance policy shall identify the Lease by its assigned number. The specific <br />Improvements shall also be generally identified, as well as their location on city owned <br />property. The coverage provided shall be primary and non-contributing. Lessee shall <br />keep such policy current. Lessor shall be named as an “additional insured” on the policy. <br />The insurance policies shall waive all rights of subrogation against the City and its officers, <br />officials, employees, and volunteers for loss arising in connection with this Lease. Lessee <br />shall provide Lessor with a current certificate of insurance at all times. At Lessor’s request, <br />Lessee shall provide a full copy of the current insurance policy, along with any and all <br />endorsements or other such documents affecting the coverage. Lessor will not be <br />responsible for any premiums or other assessments on the policy. In the event that any <br />policy provided under this Lease includes a self-insured retention that includes a <br />requirement that such retention be paid by the named insured, such policy shall be <br />modified by endorsement to permit payment of the retention by additional insureds. <br /> <br />(c) The insurance coverage specified in this Lease shall be in effect at all times during the <br />Lease term and subsequently until Lessor has either accepted all of the Lease Premises as <br />improved or restored by Lessee as provided elsewhere in this Lease. Lessee shall notify <br />Lessor within five (5) business days if the insurance is canceled for any reason. <br /> <br />(d) Notwithstanding the Insurance Amounts specified in Section 1 “Basic Provisions,” <br />Lessor may, at its option, elect to establish new Insurance Requirements no more <br />frequently than every five (5) years during the term of this Lease. Lessor shall provide <br />notice to Lessee in writing of such increased insurance amounts and Lessee shall have six <br />(6) months to provide Lessor with confirmation that such increased insurance coverage <br />has been obtained. In the event that Lessee is unable to obtain the required increased <br />insurance, Lessee shall provide evidence acceptable to Lessor that such insurance <br />amounts are not commercially available. If Lessee fails to obtain increased insurance <br />amounts and fails to provide Lessor with evidence acceptable to Lessor that such <br />increased insurance coverage is not commercially available, then Lessor may elect to <br />terminate this Lease upon thirty (30) days’ notice. <br /> <br />10. SURETY BOND <br />(a) When required by Section 1 of this Lease, Lessee shall provide a surety bond or other <br />security device acceptable to Lessor, for the specified amount, and naming the City of <br />San Leandro as the assured, to guarantee to Lessor the faithful observance and <br />performance by Lessee of all of the terms, covenants, and conditions of this Lease.
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