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Housing Consortium of the East Bay Ground Lease 20231030
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Housing Consortium of the East Bay Ground Lease 20231030
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11/13/2023 2:47:14 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
10/30/2023
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<br />23 <br />or entity (i) that possesses the experience and qualifications necessary for the proper <br />performance of Lessee’s obligations under this Ground Lease following completion of the <br />Project, and (ii) that possesses the financial resources typical of owners of similar projects. <br />Section 7.2 Permitted Transfer by Lessee. <br />(a) Notwithstanding the foregoing, Lessor consents to the following <br />("Permitted Transfers"): <br />(1) a transfer to an entity which is under the direct control of Lessee or <br />under common control with the Lessee, or in which Lessee is the sole member or partner of the <br />transferee entity, and that does not change management or operational control of Lessee or the <br />Project; <br />(2) the lease or license of the residential units consistent with this <br />Ground Lease, the Regulatory Agreement and the Project Homekey Agreement. <br /> <br />ARTICLE 8. <br />INSURANCE <br />Section 8.1 Required Insurance Coverage. Lessee shall during the Lease Term <br />maintain the following policies of insurance: <br />(a) Liability and Property Damage Insurance. During the Lease Term, <br />Lessee shall keep in full force and effect a policy or policies of comprehensive general liability <br />and property damage insurance against liability for bodily injury to or death of any person or <br />property damage arising out of an occurrence on or about the Leased Premises. The limits of <br />such insurance shall be not less than One Million Dollars ($1,000,000) combined single limit <br />each occurrence, Two Million Dollars ($2,000,000) annual aggregate, together with Three <br />Million Dollars ($3,000,000) excess liability coverage, or such other policy limits as Lessor may <br />require in its reasonable discretion, including coverage for bodily injury, property damage, <br />products, completed operations and contractual liability coverage. Such policy or policies shall <br />be written on an occurrence basis and shall name the Indemnitees as additional insureds. <br />(b) Workers' Compensation Insurance. Lessee shall carry or cause to be <br />carried workers' compensation insurance covering all persons employed in connection with the <br />Leased Premises and with respect to whom death, bodily injury, or sickness insurance claims <br />could be asserted against Lessor and/or Lessee. Lessee shall furnish or cause to be furnished to <br />Lessor evidence satisfactory to Lessor that Lessee and any contractor that has contracted for the <br />performance of work on the Leased Premises or otherwise pursuant to this Ground Lease carries <br />statutory Workers' Compensation insurance and Employer's Liability insurance in a minimum <br />amount of One Million Dollars ($1,000,000) per accident. <br />(c) Builders' Risk Insurance. Upon commencement of construction and <br />continuing until issuance of a temporary certificate of occupancy, or equivalent for the <br />Improvements, Lessee and all contractors working on behalf of Lessee shall maintain a policy of <br />builder's all-risk insurance in an amount not less than the full insurable cost of the Project on a <br />DocuSign Envelope ID: 6E2EA799-6D74-41E3-B3EE-3CD67DC0ACD0
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