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5G Consent
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3/21/2024 5:56:02 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
10/16/2023
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<br />17 <br />included in the standard “all risk” form in general use in Alameda County, California, with the <br />standard form fire insurance coverage in an amount equal to full actual replacement cost thereof, <br />as the same may change from time to time. The above insurance policy or policies shall include <br />coverage for earthquakes to the extent generally and commercially available at commercially <br />reasonable rates, if such insurance is generally obtained for affordable multifamily housing <br />projects in Alameda County. Lessor shall be a loss payee under such policy or policies and such <br />insurance shall contain a replacement cost endorsement. <br />Section 8.2 Insurance Policies and Premiums. <br />(a) All liability policies required by this Ground Lease shall be written on an <br />occurrence basis, and shall name the Indemnitees as additional insureds. Duplicate copies of <br />such policies or certificates of such insurance shall be promptly furnished to Lessor. <br />(b) All policies of insurance shall include an endorsement that provides that <br />notice of any change or cancellation of said policy must be made in writing and sent to Lessee <br />and Lessor at their respective principal offices at least thirty (30) days before the effective date of <br />change or cancellation. <br />(c) Companies writing the insurance required hereunder shall be approved to <br />do business in the State of California. Insurance shall be placed with insurers with a current <br />A.M. Best’s rating of no less than A: VII. The Commercial General Liability policies required <br />hereunder shall name the Indemnitees as additional insureds. Builder’s Risk and property <br />insurance shall name Lessor as loss payee. <br />(d) If any insurance policy or coverage required hereunder is canceled or <br />reduced, Lessee shall, within thirty (30) days after receipt of notice of such cancellation or <br />reduction in coverage, but in no event later than the effective date of cancellation or reduction, <br />file with Lessor a certificate showing that the required insurance has been reinstated or provided <br />through another insurance company or companies. Upon failure to so file such certificate, <br />Lessor may, with notice and at its option, procure such insurance coverage at Lessee's expense, <br />and Lessee shall promptly reimburse Lessor for such expense upon receipt of billing from <br />Lessor. <br />(e) Coverage provided by Lessee shall be primary insurance and shall not be <br />contributing with any insurance, or self-insurance maintained by Lessor, and the policies shall so <br />provide. The insurance policies shall contain a waiver of subrogation for the benefit of the <br />Lessor. Lessee shall furnish the required certificates and endorsements to Lessor prior to the <br />commencement of rehabilitation or construction work on the Project and shall provide Lessor <br />with certified copies of the required insurance policies upon request of Lessor. <br />(f) Any deductibles or self-insured retentions shall be declared to, and be <br />subject to approval by, Lessor's Risk Manager. At the option of and upon request by Lessor's <br />Risk Manager if the Risk Manager determines that such deductibles or retentions are <br />unreasonably high, either the insurer shall reduce or eliminate such deductibles or self-insurance <br />retentions as respects the Indemnitees or Lessee shall procure a bond guaranteeing payment of <br />losses and related investigations, claims administration and defense expenses. DRAFT
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