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80A - AGMT WITH HABITAT FOR HUMANITY
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80A - AGMT WITH HABITAT FOR HUMANITY
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11/12/2020 5:24:15 PM
Creation date
11/12/2020 3:26:25 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
11/17/2020
Destruction Year
2025
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insurance proceeds, and (iii) the proceeds of any rental loss or business interruption insurance <br />applicable prior to the date of surrender of the Premises to the Lessor. <br />ARTICLE VIII <br />INSURANCE AND INDEMNITY <br />8.1 Insurance. Prior to sale of the home and Developer assignment of the Tenant <br />interest in the Lease to the home purchaser, Developer shall maintain the insurance required by <br />the Inclusionary Grant Agreement. Thereafter, following assignment of the Lease by Developer <br />to the home purchaser, to protect the Lessor against any and all claims and liability for death, <br />injury, loss and damage resulting from the Tenant's actions in connection with this Lease and the <br />Premises, the Tenant shall, at the Tenant's sole cost and expense, throughout the term of the Lease <br />of the Premises, maintain the following insurance (or its then reasonably available equivalent), as <br />applicable: (a) Liability Insurance in amounts reasonably required by City from time to time, and <br />in no event less than $300,000 for "single occurrence'; (b) Property Insurance in amounts <br />reasonably required by Lessor from time to time, and in no event less than $700,000; (c) Builder's <br />Risk Insurance (during construction of Improvements only); and (d) Worker's Compensation <br />Insurance (during construction of Improvements only). Additionally, the Tenant, to protect the <br />Lessor, shall cause its contractors and subcontractors, at their sole cost and expense, to maintain <br />Contractor's Insurance until issuance of a Certificate of Completion for the Project. <br />8.1.1 Nature of Insurance. All Liability Insurance, Property Insurance, Automobile <br />Liability Insurance and Contractor's Insurance policies this Lease requires shall be issued by <br />carriers that: (a) are listed in the then current `Best's Key Rating Guide Property/Casualty <br />United States & Canada" publication (or its equivalent, if such publication ceases to be published) <br />with a minimum financial strength rating of "A" and a minimum financial size category of "VII'; <br />and (b) are admitted to do business in the State of California by the California Department of <br />Insurance. The Tenant may provide any insurance under a "blanket" or "umbrella" insurance <br />policy, provided that (i) such policy or a certificate of such policy shall specify the amount(s) of <br />the total insurance allocated to the Premises, which amount(s) shall equal or exceed the amount(s) <br />required by this Lease and shall not be reduced for claims made for other properties; and (ii) such <br />policy otherwise complies with this Lease. <br />8.1.2 Policy Requirements and Endorsements. All insurance policies this Lease <br />requires shall contain (by endorsement or otherwise) the following provisions: <br />(a) Insured. Liability Insurance, Automobile Liability Insurance and <br />Contractor's Insurance policies shall name the Lessor as "additional insured." The coverage <br />afforded to the Lessor shall be at least as broad as that afforded to the Tenant and may not contain <br />any terns, conditions, exclusions, or limitations applicable to the Lessor that do not apply to the <br />Tenant. <br />Page 117 <br />
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