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enforcement evidencing such additional insured status (the City's preferred Additional
<br /> Insured Endorsement is attached hereto as Exhibit I). The certificate and endorsement by
<br /> the insurance carrier shall contain a statement of obligation on the part of the carrier to
<br /> notify City of any material change, cancellation or termination of the coverage at least
<br /> thirty (30) days in advance of the effective date of any such material change, cancellation
<br /> or termination. Coverage provided hereunder by the Developer shall be primary
<br /> insurance and not be contributing with any insurance maintained by the City, and the
<br /> policy shall contain such an endorsement. The insurance policy or the endorsement shall
<br /> contain a waiver of subrogation for the benefit of the City. The required certificate shall
<br /> be furnished by the Developer at the time this Agreement is executed. Certificates
<br /> verifying such coverage has been extended to the City of Santa Ana must be furnished to
<br /> the City of Santa Ana City Attorney's Office (M-29), 20 Civic Center Plaza, Santa Ana,
<br /> CA 92701 prior to the commencement of work hereunder.
<br /> 907. Builders Risk Insurance. The Developer shall be responsible to cover the
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<br /> properties during the course of rehabilitation. It is recommended that such insurance provide
<br /> coverage on an all risk basis, including theft and vandalism, for accidental losses, damage or
<br /> destruction of the Property until each home is sold.
<br /> 908. Right of Access. For purposes of assuring compliance with this Agreement,
<br /> representatives of the City shall have the right of access to the properties, without charges or
<br /> fees, at normal construction hours during the period of construction for the purposes of this
<br /> Agreement, including but not limited to, the inspection of the work being performed in
<br /> rehabilitating the improvements so long as City representatives comply with all safety rules. The
<br /> City (or its representatives) shall, except in emergency situations, notify the Developer prior to
<br /> exercising its right pursuant to this section.
<br /> 909. Developer Indemnity.
<br /> Developer shall indemnify, defend and hold harmless City, its officers, agents, employees and
<br /> volunteers from and against any and all loss or damage, expenses, injuries, death to any person,
<br /> damage to real or personal property, claim, demand, suit, action, judgment, settlement,
<br /> reasonable attorney's fees, costs, or proceeding of any kind arising out of this Agreement,
<br /> implementation of this Agreement, the sale of the property by Developer, securing of financing,
<br /> design development drawings, engineering, construction, reconstruction, structural integrity of
<br /> the NSP Assisted Units, maintenance of the properties, operation, and subsequent sale of the
<br /> NSP Assisted Units, including but not limited to:
<br /> (a) the presence, release, use, generation, discharge, storage or disposal of any hazardous
<br /> materials, on, under, in or about, or the transportation of any such hazardous materials to
<br /> or from, the NSP Assisted Units;
<br /> (b) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation,
<br /> permit, judgment or license relating to the use, generation, release, discharge, storage,
<br /> disposal or transportation of Hazardous Materials on, under, in or about, to or from, the
<br /> NSP Assisted Units;
<br /> (c) latent material defects in rehabilitation work;
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<br /> 25K-33
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