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<br />enforcement evidencing such additional insured status (the City's preferred Additional
<br />Insured Endorsement is attached hereto as Exhibit J). 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 />
<br />907. Builders Risk Insurance. The Developer shall be responsible to cover the
<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 />
<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 />
<br />909. Developer Indemnity.
<br />
<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 />
<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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