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305.3 Provisions of Child Care Facilities. Upon issuance of a final certificate <br />of occupancy for the proposed approximately 3000 square foot conrimunity center to be located <br />within Phase =1, Developer will c ause rip to loon squ a re feet on uni proved space with n Such <br />community center to be available at no cost for a elrlld care facility at the Site (tire "Child Care <br />Facility"); provided, however, if a suitable day care provider is not identified withi six 6 <br />months of issuance of a final certificate of occupancy for the Child Care Facility, Developer's <br />obligations under this Section 305,3 shall teri irate. The Developer shall coordinate with the <br />Agency and community representatives designated by the Agency to identify a qualified day care <br />provider. Developer makes no representation or warranty that such space is fit for any purpose, <br />including, without limitation, the Child Care Facility. The Child Care Facility will be operated <br />by a care provider approved by Developer in its sole and absolute discretion pursuant to a lease <br />which will also be subject to Developer's approval in it is sole and absolute discretion. <br />Developer shall have no liability or obligation with respect to the identification of a provider or <br />for the services provided at the Child Care Facility. <br />305.4 Retail Space. The Developer will construct and offer commercial <br />ial <br />retail space within Phase R -1 to a tenant reasonably acceptable to Developer for rent at less than <br />market value so as to provide an opportUllity, first to residents of the Station District and second <br />to residents of the City, to provide neighborhood serving retail at affordable rents. <br />The Agency and community representatives designated by the Agency will assist in <br />coordinating Developer's efforts in this regard. In the event that the parties are unable to locate <br />such tenant within ninety 9 clays frorn the issuance of a temporary certificate of occupancy for <br />such retail space, then Developer is no longer obligated under• this Section 305.4. <br />306. Insurance Requirements. The Developer shall secure from a company or <br />companies licensed to conduct insurance business in the State of California, pay for, and <br />maintain in full force and effect froin and after the Closing for each Phase, and continuing for the <br />duration of Affordability Period (except as provided in Section 306.3 hereof), insurance as <br />required herein for such Phase, issued by an "ANN" or better rated insurance carrier as rated by <br />A.M. Best Company. The Developer shall ftirni h certificates of insurance and endorsements to <br />the Agency prior to the applicable Closing and shall furnish complete Copies of SLIch policy or <br />policies upon request by the Agency. <br />306.1 Mini nium Cov t•a a Endorsements. Notwithstanding any inconsistent <br />statement in the policy or any subsequent endorsement attached hereto, the protection afforded <br />by these policies shall be written on an occurrence basis in which the Agency, City, and their <br />respective elected and appointed officials, officers, employees, agents and representatives <br />(together, "Additional Insureds") are named as additional insureds on all coverage, except for <br />workers' compensation coverage, and shall: <br />(a) Name Additional Insureds from above) as additional insureds on a <br />Commercial General Liability "CGL" policy; <br />(b) Include an endorsement to the CGL policy naming .ire Additional <br />Insureds as additional insureds, and said endorsement shall be delivered to the Agency <br />Do 0 / I 400673v 3/200272 -0001 <br />