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25B - AGMT - CDBG HOUSING LOAN
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25B - AGMT - CDBG HOUSING LOAN
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Last modified
1/28/2016 4:31:05 PM
Creation date
1/28/2016 3:47:48 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25B
Date
2/2/2016
Destruction Year
2021
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(c) upon commencement of the construction and at all times prior to <br />completion of the construction, builder's risk -all risk insurance covering 100% of the <br />replacement cost of all Improvements (including offsite materials) during the course of <br />construction in the event of fire, lightning, windstorm, vandalism, earthquake, malicious <br />mischief and all other risks normally covered by "all risk" coverage policies in the area where the <br />Property is located (including loss by flood if the Property is in an area designated as subject to <br />the danger of flood); <br />(d) public liability insurance in amounts reasonably required by City <br />from time to time, and in no event less than $1,000,000 for "single occurrence;" <br />(e) property damage insurance in amounts reasonably required by the <br />City from time to time, and in no event less than $1,000,000; and <br />(f) any other insurance reasonably required by City. <br />All such insurance shall provide that it may not be canceled or materially modified without thirty <br />(30) days prior written notice to City. The policies required under subparagraphs (b) and (c) shall <br />include a "lender's loss payable endorsement" in form and substance satisfactory to City, <br />showing the City as encumbrance. The City shall be named as an additional insured in the <br />policies required under subparagraphs (d) and (e). Certificates of insurance for the above policies <br />(and /or original policies, if required by City) shall be primary and delivered within ten (10) days <br />after demand therefore, and prior to start of any construction work. All policies insuring against <br />damage to the Improvements shall contain an agreed value clause sufficient to eliminate any risk <br />of co- insurance. No less than thirty (30) days prior to the expiration of each policy, Developer <br />shall deliver to City evidence of renewal or replacement of such policy reasonably satisfactory to <br />the City Attorney. <br />19.2 City Attorney May Modify, The City Attorney may modify the type and <br />amounts of insurance required pursuant to this Section. <br />19.3 Claims and Proceedines. Developer shall give City immediate notice <br />of any material casualty to any portion of the Property, whether or not covered by insurance, and <br />of the initiation or threatened initiation of any proceeding for the condemnation or other taking <br />for public or quasi - public use of any portion of the Property (collectively, "Condemnation "), and <br />shall provide City with copies of all documents which pertain to any such casualty or <br />Condemnation. Developer shall take all action reasonably required by City in connection <br />therewith to protect the interests of Developer and /or City, and City shall be entitled (without <br />regard to the adequacy of its security) to participate in any action, claim, adjustment or <br />proceeding and to be represented therein by counsel of its choice. Developer shall not settle, <br />adjust, or compromise any claim, action, adjustment or proceeding without prior written <br />approval, which approval shall not be unreasonably withheld or delayed. <br />19.4 Delivery of Proceeds to City. In the event that, notwithstanding the <br />33 <br />25B -39 <br />
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