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AgdaPkt 2021.02.08 Joint SA PFA
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AgdaPkt 2021.02.08 Joint SA PFA
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Last modified
2/11/2021 4:35:44 PM
Creation date
2/4/2021 4:26:17 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
2/8/2021
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6.B. - Page 35 of 113 <br />coverage required hereunder pertaining to such coverage. Prior to commencement of Project <br />construction, Developer shall furnish City with certificates of insurance in form acceptable to City <br />evidencing the insurance coverage required under paragraph (d) above together with duly executed <br />endorsements evidencing the City' s status as lender's loss payee. Prior to City's issuance of a final <br />certificate of occupancy or equivalent for the Project, Developer shall furnish City with certificates <br />of insurance in form acceptable to City evidencing the insurance coverage required under paragraph <br />(f) above with a duly executed endorsement evidencing City's status as lender's loss payee. All <br />insurance certificates shall contain a statement of obligation on the part of the carrier to notify City <br />of any material adverse change, cancellation, termination or non- renewal of the coverage at least <br />thirty (30) days in advance of the effective date of any such material adverse change, cancellation, <br />termination or non -renewal. Upon City's request, Developer shall, within thirty (30) days of the <br />request, provide or arrange for the insurer to provide to City, complete certified copies of all <br />insurance policies required under this Agreement. City's failure to make such request shall not <br />constitute a waiver of the right to require delivery of the policies in the future. <br />(i) Additional Insured Endorsements. The additional insured endorsements for the <br />general liability coverage shall use Insurance Services Office (ISO) Form No. CG 20 09 11 85 <br />or CG 20 10 11 85, or equivalent, including (if used together) CG 2010 10 01 and CG 2037 10 <br />01; but shall not use the following forms: CG 20 10 10 93 or 03 94. Upon request by City' s <br />Risk Manager, Developer shall provide or arrange for the insurer to provide certified copies of <br />the actual insurance policies or relevant portions thereof within thirty (30) days of the request. <br />0) Reinstatement. If any insurance policy or coverage required hereunder is canceled or <br />reduced, Developer shall, within five (5) days after receipt of notice of such cancellation or <br />reduction in coverage, but in no event later than the effective date of cancellation or reduction, <br />file with City a certificate showing that the required insurance has been reinstated or provided <br />through another insurance company or companies. Upon failure to so file such certificate, City <br />may, without further notice and at its option, procure such insurance coverage at Developer' s <br />expense, and Developer shall promptly reimburse City for such expense upon receipt of billing <br />from City. Developer shall require all persons and entities that are required to provide <br />professional liability/E&O coverage pursuant to paragraph (e) above to use best efforts to <br />reinstate the required coverage limits in the event coverage under such policies is reduced. <br />(k) Primary Coverage, Waiver of Subrogation; Annual Aggregate Limits. All <br />coverage shall be primary insurance and shall not be contributing with any insurance, or self- <br />insurance maintained by City, and the policies shall so provide. Each insurance policy shall <br />contain a waiver of subrogation for the benefit of the City. With the exception of E&O policies, <br />if any of the required insurance is provided under a form of coverage that includes an annual <br />aggregate limit or provides that claims investigation or legal defense costs are included in such <br />annual aggregate limit, such annual aggregate limit shall be three times the occurrence limits <br />specified above. <br />(1) Deductibles/Retentions. Any deductibles or self-insured retentions shall be <br />declared to, and shall be subject to approval by the City's Risk Manager. At the option of and <br />upon request by the City's Risk Manager if the Risk Manager determines that such deductibles or <br />retentions are unreasonably high, either the insurer shall reduce or eliminate such deductibles or <br />self-insurance retentions as respects the Indemnitees or Developer shall procure a bond <br />REV: 01-22-21 PR <br />M <br />ATTY/AGR.2020.305/Habitat for Humanity Greater San Francisco (Grant Agreement w/ Exhibits) (Page 31 of 109) <br />
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