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Ord. 2547
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Ord. 2547
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Last modified
6/10/2025 11:37:54 AM
Creation date
6/10/2025 11:35:15 AM
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CC Index
CC Index - Document Type
Ordinance
Meeting Type
Regular
Date
5/12/2025
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completed operations aggregate. If a general aggregate limit applies, either the <br />general aggregate limit shall apply separately to this project/location, or the general <br />aggregate limit shall be twice the required occurrence limit. Developer’s general <br />liability policy(s) shall be primary and not seek contribution from the City’s <br />coverage or contain an endorsement granting primary and non-contributory <br />coverage. The policy(s) shall contain additional insured endorsements for ongoing <br />and completed operations using Insurance Services Office form CG 20 10 (or <br />equivalent) and form CG 20 37 (or equivalent) to provide that City and its officers, <br />officials, employees, and volunteers are additional insureds under such policy(s). <br />Any failure to comply with reporting provisions of the policies by Developer shall <br />not affect coverage provided the City. Coverage shall state that Developer <br />insurance shall apply separately to each insured against whom claim is made or suit <br />is brought, except with respect to the limits of the insurer’s liability. Coverage shall <br />contain a waiver of subrogation in favor of the City. <br />Business Automobile Liability with coverage for owned, non-owned, and hired <br />autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a <br />limit of no less than two million dollars ($2,000,000) per accident. Developer’s <br />automobile liability policy shall be primary and not seek contribution from the <br />City’s coverage or contain an endorsement granting primary and non-contributory <br />coverage. <br /> <br />The limits of liability for commercial general liability and automobile liability may <br />be provided through a combination of primary and excess or umbrella liability <br />policies. <br />Developer shall maintain statutory Workers’ Compensation Insurance and <br />Employer’s Liability Insurance with limits of at least one million dollars <br />($1,000,000). Developer shall submit to City, along with the certificate of <br />insurance, a waiver of subrogation endorsement in favor of City, its officers, <br />officials, employees, and volunteers. Proof of Worker’s Compensation is not <br />required if Consultant provides written verification that they have no employees. <br />Developer’s insurance shall be placed with insurers with a current A.M. Best rating <br />of no less than A-: VII or a rating otherwise approved by the City in its sole <br />discretion. Developer shall furnish at City’s request appropriate certificate(s) of <br />insurance, including all required endorsements, evidencing the coverage required <br />of Developer hereunder. The certificate of insurance shall contain a statement of <br />obligation on the part of each carrier to notify City of any material change, <br />cancellation or termination of the coverage at least thirty (30) days in advance of <br />the effective date of any such material change, cancellation or termination (or ten <br />(10) days advance notice in the case of cancellation for nonpayment of premiums) <br />where the insurance carrier provides such notice to the Developer. If such a <br />notification obligation is not available from the insurance carrier, the Developer <br />will notify the City in writing of any imminent cancellation, or material change in <br />coverage within three (3) business days. Liability coverage provided hereunder by <br />Developer shall be primary insurance and shall not be contributing with any <br />ATTY/ORD.0002/CC ORD APPROVING DEVELOPMENT AGREEMENT (901 EL CAMINO REAL) - EXHIBIT A <br />REV: 04-23-25 VR <br /> <br />Page 45 of 336
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