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CC PACKET 06122012
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CC PACKET 06122012
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City Code Chapter Amendment
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Me <br />must obtain and continuously maintain, provided that the Developer shall obtain the insurance <br />described in clause (i) below prior to the commencement of construction of the Development <br />(excluding excavation and footings): <br />(a) Builder's risk insurance, written on the so-called `Builder's Risk— <br />Completed Value Basis," in an amount equal to one hundred percent (100%) of the <br />insurable value of the Development at the date of completion, and with coverage <br />available in non -reporting form on the so-called "all risk" form of policy. <br />(b) Comprehensive general liability insurance (including operations, <br />contingent liability, operations of subcontractors, completed operations and contractual <br />liability insurance) together with an Owner's/Contractor's Policy with limits against <br />bodily injury and property damage of not less than $2,500,000 for each occurrence (to <br />accomplish the above -required limits, an umbrella excess liability policy may be used), <br />written on an occurrence basis. <br />(c) Workers compensation insurance, with statutory coverage. <br />(b) All insurance required in this Article shall be obtained and continuously <br />maintained in responsible insurance companies selected by the Developer or its successors that <br />are authorized under the laws of the State to assume the risks covered by such policies. Unless <br />otherwise provided in this Article, each policy must contain a provision that the insurer will not <br />cancel nor modify the policy without giving written notice to the insured at least thirty (30) days <br />before the cancellation or modification becomes effective. Not less than fifteen (15) days prior <br />to the expiration of any policy, the Developer, or its successor or assign, must renew the existing <br />policy or replace the policy with another policy conforming to the provisions of this Article. In <br />lieu of separate policies, the Developer or its successor or assign, may maintain a single policy, <br />blanket or umbrella policies, or a combination thereof, having the coverage required herein. <br />(c) The Developer, its successor or assign, agrees to notify the Authority promptly in <br />the case of damage exceeding $250,000 in amount to, or destruction of the Development or any <br />portion or Element thereof resulting from fire or other casualty. <br />If rebuilding of the Development occurs through the use of insurance or other proceeds, <br />the Developer, its successors or assigns, agrees to repair, reconstruct and restore the <br />Development to substantially the same or an improved condition or value as it existed prior to <br />the event causing such damage and in a manner consistent with the Design Drawings, unless the <br />Authority consents to revisions, which consent will not be unreasonably withheld. <br />ARTICLE XII <br />TRANSFER LIMITATIONS AND INDEMNIFICATION <br />Section 12.1 Representation as to Development. The Developer represents to the <br />Authority that its purchase of the Development Property, and its other undertakings under this <br />Agreement, are for the purpose of developing a rental housing development, and not for the <br />purpose of speculation in land holding. The Developer acknowledges that, in view of the <br />importance of the development of the Development Property to the general welfare of the <br />25 <br />
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