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18.2 Developer's obligations under this Section 18 are not conditioned or dependent <br /> upon whether any City Parties prepared, supplied or reviewed any Improvement Plans or related <br /> specifications in connection with the Subdivision or the Improvements, or whether the City has <br /> insurance or other indemnification covering any of these matters. <br /> 18.3 Developer's obligation to indemnify, hold harmless and defend the City Parties <br /> shall extend to injuries to persons and damages to or alleged taking of property resulting from the <br /> design or construction of the Subdivision, and the Improvements required herein, and shall <br /> likewise extend to adjacent property owners asserting claims based upon the diversion of waters <br /> caused by the Developer's design or construction of public drainage systems, streets, and other <br /> public facilities or Improvements. The City's acceptance of the Improvements shall not constitute <br /> an assumption by the City of any responsibility or liability for any damage or alleged taking of <br /> property referenced herein. City shall not be responsible or liable for the design or construction <br /> of the Subdivision or the Improvements constructed or installed pursuant to the approved <br /> Improvements Plans or the Final Map. After City's acceptance of the Improvements, the <br /> Developer shall remain obligated to correct or eliminate all dangerous conditions created by <br /> defects in design or construction; provided, however, that the Developer shall not be responsible <br /> for routine maintenance. Developer's obligations hereunder shall remain in effect for ten (10) <br /> years following acceptance of the Improvements by the City Council. Developer acknowledges <br /> and agrees that Developer shall be responsible and liable for the design and construction of the <br /> Improvements and other work done pursuant to this Agreement, and City shall not be liable for <br /> any acts or omissions in approving, reviewing, checking, correcting or modifying any <br /> Improvement Plans or related specifications, or in inspecting, reviewing or approving any work <br /> or construction of Improvements. The Developer's improvement security shall not be required to <br /> secure the Developers obligations under this Subsection 18.3 beyond the one-year guarantee and <br /> warranty period. If, in any judicial proceedings involving statutory immunity under the Tort <br /> Claims Act (Government Code 810, et seq.) asserted by the City, or its officers, agents or <br /> employees, is determined by a court of competent jurisdiction to be inapplicable or unavailable to <br /> immunize the City, or its officers, agents or employees, from potential liability for any alleged <br /> acts or omissions under this Subsection 18.3, then such rights or obligations of indemnity <br /> hereunder shall be governed by principles of comparative fault. <br /> 19. Insurance. <br /> 19. 1 Developer shall, before the release of said Final Map by City for recordation, <br /> obtain and maintain in full force and effect during the term of this Agreement, at Developer's <br /> own expense and risk, Worker's Compensation, a general comprehensive liability insurance <br /> policy, and owned, non-owned, and hired automobile liability insurance. The minimum amounts <br /> of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as <br /> follows: <br /> Insurance Category Minimum Limits <br /> Workers' Compensation Statutory minimum. <br /> Employer's Liability $1 ,000,000.00 per accident for bodily injury or disease. <br /> Commercial General Liability $1,000,000.00 per occurrence, $2,000,000.00 aggregate for <br /> bodily injury, personal injury and property damage. <br /> ATTY/AGRl2015.107/GREYSTAR - 103 WILSON - IA WITH TIF CREDIT Page 9 of 27 <br /> REV: 05-28-15 VR <br />