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reviewed any Improvement Plans or related specifications in connection with the Subdivision or <br />the Improvements, or whether the City has insurance or other indemnification covering any of <br />these matters. <br />183 Developer's obligation to indemnify, hold harmless and defend the City shall <br />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 <br />Government Claims Act (Government Code Sections 810, et seq.) asserted by the City, or its <br />officers, agents or employees, is determined by a court of competent jurisdiction to be <br />inapplicable or unavailable to immunize the City, or its officers, agents or employees, from <br />potential liability for any alleged acts or omissions under this Subsection 18.3, then such rights or <br />obligations of indemnity hereunder shall be governed by principles of comparative fault. <br />19. Insurance. <br />191 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 Cateeory <br />Workers' Compensation <br />Employer's Liability <br />Commercial General Liability <br />REV: 04-06-17 PR <br />Minimum Limits <br />Statutory minimum. <br />$1,000,000.00 per accident for bodily injury or disease. <br />$1,000,000.00 per occurrence, $2,000,000.00 aggregate for <br />bodily injury, personal injury and property damage. <br />Page 10 of 29 <br />ATTY/AGR.2017.073/Stanford - Subdivision Improvement Agreement <br />