Laserfiche WebLink
assumption by City of any responsibility or liability for any damage or alleged taking <br />of property referenced herein. City will not be responsible or liable for the design <br />or construction of the Project or the Improvements constructed or installed <br />pursuant to the approved Improvements Plans or the Final Map. After City's <br />acceptance of the Improvements, Developer will remain obligated to correct or <br />eliminate all dangerous conditions created by defects in design or construction; <br />provided, however, that Developer will not be responsible for routine maintenance <br />after the City's acceptance of the Improvements. Developer's obligations under <br />this Section 18 will remain in effect for ten (10) years following acceptance of the <br />Improvements by the City Council. Developer acknowledges and agrees that <br />Developer will be responsible and liable for the design and construction of the <br />Improvements and other work done pursuant to this Agreement, and City will not <br />be liable for any acts or omissions in approving, reviewing, checking, correcting or <br />modifying any Improvement Plans or related specifications, or in inspecting, <br />reviewing or approving any work or construction of Improvements. The <br />Developer's improvement security will not be required to secure Developer's <br />obligations under this Section 18 beyond the one-year guarantee and warranty <br />period. If, in any judicial proceedings involving statutory immunity under the <br />Government Claims Act (Government Code Sections 810, et seq.) asserted by <br />City, or its officers, agents or employees, the Government Claims Act is <br />determined by a court of competent jurisdiction to be inapplicable or unavailable <br />to immunize City, or its officers, agents or employees, from potential liability for <br />any alleged acts or omissions under this Section 18, then such rights or obligations <br />of indemnity hereunder will be governed by principles of comparative fault. This <br />Section 18 will survive the early termination of this Agreement. <br />19. Insurance. Developer will, before the release of said Final Map by City for <br />recordation, obtain and maintain in full force and effect during the term of this Agreement <br />the following insurance policies: <br />19.1 General Liabilit . Developer shall maintain commercial general <br />liability insurance with coverage at least as broad as Insurance Services Office <br />form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000) per <br />occurrence, Four Million Dollars ($4,000,000) general aggregate, for bodily injury, <br />personal injury, and property damage, including without limitation, blanket <br />contractual liability and coverage for explosion, collapse and underground property <br />damage hazards. Developer's general liability policies shall be primary and non- <br />contributory, and be endorsed using Insurance Services Office form CG 20 10 to <br />provide that City and its officers, officials, employees, and agents shall be <br />additional insureds under such policies. For construction contracts, an <br />endorsement providing completed operations to the additional insured, ISO form <br />CG 20 37, is also required. <br />19.2 Workers' Compensation. If applicable, Developer shall maintain <br />Workers' Compensation Insurance (Statutory Limits) and Employer's Liability <br />Insurance with limits of at least One Million Dollars ($1,000,000). Developer shall <br />REV: 04-07-2022 SK <br />ATTY/AGR.2022.063/South Main SIA (Page 11 of 26) <br />