RecDoc 2022-044650 CONF South Main Mixed-Use Project

Browse Search

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