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to the approved Improvements Plans or the Parcel Map. After City's acceptance
<br />of the Improvements, Developer will remain obligated to correct or eliminate all
<br />dangerous conditions created by defects in design or construction; provided,
<br />however, that Developer will not be responsible for routine maintenance.
<br />Developer's obligations under this Section 15 will remain in effect for ten (10) years
<br />following acceptance of the Improvements by the City Council. Developer
<br />acknowledges and agrees that Developer will be responsible and liable for the
<br />design and construction of the Improvements and other work done pursuant to this
<br />Agreement, and City will not be liable for any acts or omissions in approving,
<br />reviewing, checking, correcting or modifying any Improvement Plans or related
<br />specifications, or in inspecting, reviewing or approving any work or construction of
<br />Improvements. The Developer's improvement security will not be required to
<br />secure Developer's obligations under this Section 15 beyond the one-year
<br />guarantee and warranty period. If, in any judicial proceedings involving statutory
<br />immunity under the Government Claims Act (Government Code Sections 810, et
<br />seq.) asserted by City, or its officers, agents or employees, is determined by a
<br />court of competent jurisdiction to be inapplicable or unavailable to immunize City,
<br />or its officers, agents or employees, from potential liability for any alleged acts or
<br />omissions under this Section 15, then such rights or obligations of indemnity
<br />hereunder will be governed by principles of comparative fault. This Section 15 will
<br />survive the early termination of this Agreement.
<br />16. Insurance. Developer will, before the release of said Parcel 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 />16.1 General Liability. Developer shall maintain commercial general liability
<br />insurance with coverage at least as broad as Insurance Services Office form CG
<br />00 01, in an amount not less than Two Million Dollars ($2,000,000) per occurrence,
<br />Four Million Dollars ($4,000,000) general aggregate, for bodily injury, personal
<br />injury, and property damage, including without limitation, blanket contractual
<br />liability and coverage for explosion, collapse and underground property damage
<br />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 />16.2 Workers' Compensation. Developer shall maintain Workers' Compensation
<br />Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at
<br />least One Million Dollars ($1,000,000). Developer shall submit to City, along with
<br />the certificate of insurance, a Waiver of Subrogation endorsement in favor of City,
<br />its officers, agents, employees, and volunteers.
<br />REV: 10-02-24 VR
<br />ATTY/AGR.2024.178/Redwood Crossing LLC (557 E Bayshore IA) (Page 9 of 24)
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