Laserfiche WebLink
6.1. F. - Page 34 <br /> Improvemer�ts constructed or instafled pursuant to the approved fmpra�ements Pfar�s or <br /> the Final Map, unless the particular Improvement design was required by the City over <br /> the Written Objection of the Ow�ter, which objection stated that t�e Impro�err�ent design <br /> was poter�tially dangerous or defecti�e and set forth ar� alter�ati�e cfesign. Aft�r City's <br /> aceeptance af t�e Ir�pro�ements, the Owner shall remair� obligated to correct or <br /> eiiminate all dangerous conditions created by c{efects in desigr� ar constructior�, <br /> pro�ided, �owe�er, that the Owner shail not be responsi��e for routine maintenance. <br /> Owrter's obfigations hereur�der shall remain in effect for ten (10} years following <br /> acceptance of the Impro�ements by t�e City Council. Owner acknowledges and agrees <br /> that Ovuner shall be responsible a�d liable for the design and canstructior� of the <br /> Impro�ements and other work done pursuant to this Agreement, and City shall not be <br /> liable for any acts or omissions in appro�ing, reviewing, checking, correcting or <br /> modifying any Improvement Plans or related specificatior�s, or in inspecting, reviewing <br /> or appro�ing ar�y work or constructian of Impro�ements. The �wner's impra�emen� <br /> security shall r�ot be required to secure the Owners obligations under this subparagraph <br /> C beyond the one-year g�arantee and warranty period. If, in a�y judicial proceedings <br /> in�o[�ing statutory immunity under the Tort Cfaims Act (Go�ernmer�t Code 810, et seq.) <br /> asserted by the City, or its affic�rs, ag�nts ar employees, is deterrriined by a court of <br /> campetent jurisdiction to be inapplicable or ur�a�ai[able to immunize the City, ar its <br /> afficers, agents ar employees, from potential liability for any allege� acts or omissions <br /> under fhis Section 4.C, then such rights or obligations of indemnity hereunder shall be <br /> go�erned by principles of comparati�e fau{t. <br /> 5. INSURANCE Owner shall, before the release of said final map by City for <br /> recordation, obtain and maintair� in full force an� effect during ti�e term of this <br /> Agreeme�t, at Owner's awn exper�se and risk, Worker's Compensation, a general <br /> comprehensi�e liabi[ity insurar�ce policy, and awned, r�on-owned, and hired automobile <br /> liability insurance. The minimum amaunts of coverage corresponding to fhe afor�said <br /> categories of insurance per i�surable e�ent shall be as follows: <br /> Ins�rance Ca'tegorv Minimum L'tmits <br /> Workers` Com ensation Statuto rnin�mum. <br /> Employer`s �.iability $1,000,000.00 per accident for <br /> bodil in'u or disease. <br /> Commercial Ge�erai Liability $1,OD0,000.00 per occurrence, $2 <br /> aggregate for <br /> �o�ily injury, personal ir�jury ar�d <br /> pro ert c�amage. <br /> Automobile Liability $2,000,000.00 per occurrence for <br /> bodily injury and prope�ty <br /> damage (co�erage ret�uired to the <br /> extent applicable to Contractor's <br /> uehicle usage in �erforming wark <br /> hereunder . ! <br /> Ar�y deductibles or self insured retentions must be decfared to, and approved by '� <br /> City, At the o�tion vf City either Owr�er`s insurer shall reduce or eliminate the <br /> ATTY/AGR120'i1.'[341KENTFIELD 5llBDIVISfON <br /> REV:12ID111'f Page 5 of 8 <br />