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Agmt11 Kentfield Pacific Place, LLC
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Agmt11 Kentfield Pacific Place, LLC
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Last modified
12/19/2011 10:09:17 AM
Creation date
12/19/2011 10:09:16 AM
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Agreement
Contractor Name
Kentfield Pacific Place, LLC
PROJECT NAME
Improvement of Kentfield Pacific Place
Date
12/19/2011
MO Ref
11-194
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Improvements constructed or installed pursuant to the approved Improvements Plans or <br /> the Final Map, unless the particular Improvement design was required by the City over <br /> the Written Objection of the Owner, which objection stated that the Improvement design <br /> was potentially dangerous or defective and set forth an alternative design. After City's <br /> acceptance of the Improvements, the Owner shall remain obligated to correct or <br /> eliminate all dangerous conditions created by defects in design or construction; <br /> provided, however, that the Owner shall not be responsible for routine maintenance. <br /> Owner's obligations hereunder shall remain in effect for ten (10) years following <br /> acceptance of the Improvements by the City Council. Owner acknowledges and agrees <br /> that Owner 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 <br /> liable for any acts or omissions in approving, reviewing, checking, correcting or <br /> modifying any Improvement Plans or related specifications, or in inspecting, reviewing <br /> or approving any work or construction of Improvements. The Owner's improvement <br /> security shall not be required to secure the Owners obligations under this subparagraph <br /> C beyond the one-year guarantee and warranty period. If, in any judicial proceedings <br /> involving statutory immunity under the Tort Claims Act (Government Code 810, et seq.) <br /> asserted by the City, or its officers, agents or employees, is determined by a court of <br /> competent jurisdiction to be inapplicable or unavailable to immunize the City, or its <br /> officers, agents or employees, from potential liability for any alleged acts or omissions <br /> under this Section 4.C, then such rights or obligations of indemnity hereunder shall be <br /> governed by principles of comparative fault. <br /> 5. INSURANCE Owner shall, 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 <br /> Agreement, at Owner's own expense and risk, Worker's Compensation, a general <br /> comprehensive liability insurance policy, and owned, non-owned, and hired automobile <br /> liability insurance. The minimum amounts of coverage corresponding to the aforesaid <br /> categories of insurance per insurable event shall be as follows: <br /> Insurance Cate o Minimum Limits <br /> Workers' Com ensation Statuto minimum. <br /> Employer's Liability $1,000,000.00 per accident for <br /> bodil in'u ordisease. <br /> Commercial General Liability $1,000,000.00 per occurrence, $2,000,000.00 <br /> aggregate for <br /> bodily injury, personal injury and <br /> ro e dama e. <br /> Automobile Liability $2,000,000.00 per occurrence for <br /> bodily injury and property <br /> damage (coverage required to the <br /> extent applicable to Contractor's <br /> vehicle usage in performing work <br /> hereunder. <br /> Any deductibles or self-insured retentions must be declared to, and approved by <br /> City: At the option of City either Owner's insurer shall reduce or eliminate the <br /> ATTY/AGR/2011.134/KENTFIELD SUBDIVISION <br /> REV:12/01/11 . Page 5 of 8 <br />
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