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caused by the gross negligence or willful misconduct of the City or its agents or <br /> employees. <br /> B. Owner's obligations under this Section 4 are not conditioned or dependent <br /> upon the City, or its officers, agents and employees, whether the City prepared, <br /> supplied or reviewed any Improvement Plans or related specifications in connection with <br /> the Subdivision or the Improvements, or whether the City has insurance or other <br /> indemnification covering any of these matters. <br /> C. Owner's obligation to indemnify, hold harmless and defend the City shall <br /> extend to injuries to persons and damages to or alleged taking of property resulting from <br /> the design or construction of the Subdivision, and the Improvements required herein, <br /> and shall likewise extend to adjacent property owners asserting claims based upon the <br /> diversion of waters caused by the Subdivider's design or construction of public drainage <br /> systems, streets, and other public facilities or improvements. The City's acceptance of <br /> the Improvements shall not constitute an assumption by the City of any responsibility or <br /> liability for any damage or alleged taking of property referenced herein. City shall not be <br /> responsible or liable for the design or construction of the Subdivision or the <br /> 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 /> . ATTY/AGRl2012.014lSUBDIVISION IIMPROVEMENT AGREEMENT 333 MAIN STREET <br /> REV:VR 01/30/12 <br /> � Page 7 of 14 <br />