|
6.1.J. - Page 10
<br /> arising out of tl�e co�►struction and/or installation of the Improvements as sat out in Section 3
<br /> above. Developer shall indemnify, hold harn��ess and de�end the City, its officers, agen#s and
<br /> employees, fi•ona az�d against any and all losses, claims, costs, expenses, liabilities, damages,
<br /> actions, causes of action and judgments, including reaso�abla attor�eys' fess, arising aut af or
<br /> athtibufable to Dev�loper's performance under this Agreement. Notwithstanding the forgoing,
<br /> Developer shall not be obIigated under this Agreement to defend and/or indemnif�tha City to the
<br /> extent that any of the damage or injury is caused by t�e gcoss negligence or willful misconduct of
<br /> t�e City or its agents or employees.
<br /> 17.2 Developer's obligations undar this Section 17 are not conditioned or dependent
<br /> upon the City, or its officers, agents and employees, whether the CiLy p�•epared, supplied or
<br /> reviewed any Trnprovement Plans or related speeifications in connection� with the Subdivision or
<br /> the Improvezx�ents, or whether the City has insurance or other indemnification covering any of
<br /> these matters.
<br /> �7.3 Develope�•'s obligation to indemnify, hold harmless and defend the City shall
<br /> extend ta injuries to persons and damages to or alleged taking of property res�l�ing fro� the
<br /> design or construction of the Project, and the Improvements required herein, and shall likewise
<br /> extend�o adjacent property awners asserting claims based upon the diversion of waters caused by
<br /> the Developer's design or construction of public drainage systems, streets, and other public
<br /> facilities or irnprovements. The City's aeceptance af the Improvernents shaIl not constit�te an
<br /> assumption by the Ciiy of any respansibility or liability for any darnage or alleged taking of
<br /> property referenced herein. City sha11 not be responsibie ar liable for the design ar consh�uction
<br /> of the Subdivision or the Itnpravements constructed or installed pursuant to the approved
<br /> Improvements Plans or the Final Map,unless the particular Itnprovement design was required by
<br /> the City over the �Nritten �bjection of the Deveioper, which objection stated that t�ie
<br /> Impro�ement design was potentially dangerous or defective and set forth a� alternative design.
<br /> After City's aeceptance of the Improveznents, #he Developer shall remain obligated to correc� or
<br /> eliminate ail dangerous conditions created hy defects in design or construction; provided,
<br /> however, that the Developer shall n4t be rresponsible for routine rnaintenance. Developer's
<br /> abligatians hereunder shall remain in effect for ten {10) years follorving acceptance of t�e
<br /> Improverr�ents by the City Couneil. Developer acknowledges and agrees that Developer shall be
<br /> responsible arzd liable fo�•the design and construction of the Trnprovernents and other work done
<br /> pursuant to this Agreemen#, and City shall not be liable for any acts or omissions in approving,
<br /> reviewing, checking,correcting or modifying any I�nprovernent Plans or related specifications, or
<br /> in inspecting, reviewing or approving any work or construction of Itt�pravetnents. Tk�e
<br /> Develaper's improvement security sha11 not be required to secure the Developers obligations
<br /> under this subparagraph C beyand the one-year guarantee and wart�anty period. If, in any ju€dicial
<br /> proceedings involving statutory immUnity under the Tort Claims Act {Gave�ment Cade 810, et
<br /> seq.} asserted by tha City, or its of�cers, agents ar employees, is determined by a court of
<br /> competent jurisdiction to be inapplicable or unavailable to immunize the City, or its of#"�cers,
<br /> agents or employees, from potential liability for any alleged acts or omissions under this Section
<br /> I7.3, then such rights or obligations of indemnity hereunder shall be governad by principles o�
<br /> comparative fault.
<br /> l8. Insurance.
<br /> 18.1 Developer shall, befa�•e the release of said �nal map by City fa�• recordation,
<br /> obtain and �aintain in full force and effec� during t�e term of this Agreement, at Developer's
<br /> own expense and risic, Worker's Compansation, a general comprehensive liabiIity insurance
<br /> policy,and owned, non-awned, and hired automobile lia�ility insurance. Th�mini�num amounts
<br /> ATTYIAGRl20'f2.E�65l2580�CR(URBAN FiOUSING)Sl1BDIVf510N iMPROVEI111ENTAGR�EM�N7
<br /> REV:06-05-12 VR
<br /> Page 7 of 16
<br />
|