AgdaPkt 2013-01-28 - Laserfiche WebLink

Browse Search

6.1.D. - Page 57 17.2 Develop�r's obligations unde�• this Section 17 are not conditianed ar dependent upon the City, or its officers, agents and ett�playeas, whethe�• tl�e City p�'epared, supplied or reviewed any Improvement Plans o�'related specificatians in comieetian wit�i the Subdivisioti or the lmprovements, or vw�ether �lie City has insuz'ance or othe�• indemnificatfon covering any of these mattex's. 17,3 Develapet•'s obligation to ind�mni£y, hold harmless and defend �l�e City shall extend ta inju�•ies ta persons ai�d damages to or alleged taking of prope��y �•es�ltit�g fi•om �lie design a�• cor�struction of the Subdivision, and the Improvements required hei•ein, and shall likewise extend ta adjacen# prope�•Ey owners asse��ti��g clai�ns based upon the diversion of wafej•s caused by the Subdivider's design or canst�•uction of public d�•ainage systems, streets, and other public facilities or improvements. The City's acceptanca of the�mprovements shall not constitute ar� ass�mption by the City af any respansibility or liability for any damage ar alleged taking of pt•operty�•efer•er�ced herein. City shall not be responsible or liable for the design or const�•uction of the Subdivision or the Ir�provements const�•ucted o�• installed pursuant to the approved Impz•ovements Plans o�•the�inal Map, unless th� pa�icular Improveme�it design was requiced by the City ove�• the Written Objection of the Deve�oper, which objectian stated tt�at the Itx�prove�ner�t design was potentially da�gerous or defective and set fo�th an alternative design. After City's acceptance of tl�e Improvements, the Develapej• shall �•ennain obligated to correct or eliminate ali dangerous conditia�s created by defects in desigr� o�• canstruction; pro�ided, howaver, that the Developer shall not ba responsible for routine maintenance. Developar's obligations he�•eu��der shall remain in� effect foi• ten {10) years following aeceptance of the Imp�•ovements by the City Couiicil. Develop�r ac�nowledges and agrees that Developer shall be responsible and liable fo�•the design anti const��ction of the Improvements and other work done pursuant to this Agi-eement, a�d City shall not be liable for ai�y acts o�• oinissions in approving, reviewing, checking, correcting or modifying any Imp�•overnent Plans o�•�•elated speci�cations, or in inspecting, �•eviewing or approving a�y woj•k or construetion of Improvetz�ents. The Develaper's imp�-ovement security shall not be required to secure the Developers obligations under this subparagraph C beyond the two-year guaj•antee and wa��•anty period. If, it�any judicial p�•oceedings involving statutory immunity under t�e Tort Claims Act (Government Code 810, e� seq.) assei�ted by the City, o�• its officet•s, agents or employees, is determined by a coui�t of competent jurisdictian to be inappiicable or unavailable to immunize tha City, or its of�'icers, agents o�•employees, fi•om potential liability far any alleged acts ar omissions under this Section 17.3, then such rights or obligations of indemnity hereunder shall be govei•ned by principles of compa�•ative fault. 18, Insu��ance. 18.1 Develope�• shall, before �he releasa of said �nal inap by City for t•ecardation, obtain and maintain in full fo�•ce and effect during the te�7n of this Agreement, at Developer's own expense and risk, Worker's Campensatian, a gei�e��af co�prehensive liability insurance ' palicy, and owi�ed, no��-owrted, and hired automobile liability insurance. The minirnum atnounts ' of coverage corresponding to the afaresaid categaries of i��surance pe►• insurable event shail be as foliows: I�is�►�•ance Cate�orv Minimum Limits Workers'Coz�npensation Statutory minimuin. Employer's Liability $1,000,000.00 per accident fo�•badily injury o�•disease, A7"1'YIAGFi12Q13.0091SUB�IVISION IMPR�VEMENT AGREEMEN'T ONE.MARINA REV:01-14-13 VR Page 7 of 15