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City's acceptance of the Improvements shall not constitute an assumption by City of any <br /> responsibility or liability for any damage or alleged taking of properiy referenced herein. City <br /> shall not be responsible or liable for the design or construction of the Improvements constructed <br /> or installed pursuant to the approved Improvements Plans. After City's acceptance of the <br /> Improvements, the Developer shall remain obligated to correct or eliminate all dangerous <br /> conditions created by defects in design or construction; provided, however, that the Developer <br /> shall not be responsible for routine maintenance. Developer's obligations hereunder shall remain <br /> in effect for ten (10) years following acceptance of the Improvements by the City Council. <br /> Developer acknowledges and agrees that Developer shall be responsible and liable for the design <br /> and construction of the Improvements and other work done pursuant to this Agreement, and City <br /> shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or <br /> modifying any Improvement Plans or related specifications, or in inspecting, reviewing or <br /> approving any wark or construction of Improvements. The Developer's improvement security <br /> shall not be required to secure the Developer's obligations under this Section 17.3 beyond the <br /> two-year guarantee and warranty period. If, in any judicial proceedings involving statutory <br /> immunity under the Tort Claims Act (Government Code 810, et seq.) asserted by City, or its <br /> officers, agents or employees, is determined by a court of competent jurisdiction to be <br /> inapplicable or unavailable to immunize City, or its officers, agents or employees,from potential <br /> liability for any alleged acts or omissions under this Section 17.3, then such rights or obligations <br /> of indemnity hereunder shall be governed by principles of comparative fault. <br /> 18. Insurance. <br /> 18.1 Developer shall, before the release of said Parcel Map by City for recordation, <br /> obtain and maintain in full force and effect during the term of this Agreement, at Developer's <br /> own expense and risk, Worker's Compensation, a general comprehensive liability insurance <br /> policy, and owned, non-owned, and hired automobile liability insurance. The minimum amounts <br /> of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as <br /> follows: <br /> Insurance Cate�ry Minimum Limits <br /> Workers'Compensation Statutory minimum. <br /> Employer's Liability $1,000,000.00 per accident for bodily injury or disease. <br /> Commercial General Liability $1,000,000.00 per occurrence, $2,000,000.00 aggregate for <br /> bodily injury,personal injury and property damage. <br /> Automobile Liability $2,000,000.00 per occurrence for bodily injury and property <br /> damage(coverage required to the extent applicable to <br /> Contractor's vehicle usage in performing work hereunder). <br /> 18.2 Any deductibles or self-insured retentions must be declared to, and approved by <br /> City. At the option of City either Developer's insurer shall reduce or eliminate the deductibles or <br /> ATTY/AGR/2013.042/ELAN(145 MONROE)IMPROVEMENTAGR <br /> REV:03-28-13 VR <br /> Page 8 of 14 <br />