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hold harmless�nd defend the City, its officers,agents and employees, from and against any and
<br /> all losses, claims, costs, expenses, liabilities, dainages, �crions, causes of 8ction�nd judgments,
<br /> including reason�ble attomeys' fees, arising out of or �ttributable to Develc�per's perforniance
<br /> under this Agreement. Notwithstanding the forgoing,Developer shall not be obiigated under this
<br /> Agreement to defend�nd/or indemnify the City to the extent that any of the damage or injury is
<br /> caused by the gross negligence�willgul misconduct of the City or its agents ar employees.
<br /> 17.2 Developer's oblig�tions wnder tliis Section 17 are not conditioned or dependent
<br /> upon the City, or its officers, �geitts �nd employees, whether the City pnpared, aupplied or
<br /> reviewed any Improvement Plans or rel�ted specifications in connection with the Subdivision�
<br /> the Improvements, or whether the City has insurance or other indemnification covering any of
<br /> these mattcrs.
<br /> 17.3 Developer's obligation to indemnify, hold hannless �rtd defend the City shall
<br /> extend to injuries to persons and d�m�ges to or alleged talcing of property resulting from the
<br /> design or construction of the Subrdivision, and the Improvements required berein, �nd shall
<br /> likewise extend to adjacent property owners asserting claims based upon the�iversion of waters
<br /> caused by the Developer's design or construction of public drai�ge systems, streets, and other
<br /> public facilities or Improvements.The City's acceptance of the Impmvements sh�ll not constitute
<br /> �n assurrip#ion by the City of any responsibility or liability for any d�mage or alleged taking of
<br /> property referenced herein. City shall nut be responsible or li�ble for t�design or construction
<br /> of the Subdivision or the I�prove�nts canst�ucted or installed pursw�nt to tl�e a�roved
<br /> Improvements Plans or the Final Mep. After City's acceptance of the hnprovements, the
<br /> Dc,weloper shall rem�in obligated to correct ar eliminate all dangerous c�ditiuna created by
<br /> defccts in desi�or constructi�; pmvicied,however,that the Dcveloper shall noi be rosponsible
<br /> for routine maintensnce. Developer's obligatians hereun�r sh�ll remain � effect f� ten (lU)
<br /> years fuIlowing acceptaance of the Improveme�nts by the City Council. Devela�er acl�owledges
<br /> and agre�s that Developer shall be responsible and liable for the design and car�strucrion of the
<br /> Improvemettts �nd other work done pur�uant to ttus Agreement, and Cit�r shall nat be liable f�
<br /> �ny acts ar omissions in ap�ving, reviewing, checking, con�ecting or modifying any
<br /> Improvement Plans or relattd speciftcatio�s, or in inspecting, reviewing ar��sproving any work
<br /> or construction of Improvements. The Developer's improvement security shall not be required to
<br /> secure the Developeis obligations under this Section 17.3beyond the one-ye�r guar�ntee �nd
<br /> warranty period. If, in any judicial proce�dings involving statutory immunity under the Tort
<br /> Cl�.ims Act (Govcrnrnent Code 810, et seq.) asserted by the City, ar its officers, agents or
<br /> employees,is deternrined by a court of competent jurisdiction to be inapplicable or ar►available to
<br /> immunize the City, or its officeis, �gents or employees, &om potential liabilit� for any�Ileged
<br /> acts or omissions under this Section 17.3,then such rights or obligations of indtnTnity hereunder
<br /> shall be govemed by principles of comparative fault.
<br /> 18. �,stiirance.
<br /> 18.1 Developer shall, before the release of said final map by City for recordation,
<br /> obtain and maintain in full force �nd effect during the term of this Agreement, �t Developer's
<br /> own expense and risk, Worker's Connpensation, a general comprehensive liability insurance
<br /> policy,�nd owned,non-owned,�nd hired autamobile liability insurance.The rninimwn uYnount�
<br /> of coverage corresponding to the afores�id categories of insurr�nce per insurable event shall be as
<br /> follows:
<br /> �EV:o3-ia-i4 vR
<br /> Pa�e 7 of 19
<br /> ATTY/AC3R.2014.034/One Marina Final Phase- Improvement A9reement
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