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CITY OF TRACY— OFFSITE IMPROVEMENT AGREEMENT
<br /> OFF-SITE DETENTION BASIN 3A
<br /> PUBLIC IMPROVEMENTS
<br /> Page 4 of 14
<br /> 4.2. Labor and Material security in the amount of$ 3,410,000.00 to secure
<br /> payment by Developer to laborers and materialmen.
<br /> 4.3. Warranty security in the amount of$ 341,000.00 to guarantee
<br /> improvements against any defective work or labor done or defective
<br /> materials used in performance of Work for one year from the date on
<br /> which the City Council accepts the Work as complete.
<br /> 5. Indemnification. Subdivider shall indemnify, defend, and hold harmless City
<br /> (including its elected officials, officers, agents and employees) from and against
<br /> any and all claims, demands, damages, liabilities, costs, and expenses (including
<br /> court costs and attorney's fees) resulting from the performance of the Work by
<br /> Subdivider or Subdivider's agents, representatives, contractors, subcontractors,
<br /> or employees, except when caused by the active negligence or willful misconduct
<br /> of City, until such time as all of the following have occurred: (1) the City Council
<br /> accepts all of the improvements comprising the Work, (2) the City becomes
<br /> responsible for the maintenance, operation and repair of all of the improvements
<br /> comprising the Work, and (3) the one year warranty period set forth in Section
<br /> 13, below, has expired, at which time the indemnification obligations under this
<br /> Section 4 shall automatically terminate, with regard to any cause of action arising
<br /> after such date. For avoidance of doubt, Subdivider's obligations under this
<br /> Section 4 are in addition to all other Subdivider's obligations set forth in this
<br /> Agreement and shall not affect Subdivider's warranty obligations set forth in
<br /> Section 13, below.
<br /> 6. Insurance. Concurrently with the execution of this Agreement by Developer, and
<br /> before beginning any Work, Developer shall furnish evidence to the City that the
<br /> following insurance requirements have been satisfied. The insurance
<br /> requirements contained in this Section 6 are material terms of this Agreement.
<br /> These insurance coverage requirements below may be satisfied by umbrella or
<br /> excess liability policies upon City approval, which approval is deemed granted as
<br /> evidenced by the City's execution of this Agreement.
<br /> 6.1. General. Developer shall, throughout the duration of this Agreement,
<br /> maintain insurance to cover Developer, its agents, representatives,
<br /> contractors, subcontractors, and employees in connection with the
<br /> performance of services under this Agreement at the minimum levels set
<br /> forth herein.
<br /> 6.2. Commercial General Liability (with coverage at least as broad as ISO form
<br /> CG 00 01) coverage shall be maintained in an amount not less than
<br /> $4,000,000 per occurrence and $8,000,000 general aggregate for general
<br /> liability, bodily injury, personal injury, and property damage, but excluding
<br /> coverage for explosion, collapse, and underground property hazards.
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