Laserfiche WebLink
,arise due to subsidence or sliding of the slope areas on which <br />the project is located as a result. of the construction of such <br />project on a hillside or as a result of the-improper monitoring, <br />control, landscaping, preventive or routine maintenance, <br />drainage, reconstruction or repair of the slope areas within the <br />-project by the Association, its employees, agents, successors or <br />assigns. <br />H, City is willing to approve a final development plan <br />permitting development and construction of the project provided <br />that the Association agrees to indemnify and hold it harmless <br />from, and to defend it against, any and all causes of action or <br />claims at law for losses due to personal injuries or property <br />damage which are based on br arise out of (i) the location or <br />construction of the private roadways or private utility systems <br />in a hillside location; or (ii) the maintenance or failure to <br />maintain the private roadways and/or private utility systems in <br />the project by the Association, its employees, agents, successors <br />or assigns, or (iii) the improper monitoring, control-, <br />landscaping, preventive or routine maintenance, drainage, <br />reconstruction or repair of the slope areas within the projects <br />by the Association, or its agents, employees, successors or <br />assigns. <br />NOW, THEREFORE, the parties hereto agree as follows: <br />1. The Association agrees to defend the City and to <br />indemnify and hold it harmless from the following: <br />- a. Any and all causes of action or claims at law for <br />personal injuries or property damage arising out of or based upon <br />the location, design or construction of the private roadways <br />and/or private utility systems in a hillside location in the <br />project; <br />b. Any and all causes of action or claims at law <br />arising out of or based upon the maintenance or failure to <br />maintain the private roadways or private utility systems in the <br />project by the .Association, its employees, agents, successors or <br />assigns; and <br />c. Any and all causes of action or claims at law <br />arising out of or based upon the improper monitoring, control, <br />landscaping, preventive or routine maintenance, drainage, <br />reconstruction or repair of the slope areas within the project by <br />the Association, or its employees, agents, successors or assigns. <br />2. The parties agree that, in the event that a cause of - <br />action or actions or claim or claims at law is asserted against <br />the City which arise(s) out of any or all of the actions, <br />omissions or conditions set forth in Paragraph 1, sections a, b - <br />and c,.ofthis Agreement, .the City shall immediately tender such <br />cause of action or actions, claim or claims to the Association in - - <br />writing and request that the Association provide a defense. The <br />Association-shall have a period of forty-five (45) days from the <br />date of the written tender to accept or deny the tender of <br />- 2 - <br />