Laserfiche WebLink
b. Execution of an Improvement Agreement <br />with bonding satisfactory to the City Attorney providing for <br />the construction of the Parking Facility shall constitute <br />satisfaction of Hopyard's obligations under the In-Lieu <br />Parking Agreement, and satisfaction of the requirement of <br />Condition No. 19 of PUD-85-10. <br /> <br /> c. In the event that Hopyard is unable to <br />execute an Improvement Agreement which satisfies the terms <br />of Paragraph 6.b herein before June 1, 1986, and the delay <br />is not primarily caused by Hopyard, then the June 1, 1986 <br />date set forth in Paragraph 6.a shall be extended by the <br />length of the delay. <br /> <br /> 7. Maintenance. Hopyard shall be responsible for <br />ongoing surface maintenance of the Parking Facility, <br />including repairs to paving, landscaping, lighting as <br />needed, and landscape maintenance. Hopyard shall not be <br />responsible for repairs to the floodway of the Pleasanton <br />Canal. The Parking Facility shall be designed to permit <br />lighting to be actfvated by either City or Hopyard. <br /> <br /> 8. Indemnification. Hopyard shall defend, indem- <br />nify and hold City and Zone 7 harmless against any and all <br />liabilities or claims for personal injury or property damage <br />arising out of Hopyard's negligence, including negligence in <br />maintenance as defined in Paragraph 7 herein, in connection <br />with the Parking Facility or the easements of access to the <br />Parking Facility. City shall defend, indemnify and hold <br />Hopyard and Zone 7 harmless against any and all liabilities <br />or claims for personal injury or property damage arising out <br />of City's negligence in connection with the Parking Facility <br />or easements of access to the Parking Facility. Zone 7 <br />shall defend, indemnify and hold City and Hopyard harmless <br />against any and all liabilities or claims for personal <br />injury or property damage arising out of Zone 7's negligence <br />in connection with the Parking Facility or the Zone 7 <br />Easement. <br /> <br /> 9. Insurance. Hopyard and City shall each <br />maintain and pay the premiums for public liability insurance <br />which afford at least Two Million Dollars ($2,000,000.00) in <br />coverage for death, personal injury, or damage to property <br />as a result of activities related to the use of the Parking <br />Facility or access easements thereto. Both parties shall <br />insure against their own negligence. Each party shall have <br />a right of contribution, which entitles it to recover from <br />the other party a proportional share of any judgment against <br />it, to the extent that the other party's negligence <br />contributed to the judgment. City's obligation to insure <br /> <br /> K462-18-C/12Feb86 <br /> <br /> <br />