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Section 310. Indemnification During Construction- Bodily Injury and Property Damage Insurance
<br />A. From and after close of escrow as to the Property or any portion thereof, Developer agrees
<br />to and shall indemnify and hold Agency, City and their officers, agents and employees harmless
<br />from and against all damages to property or injuries to or death of any person or persons, including
<br />employees or agents of Agency or City, and shall defend, indemnify and save Agency, City, and
<br />their officers, agents, and employees, from any and all claims, demands, suits, actions, or
<br />proceedings of any kind or nature, including, but not by way of limitation, workers' compensation
<br />claims of or by anyone whomsoever, in any way resulting from the negligent or wrongful acts or
<br />omissions of Developer, its employees, agents or subcontractors.
<br />B. Prior to the conveyance of the Property by Agency, Developer shall obtain at its sole cost
<br />and file with the Executive Director of Agency, and maintain for the period covered by this
<br />Agreement, a policy or policies of liability insurance or a certificate of such insurance, consistent
<br />with this Agreement, naming Agency and the City of Santa Ana, their officers, agents, and
<br />employees, as insured or additional insured, which provides coverage not less than that provided in
<br />the form of a comprehensive general liability insurance policy against liability for any and all claims
<br />and suits for damages or injuries to persons or property resulting from or arising out of operations of
<br />Developer, its officers, agents, or employees. Said policy or policies of insurance shall provide
<br />coverage for both bodily injury and property damage in not less than One Million Dollars
<br />01,000,000) combined single limit, or its equivalent. Said policy or policies shall also contain a
<br />provision that no termination, cancellation, or change of coverage of insured shall be effective until
<br />after thirty (30) days notice thereof has been given in writing to Agency. Developer shall give to
<br />Agency prompt and timely notice of claim made or suit instituted arising out of Developer
<br />operations hereunder. Developer may procure and maintain, at its own cost and expense, any
<br />additional kinds and amounts of insurance which in its own judgment may be necessary for its
<br />proper protection in the prosecution of the work. All insurance policies shall be written by
<br />responsible and solvent insurance companies.
<br />Section 31 1. City of Santa Ana Discretionary and Non-Discretionar~pprovals
<br />A. Developer shall be responsible for the costs of environmental documents and all other
<br />municipal requirements which shall be such as to permit development of the Property and the
<br />construction, use, operation, and maintenance of the improvements to be constructed thereon in
<br />accordance with the provisions of this Agreement. These may include amendment to the zoning,
<br />conditional use permit, variances, building permits.
<br />B. The Developer shall be responsible for obtaining any approvals required by any agency,
<br />department or bureau, other than the City of Santa Ana, having jurisdiction over the development or
<br />the Developer.
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<br />3-19
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