OPA: Grimshaw House - City of Anaheim

601.8 Obligation to Repair and Restore Damage Due to Casualty Covered
by Insurance. In the event that any of the Housing Units are totally or partially
destroyed or rendered wholly or partly uninhabitable by fire or other casualty
required to be insured against by Developer, Developer shall promptly proceed to
obtain insurance proceeds and take all steps necessary to begin reconstruction and,
immediately upon receipt of such insurance proceeds, promptly and diligently
commence and complete the repair or replacement of the Housing Units to
substantially the same condition as the Housing Units are required to be
constructed pursuant to this Agreement. In no event shall the completion of the
repair, restoration or replacement of the Housing Units exceed one (1) year from
the date Developer obtains the insurance proceeds unless Agency approves a
longer period in Agency’s reasonable discretion. Agency shall cooperate with
Developer, at no expense to Agency, in obtaining any governmental permits
required for the repair restoration or replacement. If, however, the then-existing
laws of any governmental entity exercising jurisdiction over the Site do not permit
the repair, restoration or replacement of the Housing Units, Developer may elect
not to repair, restore or replace the Housing Units by giving Notice to Agency, in
which event Developer shall be entitled to all insurance proceeds, provided
Developer promptly removes all debris from the portion of the Site affected and
reconveys such portion of the Site to Agency.
601.9 No Obligation to Repair and Restore Damage Due to Casualty Not
Covered by Insurance. In the event that any of the Housing Units are totally or
substantially destroyed or damaged by a casualty for which Developer is not
required to (and Developer has not) insured against, Developer shall not be
required to repair, restore or replace such Housing Units and Developer may elect
not to repair, restore or replace the Housing Units by giving Notice to Agency
within ninety (90) days of such loss, provided Developer promptly removes all
debris from the portion of the Site affected and reconveys such portion of the Site
to Agency. For purposes of this Section, the term “substantially destroyed or
damaged” means destruction or damage the repair of which is reasonably
estimated to cost twenty-five percent (25%) or more of the replacement cost of the
Housing Units damaged.
602. Indemnification. Developer shall defend, indemnify, assume all responsibility
for, and hold Agency, its officers, employees and agents, harmless from, all claims,
demands, damages, defense costs (including attorneys’ fees and costs) or liability of any
kind or nature relating to Developer’s activities under this Agreement, including but not
limited to any damages to property or injuries to persons, including accidental death,
arising out of or in connection with Developer’s activities, acts, errors, omissions,
performance or work under this Agreement, whether such activities or performance
thereof be by Developer or by anyone directly or indirectly employed, controlled or
contracted by Developer and whether such damage shall accrue or be discovered before
or after termination of this Agreement. Developer shall not be liable for property damage
or bodily injury occasioned by the sole negligence or willful misconduct of Agency or its
designated agents or employees.
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