(A) Language shall be placed on the subdivision final plat whereby the homeowners association, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the city, any governmental entity and public utility for damages to the private street occasioned by the reasonable use of the private street by the city, governmental entity or public utility; for damages and injury (including death) arising from the condition of said private street; for damages and injury (including death) arising out of the use by the city, governmental entity or public utility of any restricted access gate or entrance; and for damages and injury (including death) arising out of any use of the subdivision by the city, government entity or public utility.
(B) Further, such language shall provide that all lot owners shall release the city, governmental entities and public utilities for such damages and injuries. Such language shall include the statement:
The indemnification contained in this paragraph shall apply regardless of whether or not such damages and injury (including death) are caused solely by the negligent act or omission of the city, governmental entity or public utility, or their representative officers, employees or agents.
(Ord. 08-29, passed 10-21-2009)