In the event the community subdivision infrastructure, or any component thereof, including,
but not limited to, any and all private areas, drainage systems (including without
limitation, the retention/detention areas and underdrains), common properties, private
roads, screening walls, and such other subdivision infrastructure not otherwise dedicated
to the public use or the city, are not maintained, repaired, replaced, or cared for
in accordance with the standards of the city code, good engineering practices, or
such become a nuisance, or HOA accounts relating to the community subdivision infrastructure
are not properly funded, the developer (so long as the developer retains control of
the board of directors of the HOA and the provisions of section 110-155 are not completely satisfied), the HOA, and the individual lot owners of the subdivision,
jointly and severally, shall release, defend, indemnify, and hold the city and its
officers, contractors, consultants and employees harmless from any and all costs,
expenses, suits, demands, liabilities, damages, injuries (including death), tort liability
or award of damages or otherwise, including attorneys' fees and costs, in connection
with, related to, or arising out of the maintenance, repair, replacement, reconstruction,
or care of the community subdivision infrastructure, or any component thereof, by
or on behalf of the city.
