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8 8 8 4 dropped from 37 stories, can cause fatal injuries, and depending upon prevailing winds, won't necessarily fall straight down into the construction zone below. Indemnity and Insurance. The developer agreement doesn't specifically require the developer to obtain a minimum amount of third party liability insurance. It should. Moreover, the city should require the developer not only to obtain and maintain such insurance (including completed operations coverage), but it should require the city to be named as an additional insured on the developer's policy, and any renewals thereafter. This will cost the city nothing, (most carriers don't even charge the named insured-i.e., the developer-additional premiums for this) but will provide significant coverage for the city (including both defense and indemnity expenses) in the event the city is named as a defendant in any litigation arising out of the project. Additionally, the purported indemnity clause in the current developer agreement is practically worthless, as written, and will not provide the city with the protection is purportedly seeks. In addition to the separate insurance provision discussed, the city should have an experienced liability attorney draft a "Type I" indemnity provision to be inserted into the developer agreement. These clauses are fairly simple to draft, but could save the city millions and millions of dollars in the event of any future litigation, and are well worth any slight delay or additional attorneys fees incurred at this time. Post 9/11 Issues: The development agreement calls for the creation of the "tallest building in Orange County"-an icon to reinvigorate the county seat, etc. Even if one feels the threat to the tallest tower in Orange County is relatively small, we live in a post-9/11 world. Under Homeland Security Department disaster planning regulations, local agencies must still identify potential targets in their area (like the federal building, the airport, theme parks, the tallest building in Orange County, etc.) and adopt planning measures in the event of an emergency. See, e.g., the National Strategy for the Physical Protection of Critical Infrastructure and Key Assets, http://www.dhs.aov/interweb/assetlibrarv/Phvsical Strateav.pdf See also the National Incident Management System (NIMS). In fact, the Federal Emergency Management Division has adopted a "Primer for Design of Commercial Buildings to Mitigate Terrorist Attacks" to help building owners and local governments mitigate the threat of hazards resulting nom terrorist attacks on new buildings-including not just explosions, but chemical, biological and radiological attacks as well. http://www.fema.aov/Ddflfima/427/fema427 cvr-toc.pdf Even if primary responsibility for building design and safety rests with the developer, there will be disaster planning costs which will necessarily be incurred by local agencies (city, fire, policy and other first responders) due to the presence of a new "icon" within the city center. It does not appear from a review of the ElR or the Developer Agreement that any of these issues or costs have been considered by the city, much less that the developer be required to offset the additional costs to be incurred by local agencies for planning and implementing measures to be taken in the event of such an emergency. Unmitigated Traffic and Quality of Life Issues: Whether or not the implementation of the OBP building is a worthwhile departure nom the Specific Midtown Plan or an irresponsible example of inappropriate "spot zoning," the draft EIR recognizes that air quality, water supply, waste water, and traffic congestion will be severely impacted without and potential mitigation. Anyone attempting to travel through the downtown area (and surrounding streets) already 75E-59