County of Mariposa v. Yosemite West Associates
Opinion
Opinion
Stone, J.
In December 1966, appellants, Yosemite West Associates (YWA), presented to respondent, County of Mariposa (County), plans to develop approximately 900 acres of land adjacent to Yosemite National Park into a recreational area which would include home sites, condominiums, town houses, a hotel, restaurants, a commercial area and recreational facilities. The first phase of the project was to subdivide 135 acres of land into a 293-lot residential area called “Yosemite West Subdivision, Unit Number One” (Unit #1). In 1967 YWA and the County entered into a subdivision agreement for Unit # 1 which provided, in pertinent part, that YWA would complete all necessary improvements, including water system, water storage and fire hydrants; initiate and consummate assessment bond proceedings for the completion of the improvements; and initiate the formation of Yosemite West Maintenance District (Maintenance District). The agreement further provided that YWA “shall indemnify and hold harmless the County from any and all loss, damage, or liability resulting from [YWA’s] performance or non-performance of [its] duties” under the agreement.