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One bond shall be in the amount of 100%of the total estimated cost of the work for each <br /> stage of development,conditioned upon faithful performance of this Agreement,one <br /> bond in the amount of 100%of the total estimated cost of the work for each stage of <br /> development shall secure payment for labor and materials,and as provided in section 9 <br /> below,one bond in the amount of ten percent(10%)of the estimated value of the public <br /> improvements to secure maintenance of the improvements for one year following City <br /> Council acceptance. <br /> Total estimated cost of subdivision improvements is as follows(detailed in Exhibit A): <br /> $2,263,000.00 <br /> In the event of any breach by Subdivider, City may take over the work and prosecute the <br /> same to completion by any method the City deems advisable. Said work shall be for the <br /> account and at the expense of the Subdivider. Subdivider shall be liable to the City for <br /> any excess costs or damages suffered by the City. The City shall release the Faithful <br /> performance and labor and materials bonds forty-five days after the recordation of the <br /> Notice of Completion if no Stop Notices or claims are outstanding. The City shall release <br /> the Maintenance Bond one year after the recordation of the Notice of Completion <br /> provided all warranty work is acceptable to the City. <br /> 8. Financing. In the event City and the Subdivider enter a contract upon mutually agreeable <br /> terms providing an appropriate special assessment act for financing and improvement of streets <br /> and easements,the City may consent to the following: <br /> A. The inclusion of this tract and other lands within said contracts,and <br /> B. The release of improvement security as defined in Section 66499 of the Government <br /> Code,where the assessment contract has filed surety bonds for said improvements. <br /> 9. Defects. Subdivider shall be liable For defects in workmanship and materials on all of the <br /> above described improvements and,as security for liability against such defects, Subdivider shall <br /> file improvement or maintenance security with the City Clerk,of a type approved by the City <br /> Attorney, in the amount of ten (10)percent of the total estimated cost set forth above for a period <br /> of one(I)year after City Council acceptance. <br /> 10. Workers'Compensation. Before commencing work under this contract, Subdivider shall <br /> take out and maintain during the course of this Agreement, such worker's compensation <br /> insurance as required by the laws of the State of California. If the Acting General Contractor is <br /> not the Subdivider,then the General Contractor will provide the City with said certificate of <br /> worker's compensation insurance prior to start of construction. <br /> II. Hold Harmless Agreement. Subdivider hereby agrees to and shall indemnify,defend and <br /> hold harmless the City, its elective and appointive officials,Commissions, officers,agents,and <br /> employees(collectively the"indemnities"),harmless from any liability for damage or claims for <br /> Subdivision Agreement Tract 8257 Page 3 of 7 <br />