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In the event of any failure of the Developer or its agents to execute the Work in accordance to the approved plans or other federal, state or local regulations, the after the City provides notice to Developer, if Developer fails to cure, City may use the security to implement necessary erosion control, hazard elimination, and SWPPP requirements, and prosecute the same to completion by any method that the City deems advisable. Said work shall be for the account and at the expense of the Developer. Developer shall be liable to the City for any excess costs or damages suffered by the City as a result of Developer's failure to perform the Work. After the City Council's or Engineering Director's (or his or her designee's), as applicable, acceptance of the Work as complete, a Notice of Completion shall be filed by the City Clerk and the developer shall provide to the City as detailed in section 10 below one bond in the amount of ten percent (10%) of the estimated value of the public improvements to secure maintenance of the improvements for one year following City's acceptance of public improvements. Thirty-five (35) days after recordation of the Notice of Completion, if no Stop Payment Notices have been filed against the Work, then the City shall release the Performance and Labor& Materials bonds. One year after acceptance of the Work as complete, if no defects or repairs are needed, the City shall release the Maintenance bond. 8. Related Contracts and Proceedings. Any prior contracts between City and Developer and any prior approvals by City staff, Commissions or Council of City shall not be affected by the provisions of this Agreement unless specific modification is set forth herein. 9. Defects and Maintenance Security. Developer shall be liable for defects in workmanship and materials on all of the Work and, as security for liability against such defects, Developer shall file improvement or maintenance security with the City Clerk, of a type approved by the City Attorney, in the amount of ten (10) percent of the total estimated cost set forth above for a period of one (1) year after City Council acceptance. 10.Workers' Compensation. Before commencing work under this Agreement, Developer shall take out and maintain during the course of this Agreement, such worker's compensation insurance as required by the laws of the State of California. If the Acting General Contractor is not the Developer, then the General Contractor will provide the City with said certificate of worker's compensation insurance prior to start of construction. 11. Hold Harmless Agreement. Developer hereby agrees to and shall indemnify, defend and hold harmless the City, its elective and appointive officials, Commissions, officers, agents, and employees (collectively the "indemnities"), harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims from property damage which may arise, or allege to arise, from Developer's, Developer's contractors', subcontractors', agents', or employees' operation under this Off-Site Improvement Agreement—PUD-99.Tract 8317,Rose Avenue Estates Page 3 of 6