|
b. The release of improvement security as defined in
<br /> Section 66499 of the GoYemment Code, where the assessment
<br /> contract has filed surety bonds for said improvements.
<br />
<br /> 9. ~ Defects. Subdivider shall be liable for defects in workmanship and
<br />materials on all of thc above described improv~rhents for a period of one (1) year after
<br />acceptance and, as security for liability agai~ist such defects, Subdivider shall ~le
<br />improvement or maihienance security with the City Clerk, of a type approved by the City
<br />Attorney, in thee amount of ten (10) percent of the total estimated cost set forth above.
<br /> 10. Workers' Cdmpensation. Before commencing work under this contract,
<br />Subdivider shall take out and maintain during lhe course of this Agreement, such
<br />worker's compensation insurance as required by the laws of the State of California. lfthe
<br />Acting General C0ntr~ictor is not the Subdivider, then the General Contractor will provide
<br />the City with said certilScate of worker's compensation insurance prior to start of,
<br />construction. On failing to do so, the City may.p[ocure such insurance for the Subdivider
<br />and the Subdivider shall pay the cost.
<br /> 11. Hold Harmless Aereement. Subdivider hereby agrees to and Shall hold
<br />City, its elective and appointive Boards, Commissions, officers, agents, and employees,
<br />harmless from any liability for damage or claims for damage for personal injury,
<br />including death, as well as from claims from property dalnage which may arise from
<br />Sub&wder's contractors, subcontractors, agents, or employees' operation under this
<br />Agreement, whether such operations be by Subdivider or by any of Subdivider's
<br />contractors, subcontractors, or by any one or more pers0ns,dlrectly employe by, or
<br />acting as agent for, Subdivider or any of Subdivider's Gontractors or subcontractors.
<br />Subdivider agrees to, and shall, defend City and its elective and appointive Boards,
<br />Commissions, officers, agents and employees from any suits or actions at law or equity
<br />., for damages caused, or alleged to have been caused, by reason of any of the aforesaid
<br /> operations. In addition to the above:
<br /> a. That City does not, and shall not, waive any rights
<br /> against Subdivider which it may have by reason of the aforesaid
<br /> hold-harmless agreement, because of the acceptance by City, or the
<br /> deposit with City by Subdivider, of any of the insurance policies
<br /> described herein.
<br />
<br /> b. That the aforesaid hold-harmless agreement by
<br /> Subdivider shall apply to all damages and claims for damages of
<br /> every kind suffered, or alleged to have been suffered, by reason of
<br /> any of the aforesaid operations referred to in this paragraph,
<br /> regardless of whether or not City has prepared, supplied or
<br /> approved of, plans or specifications for the subdivision, or
<br /> regardless of whether or not such insurance policies shall have
<br />
<br /> SUBDIVISION AGREEMENT
<br /> TRACT NO. 5904, BERATLIS, PLEASANTON
<br /> Page 4 of 8
<br />
<br />
<br />
|