|
<br />b. The release of improvement security as defined in
<br />Section 66499 of the Government 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 the above described improvements and, as security for liability against
<br />such defects, Subdivider shall file improvement or maintenance security with the Citr
<br />Clerk, of a type approved by the City Attorney, in the amount of ten (10) percent of the
<br />total estimated cost set forth above for a period of one (I) year after City Council
<br />acceptance.
<br />
<br />I O. Workers' Compensation. Before commencing work under this contract,
<br />Subdivider shall take out and maintain during the course of this Agreement, such
<br />,
<br />worker's compensation insurance as required by the laws of the State of California. If the
<br />Acting General Contractor is not the Subdivider, then the General Contractor will provide
<br />the City with said certificate of worker's compensation insurance prior to start of
<br />construction. On failing to do so, the City may procure such insurance for the Subdivider
<br />and the Subdivider shall pay the cost.
<br />
<br />II. Hold Harmless Agreement. 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 damage which may arise from
<br />Subdivider'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 anyone or more persons directly employed by, or
<br />acting as agent for, Subdivider or any of Subdivider's contractors 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 />
<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. 7432, "Busch I Ponderosa Property"
<br />Page 4 of8
<br />
<br />,.---,. .
<br />
|