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<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 City <br />Clerk, of a type approved by the City Attorney, in the amount often (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 />10. Workers' Compensation. Before commencing work under this contract, <br />Subdivider shall take out and maintain during the course of this Agreement, such <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 />11. 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. 7431, "Busch! Ponderosa Property" <br />Page 4 of 8 <br />