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5. Related Contracts and Proceedinl?s. Any prior contracts between City and <br />Subdivider and any prior approvals by Boards, Commissions or Council of City <br />shall not be affected by the provisions of this Agreement unless specific <br />modification is set forth herein. <br />6. Security. On signing this Agreement, the Subdivider shall present to the City and <br />file with the City Clerk, improvement security as defined in Section 66499 of the <br />Government Code of the State of California. Said improvement security as <br />approved by the City Attorney, shall consist of the following as determined by the <br />city: <br />a. cash deposit made with the City, or <br />b. bonds by duly authorized corporate sureties, or <br />c. instruments of credit from financial institutions subject to regulation by <br />state or federal government <br />One bond shall be in the amount of 100% of the total estimated cost of the work, <br />which is $25,000, conditioned upon faithful performance of this Agreement. <br />The City shall release the faithful performance bond thirty (30) days after <br />acceptance by City Engineer. <br />7. Default by Subdivider. In the event of any breach by Subdivider, City may take <br />over the Work and prosecute the same to completion by any method the City <br />deems advisable. Said Work shall be at the expense of the Subdivider and <br />Subdivider shall be liable to the City for any excess costs or damages suffered by <br />the City. <br />8. 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 <br />California. If the acting General Contractor is not the Subdivider, then the <br />General Contractor will provide the City with said certificate of worker's <br />compensation insurance prior to start of construction. On failing to do so, the <br />City may procure such insurance for the Subdivider and the Subdivider shall pay <br />the cost. <br />9. Hold Harmless Agreement. Subdivider hereby agrees to and shall hold harmless, <br />defend, and indemnify City, its elective and appointive Boards, Commissions, <br />officers, agents, and employees, from any liability for damage or claims for <br />damage for personal injury, including death, as well as from claims from property <br />damage which may arise from Subdivider's contractors', subcontractors', agents', <br />Deferred Improvement Agreement for items to be constructed with Tract 7407 <br />Project: Tract 7407, Bordeaux Property; Vineyard Avenue, APN 946 135001503 <br />Page 3 of 13 <br />