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where said bonds have been filed with the City <br /> Clerk prior to the execution of this agreement, as <br /> a part of the existing improvement district <br /> proceedings. <br /> <br /> One bond shall be in the amount of 100% of the total <br />estimated cost of the work for each stage of development, <br />conditioned upon faithful performance of this agreement, and one <br />bond in the amount of 100% of the total estimated cost of the <br />work for each stage of development shall secure payment for labor <br />and materials. <br /> <br /> Cash or instruments of credit shall be in an amount not less <br />than 100% of the total estimated cost of improvements which is as <br />follows: <br /> <br /> $40~217.00 <br /> <br /> In event of breach by Developer, City may take over the work <br />and prosecute the same to completion by any method the City deems <br />advisable. Said work shall be for the account and at the expense. <br />of the Developer. Developer shall be liable to the City for any <br />excess costs or damages suffered by the City. <br /> <br /> 7. Defects. Developer shall be liable for defects in <br />workmanship and materials on all of the above described <br />improvements for a period of one (1) year after acceptance and as <br />security for liability against such defects, Developer shall file <br />improvement or maintenance security with the City Clerk, of a <br />type approved by the City Attorney, in the amount of 10% of the <br />total estimated cost set forth above. <br /> <br /> 8. Workers' Compensation. Before commencing work under <br />this contract, Developer shall take out and maintain during the <br />course of this agreement, such workers' compensation insurance as <br />required by the laws of ~he State of California. If the Acting <br />General Contractor is not the Developer, then the General <br />Contractor will provide the City with the said certificate of <br />worker's compensation insurance prior to start of construction. <br />On failing to do so, the City may procure such insurance for the <br />Developer and the Developer shall pay the cost. <br /> <br /> 9. Hold Harmless Agreement. Developer hereby agrees to, <br />and shall hold City, its elective and appointive Boards, <br />Commissions, officers, agents, and employees, harmless from any <br />liability for damage or claims for damage for personal injury, <br />including death, as well as from claims from property damage <br />which may arise from Developer's contractors', subcontractors', <br />agents' or employees' operation under this agreement, whether <br />such operations be by Developer or by any of Developer's <br />contractors, subcontractors, or by any one or more persons <br />directly employed by, or acting as agent for, Developer or any of <br />Developer's contractors or subcontractors. Developer agrees to, <br /> <br /> - 3 - <br /> <br /> <br />