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The surety contract shall inclv=~- an ezpress waiver <br />of l ~ security provider's abii -'y to escape from tile <br />City's use of the security to undertake to construct <br />tile public improvements scoured if construction of <br />the public improvements has not commenced within the <br />one year time period. <br /> <br /> One bond shall be in the amount of 100% of the total .estimated <br />cost of the work for each stage of development, conditioned upon <br />faithful performance of this agreement, and one bond in the amount <br />of 100% of the total estimated cost of the work for each stage of <br />development shall secure payment for labor 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: (a) $457,000.00 - Street Improvements <br /> (b) $ 23,000.00 - Landscape Improvements <br />$ <br /> <br /> In event of breach by Subdivider, 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 Subdivider. Subdivider shall be liable to the City for any <br />excess costs or damages suffered by the City. <br /> <br /> 8. Financing· In the event City and Subdivider enter a con- <br />tract upon mutually agreeable terms providing an appropriate special <br />assessment act for financing and improvement of streets and easements, <br />the City may consent 'to the following: <br /> <br />The inclusion of this tract and other lands within <br />said contracts, and <br /> <br />the release of improvement security as defined <br />in Section 66499 of the Government Code, where <br />the assessment contract has filed surety bonds <br />for said improvements. <br /> <br /> 9. Defects. Subdivider shall be liable for defects in workman- <br />ship and materials on all of the above described improvements for a <br />period of one (1) year after acceptance and as seourity for liability <br />against such defects, Subdivider shall file improvement or maintenance <br />security with the City Clerk, of a type approved by the City Attorney, <br />in tile amount of 10% of the total estimated cost set forth above· <br /> <br /> 10. Worker's Compensation. Before commencing work under this <br />contract, Subdivider shall take out and maintain during the course of <br />this agreement, such worker's compensation insurance as required by <br />the laws o~! the Stake of California. If the Acting General Contractor <br />is not the Subdivider, then the General Contractor will provide the <br />City with the said certificate of worker's compensation insurance <br />prior to start of construction. On failing to do so, the City may <br />procure such insurance for the Subdivider and the Subdivider shall <br />pay the cost. <br /> <br /> 11. Hold Harmless Agreement. Subdivider hereby agrees to, and <br />shall hold City, its elective and appointive Boards, Commissions, <br />officers, agents, and employees, harmless from any liability for damage <br />or claims for damage for personal injury, including death, as well <br />as from claims from property damage which may arise from Subdivider's <br />contractors ' subcontractors ' , agents ' or employees ' operation under <br />this agreement, whether such operations be by Subdivider or by any of <br />Subdivider's contractors, subcontractors, or by any one or more per- <br /> <br /> <br />