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[~ne DonO sh~~'''' be i~~· t~ie m!/c~qut of ]0C '~f t-he total estimated <br />cost of the work _,~ e~c:L s[l~<~e of ~h=ve]oi~meht, cond]tioned upon <br />fajthtul performance of th~s ~,gl'-eemen[-, and one bond in the amount <br />of ]00% of the total estimated frost of the work for each stage of <br />development shall secure payme~'~t foil 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: <br /> <br /> In event of b~each by Subd~vider, CiL¥ 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 financin9 and improvement of streets ahd 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 (]) year after acceptance and as security 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 the amount of 10% of the total estimated cost set forth above. <br /> <br /> 10. Worker's Compens__a__tion. 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 of the State of California. If the Acting General Contractor <br />is not the Subdivider,'then the Genex:a] 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 electjve 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 />