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5. Related Contracts and Proceedings. Any prior <br />contracts between City and Developer and any prior approvals by <br />Boards, Co.~Faissions, or Council of City shall not be affected by <br />the provisions of this agreement unless specific modification is <br />set forth herein. <br /> <br /> 6. Security. On signing this agreement, the <br />Developer shall present to the City and file with the City Clerk, <br />improvement security as defined in Section 66499 of the <br />Government Code of the State of California. Said improvement <br />security as approved by the City Attorney, shall consist of the <br />following as determined by the City; <br /> <br />a. cash deposit made with the City; or <br /> <br />bonds by duly authorized corporate sureties; <br />or <br /> <br />instruments of credit from financial <br />institutions subject to regulation by state <br />or federal government; or <br /> <br />bonds of duly authorized surety company <br />covering all or a portion of said <br />improvements required herein where a contract <br />for improvements has been let through an <br />assessment district proceeding, and where <br />said bonds have been filed with the City <br />Clerk prior to the execution of this <br />agreement, as a part of the existing <br />improvement district proceedings. <br /> <br /> One bond shall be in the amount of ]00% 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 <br />less than 100% <br />is as follows: <br /> <br />or instruments of credit shall be in an amount not <br />of the total estimated cost of improvements which <br /> <br />$1,430,000.00 <br /> <br /> In event of breach by Developer, City may take over the <br />work and prosecute the same to completion by any method the City <br />deems advisable. Said work shall be for the account and at the <br />expense of the Developer. Developer shall be liable to the City <br />for any excess costs or damages suffered by the City. <br /> <br />-3- <br /> <br /> <br />