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Cash or instru/nents of credit shall <br />than 100% of the total estimated cost of <br />follows: <br /> <br />$1,209,000.00 <br /> <br />be in an amount not less <br />improvements which is as <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. Assessment District Credit. Developer has requested the <br />formation of a Special Assessment or other Benefit"District in <br />order to be reimbursed for the cost of the project. <br /> <br />City agrees to consider the establishment of such District. <br /> <br /> 8. Defects. Developer 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 security for liability <br />against such defects, Developer shall file improvement or maintenance <br />security with the City Clerk, of a type approved by the City Attorney, <br />in the amount of 40% of the total estimated cost set forth above. <br /> <br /> 9. Worker's Compensation. Before commencing work under this <br /> contract, Developer 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. On failing to do so, the City <br />· may procure such insurance for the Developer and the Developer shall <br /> pay the cost. <br /> <br /> 10. Hold Harmless Agreement. Developer 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 Developer's <br />contractors', subcontractors', agents' or employees' operation under <br />this agreement, whether such operations be by Developer or by any of <br />Developer's contractors, subcontractors, or by any one or more per- <br />sons directly employed by, or acting as agent for, Developer or any <br />of Developer's contractors or subcontractors. Developer agrees to, <br />and shall, defend City and its elective and appointive Boards, <br />Commissions, officers, agents and employees from any suits or actions <br />at law or equity for damages caused, or alleged to have been caused, <br />by reason of any of the aforesaid operations. In addition to the above: <br /> <br />That City does not, and shall not, waive any rights <br />against Developer which it may have by reason of the <br />aforesaid hold-harmless agreement, because of the <br />acceptance by City, or the deposit with City by <br />Developer, of any of the insurance policies described <br />herein. <br /> <br /> <br />