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• <br /> 0 410 <br /> bonds have been filed with the City Clerk prior to <br /> the execution of this agreement, as a part of the <br /> existing improvement district proceedings. <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 /> 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 /> $138,000. 00 <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 /> 7. Financing. In the event City and Developer enter a con- <br /> tract upon mutually agreeable terms providing an appropriate special <br /> assessment act for financing and improvement of this sanitary sewer <br /> outfall line, the City may consent to the following: <br /> a. The inclusion of this tract and other lands within <br /> said contracts, and <br /> b. 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 /> 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 /> 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. If the Acting General Contractor <br /> is not the Developer, 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 Developer and the Developer shall <br /> pay the cost. <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 /> -3- <br /> • <br />