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8. Financing. In the event City and the Developer enter a contract upon <br /> mutually agreeable terms providing an appropriate special assessment act for financing <br /> and improvement of streets and easements, the City may consent to the following: <br /> a. The inclusion of this commercial property and <br /> other lands within said contracts, and <br /> b. The release of improvement security as defined in <br /> Section 66499 of the Government Code, where the assessment <br /> contract has filed surety bonds for said improvements. <br /> 9. Defects. Developer shall be liable for defects in workmanship and <br /> materials on all of the above described improvements for a period of one (1) year after <br /> acceptance and, as security for liability against such defects, Developer's General <br /> Contractor shall file improvement or maintenance security, pursuant to section 7 above, <br /> with the City Clerk, of a type approved by the City Attorney, in the amount of ten (10) <br /> percent of the total estimated cost set forth above. <br /> 10. Workers' Compensation. Before commencing work under this contract, <br /> Developer's General Contractor shall take out and maintain during the course of this <br /> Agreement, such worker's compensation insurance as required by the laws of the State of <br /> California. If the Acting General Contractor is not the Developer, then the General <br /> Contractor will provide the City with said certificate of worker's compensation insurance <br /> prior to start of construction. On failing to do so, the City may procure such insurance <br /> for the Developer and the Developer shall pay the cost. <br /> 11. Hold Harmless Agreement. Developer hereby agrees to and shall hold <br /> City, its elective and appointive Boards, Commissions, officers, agents, and employees, <br /> harmless from any liability for damage or claims for damage for personal injury, <br /> including death, as well as from claims from property damage which may arise from <br /> Developer's contractors', subcontractors', agents', or employees' operation under this <br /> Agreement, whether such operations be by Developer or by any of Developer's <br /> contractors, subcontractors, or by any one or more persons directly employed by, or <br /> acting as agent for, Developer or any of Developer's contractors or subcontractors. <br /> Developer agrees to, and shall, defend City and its elective and appointive Boards, <br /> Commissions, officers, agents and employees from any suits or actions at law or equity <br /> for damages caused, or alleged to have been caused, by reason of any of the aforesaid <br /> operations. In addition to the above: <br /> a. That City does not, and shall not, waive any rights <br /> against Developer which it may have by reason of the aforesaid <br /> hold-harmless agreement, because of the acceptance by City, or the <br /> deposit with City by Developer, of any of the insurance policies <br /> described herein. <br /> b. That the aforesaid hold-harmless agreement by <br /> Developer shall apply to all damages and claims for damages of <br /> Public Improvement Agreement 5/31/2017 <br /> Page 4 of 8 <br />