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_• <br />does not include as reimbursable costs all the costs and expenses <br />incurred or paid pursuant to this Agreement,. those costs and <br />expenses not reimbursable by the assessment district shall be the <br />sole responsibility of Developer. <br />9. Maintenance Obligations. The developer shall enter into <br />a separate agreement with the City for the maintenance of all <br />lighting and landscaping along Avenue A as well as the <br />landscaping within the 33 foot P.S.E. along Santa Rita Road. <br />10. Defects. Developer shall be liable for defects in <br />workmanship and materials on all of the .above-described <br />improvements for a period of one (1)..year after acceptance, and, <br />r~ <br />as security for liability against such defects, Developer shall <br />file .improvement or maintenance security with the City Clerk, of <br />a type approved by the .City Attorney,. in the amount of 100 of the <br />r-- <br />total estimated cost set forth above.:.. <br />11. Worker's Compensation. Before commencing work under <br />this contract, Developer. shall take. out and maintain during the <br />course of this agreement, such worker's compensation :insurance as <br />required by the laws of the State of California. On failing to <br />do so the City may procure. such insurance for the Developer and <br />the Developer shall pay the cost. <br />12. Hold Harmless Agreement. Developer. hereby agrees to, <br />and: shall, hold City, its elective and. .appointive Boards, <br />Commissions, officers, agents, and employees, harmless from any <br />liability for damage or claims for damage for personal injury, <br />including death, as well -as from claims from property damage <br />which .may arise from Developer's. contractors', subcontractors', <br />agents' or employees' operation under this agreement, whether <br />~, _ <br />