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In addition, Developer shall deposit with City $35,000 as security for construction hazards and <br />erosion ($25,000) and tree preservation ($10,000). Any unused portion of such deposit shall be <br />returned to the Developer on the first anniversary of the acceptance by the City of the work. <br />In the event of any breach by Developer, City may take over the work and prosecute the same to <br />completion by any method the City deems advisable. The work shall be for the account and at <br />the expense of the Developer. Developer shall be liable to the City for any excess costs or <br />damages suffered by the City. <br />8. Defects. Developer shall be liable for defects in workmanship and materials on <br />all of the above described work for a period of one year after acceptance and, as security for <br />liability against such defects, Developer shall file improvement or maintenance security with the <br />City, of a type approved by the City Attorney, in the amount often (10) percent of the total <br />estimated cost set forth above as required by paragraph 7, above. <br />9. Workers' Compensation. Before commencing work under this Agreement, <br />Developer shall take out and maintain during the course of this Agreement, such worker's <br />compensation insurance as required by the laws of the State of California. On failing to do so, <br />the City may procure such insurance for the Developer and the Developer shall pay the cost. <br />10. Indemnification/Hold Harmless. Developer shall indemnify, defend and hold <br />City, its elective and appointive Council, Commissions, officers, agents, and employees, <br />harmless from any liability for damage or claims for damage for personal injury, including death, <br />as well as from claims for property damage which may arise from the work of Developer, or <br />Developer's contractors, subcontractors, agents, or employees under this Agreement, whether <br />such work be by Developer or by any of Developer's contractors, subcontractors, or by any one <br />or more persons directly employed by, or acting as agent for, Developer or any of Developer's <br />contractors or subcontractors excepting therefrom any liability caused solely by any indemnitee's <br />gross negligence or willful misconduct. In addition: <br />a. City does not, and shall not, waive any rights against Developer which it <br />may have by reason of this paragraph, because of the acceptance by City, <br />or the deposit with City by Developer, of any of the insurance policies <br />described herein. <br />b. This paragraph shall apply to all damages and claims for damages of every <br />kind suffered, or alleged to have been suffered, by reason of any of the <br />work referred to in this Agreement, regardless of whether or not City has <br />prepared, supplied or approved of, plans or specifications for the grading, <br />or regardless of whether or not such insurance policies shall have been <br />determined to be applicable to any of such damages or claims for <br />damages. <br />SUBDIVISION AGREEMENT -Mass Grading Agreement <br />Tract 7381, Buscii/Ponderosa Property <br />Page 3 of 6 <br />