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One bond shall be in the amount of 100% of the total estimated cost of the work for each <br />stage of development, conditioned upon faithful performance of this Agreement, one bond in the <br />amount of 100% of the total estimated cost of the work for each stage of development shall <br />secure payment for labor and materials, and one bond in the amount often percent (10%) of the <br />estimated value of the public improvements for providing maintenance for a period of one year <br />following final acceptance by the City Council of said public improvements. <br />Instruments of credit shall be in an amount not less than 100% of the total estimated cost <br />of improvements which is as follows: <br />$4,160,300 <br />In the event of any breach by Subdivider, City may take over the work and prosecute the <br />same to completion by any method the City deems advisable. Said work shall be for the account <br />and at the expense of the Subdivider. Subdivider shall be liable to the City for any excess costs <br />or damages suffered by the City. <br />8. Financing. In the event City and the Subdivider enter a contract providing an <br />appropriate special assessment act for financing and improving streets and easements, the City <br />may consent to the following: <br />a. including this tract and other lands within said contracts, and <br />b. releasing improvement security as defined in Section 66499 of the <br />Government Code, where the assessment contract has filed surety bonds <br />for said improvements. <br />9. Defects. Subdivider shall be liable for defects in workmanship and materials on <br />all of the above described improvements for a period of one (1) year after City's acceptance and, <br />as security for liability against such defects, Subdivider shall file improvement or maintenance <br />security with the City, of a type approved by the City Attorney, in the amount often (10) percent <br />of the total estimated cost set forth above. <br />10. Workers' Compensation. Before commencing work under this contract, <br />Subdivider 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. If the Subdivider is <br />not the general contractor, then the general contractor shall provide the City with said certificate <br />of worker's compensation insurance prior to start of construction. If the insurance should lapse <br />during construction, City may procure such insurance for the Subdivider and the Subdivider shall <br />pay the cost. <br />11. Hold Harmless. Subdivider shall indemnify and hold City, its elective and <br />appointive Boards, Commissions, Council, officers, employees, and agents harmless from any <br />liability for damage or claims for damage for personal injury, including death, as well as from <br />claims from property damage, which may arise from Subdivider's work under this Agreement, <br />(Revised November 1998) <br />