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have been filed with the City Clerk prior to the execution of this <br />Agreement, as a part of the existing improvement district proceedings, and <br />e. a maintenance bond for a period of one year from the date of acceptance <br />of the grading, valued at ten percent (10%) of the estimated value of the <br />grading.. <br />One bond shall be in the amount of 100% of the total estimated cost of the work , <br />conditioned upon faithful performance of this Agreement, one bond in the amount of 100% of <br />the total estimated cost of the work shall secure payment for labor and materials, and one bond <br />in the amount often percent (10%) of the estimated value of the work. <br />Instruments of credit shall be in an amount not less than 100% of the total estimated cost <br />of the grading which is as follows: <br />$1,410,000.00 <br />In the event of any breach by Developer, 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 Developer. Developer shall be liable to the City for any excess costs or <br />damages suffered by the City. <br />8. Financing. In the event City and the Developer enter a contract upon mutually <br />agreeable terms providing an appropriate special assessment act for financing and improvement <br />of streets and easements, the City may consent to the following: <br />a. The inclusion of this tract and other lands within said contracts, and <br />b. The release of 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. 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 Clerk, of a type approved by the City Attorney, in the amount often (10) percent of the total <br />estimated cost set forth above. <br />10. Workers' Compensation. Before commencing work under this contract, <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. If the General <br />Contractor is not the Developer, then the General Contractor will provide the City with a <br />certificate of worker's compensation insurance prior to start of construction. On failing to do so, <br />the City may procure such insurance for the Developer and the Developer shall pay the cost. <br />11. Hold Harmless Agreement. Developer hereby agrees to and shall hold City, its <br />elective and appointive Boards, Commissions, off cers, agents, and employees, harmless from <br />SUBDIVISION AGREEMENT -Mass Grading Agreement <br />Tract 7381, Busch/Ponderosa Property <br />Page 3 of 7 <br />