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<br />maintenance and repair security in a form acceptable to the City Engineer in the amount of FIFTEEN <br /> <br />THOUSAND AND SEVEN HUNDRED NINTY DOLLARS ($15.790.00) to guarantee that all areas to <br /> <br />be improved are free from defect for a period of one year after initial acceptance of entire work by the City. <br /> <br />In the event Subdivider fails, neglects or refuses to maintain and repair said areas, City is hereby authorized <br /> <br />to expend all or any portion of said deposit during construction and during the one year maintenance period <br /> <br />to accomplish the above. Upon notice by City and should it become necessary for City to utilize said <br /> <br />deposit to correct deficiencies, Subdivider shall pay sufficient monies to City to maintain this cash deposit at <br /> <br />not less than FOUR HUNDRED DOLLARS ($400.00) until final inspection of all the improvements and <br /> <br />final acceptance of all public improvements. Any unexpended amount will be retumed to the Subdivider at <br /> <br />the time all bonds and securities are released. <br /> <br />15. Hold Ham1less Agreement. Subdivider hereby agrees to, and shall, hold City, its elective and <br /> <br />appointive boards, commissions, officers, agents and employees harmless from and against any or all loss, <br /> <br />liability, expense, claim, costs, suits, damages of every kind, nature and description directly or indirectly <br /> <br />arising from the performance of the work from Subdivider, Subdivider's contractors', subcontractors', agents' <br /> <br />or employees' operations under this Agreement. Subdivider agrees to, and shall, defend City and its elective <br /> <br />and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in <br /> <br />equity for damages caused or alleged to have been caused, by reason of any of the aforesaid operations; <br /> <br />provided as follows: <br /> <br />a. That City does not, and shall not, waive any rights against Subdivider which it may <br /> <br />have by reason of the aforesaid hold harmless agreement, because of the <br /> <br />acceptance by City, or the deposit with City by Subdivider, of any ofthe insurance <br /> <br />policies described in paragraph 16 hereof. <br /> <br />b. That the aforesaid hold harmless agreemcnt by Subdivider shall apply to all <br /> <br />damages and claims for damages of cvery kind suffered, or alleged to have been <br /> <br />suffered, by reason of any of the aforesaid operations referred to in this parabTfaph, <br /> <br />regardless of whether or not City has prepared, supplied, or approved of plans <br /> <br />TRACT MAl' 7497 <br />SUBDIVISION IMPROVEMENT AGREEMENT <br />G:\_LO\Jract Map & Parcel Map\TM7497-915 Lewelling Ulvd\SUBIMP,AGR,doc PAGE 6 OF 16 <br />