Agmt 2004 Cherrybrooke LP (2) - Laserfiche WebLink

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THOUSAND AND NINE HUNDRED FIFTY DOLLARS ($7,950.00) to guarantee that all areas to be improved are free from defect for a period of one year after initial acceptance of entire work by the City. In the event Subdivider fails, neglects or refuses to maintain and repair said areas, City is hereby authorized to expend all or any portion of said deposit during construction and during the one year maintenance period to accomplish the above. Upon notice by City and should it become necessary for City to utilize said deposit to correct deficiencies, Subdivider shall pay sufficient monies to City to maintain this cash deposit at not less than FOUR I~I.JNDRED DOLLARS ($400.00) until fmal inspection of all the improvements and final acceptance of all public improvements. Any unexpended amount will be returned to the Subdivider at the time all bonds and securities are released. 15. Hold Harmless Agreement. Subdivider hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents and employees harmless from and against any or all loss, liability, expense, claim, costs, suits, damages of every kind, nature and description directly or indirectly arising from the performance of the work from Subdivider, Subdivider's contractors', subcontractors', agents' or employees' operations under this Agreement. Subdivider agrees to, and shall, defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused or alleged to have been caused, by reason of any of the aforesaid operations; provided as follows: a. That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Subdivider, of any of the insurance policies described in paragraph 16 hereof. b. That the aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied, or approved of plans TRACT MAP 7413 SUBDNISION IMPROVEMENT AGREEMENT (PUBLIC IMPROVEMENT') G:A LD\ Tract Map & Parcel Map\TM7413-Hesperian 16 units\SUBIMP(public).AGR.doc PAGE 6 OF 16