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maintenance and repair security in a form acceptable to the City Engineer in the amount of THIl2TY- <br />THREE THOUSAND AND T~IREE HUNDRED FORTY DOLLARS ($33,310.00) to guarantee that all <br />areas to be improved are free from defect for a period of one year after initial acceptance of entire work by <br />the City. In the event Subdivider fails, neglects or refuses to maintain and repair said areas, City is hereby <br />authorized to expend all or any portion of said deposit during construction and during the one year <br />maintenance period to accomplish the above. Upon notice by City and should it become necessary for City <br />to utilize said deposit to correct deficiencies, Subdivider shall pay sufficient monies to City to maintain this <br />cash deposit at not less than FOUR HUNDRED DOLLARS ($400.00) until final inspection of all the <br />improvements and final acceptance of all public improvements. Any unexpended amount will be retunied <br />to the Subdivider at the time all bonds and securities are released. <br />15. Hold Harmless Agreement. Subdivider hereby agrees to, and shall, hold City, its elective and <br />appointive boards, commissions, officers, agents and employees harmless from and against any or all loss, <br />liability, expense, claim, costs, suits, damages of every kind, nature and description directly or indirectly <br />arising from the performance of the work from Subdivider, Subdivider's contractors', subcontractors', agents' <br />or employees' operations under this Agreement. Subdivider agrees to, and shall, defend City and its elective <br />and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in <br />equity for damages caused or alleged to have been caused, by reason of any of the aforesaid operations; <br />provided as follows: <br />a. That City does not, and shall not, waive any rights against Subdivider which it may <br />have by reason of the aforesaid hold harmless agreement, because of the <br />acceptance by City, or the <br />deposit with City by Subdivider, of any of the insurance policies described in <br />paragraph 16 hereof. <br />b. That the aforesaid hold harmless agreement by Subdivider shall apply to all <br />damages and claims for damages of every kind suffered, or alleged to have been <br />suffered, by reason of any of the aforesaid operations referred to in this paragraph, <br />TRACT MAP '7382 <br />SUBDIVISION IMPROVEMENT AGREPMENT (PUBLIC IMPROVEMENT) <br />G:A_LD\ Tract Map&ParcelMap\Tm7382HohenerProp\SUBiMP(public).AGR.doc <br />PAGE 6 OF 16 <br />