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(b) Separate improvement security in the sum of NINE MILLION DOLLARS ($9,000,000.00), which sum is equal to one hundred percent (I00 %) of the estimated cost of constructing the required improvements, security payment to the contractor. his subcontractor and to persons furnishing labor, materials or equipment to them for the construction of the required irnprovements, and for the payment of amounts due under the Unemployment Insurance Act with respect to such work or labor in connection with the installation of such improvements. The form of the improvement security shall be subject to the approval of the City Attomey. Improvement security shall be reduced or released by City only in the manner provided by the City Engineer. No change, alteration or addition to the terms of this Agreement or the plans and specifications accompanying the same shall in any manner affect the obligation of those providing improvement security pursuant to this Agreement. 14. Maintenance Security. Concurrently with the acceptance of work described hereof Owner shall furnish the City a maintenance and repair security in a form acceptable to the City Engineer in the amount of NINE HUNDRED THOUSAND DOLLARS ($900,000.00), 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 Owner fails, neglects or refuses to maintain 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. 15. Hold Harmless Agreement. Owner hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents and employees harmless from and against any or all Toss, liability, expense, claim, costs, suits, damages of every kind, nature and description directly or indirectly arising from the performance of the work from Owner. Owner's contractors'. subcontractors. agents' or employees' operations under this Agreement. Owner 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: STANDARD PUBLIC IMPROVEMENT AGREEMENT Page 5 of 13 G: \_LD \_Addrss\M\Marina Blvd 1701 (Kaiser)10frsite improvement plans \Public Improvement Agreement 2500 Merced.doc