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d) guaranteeing the City for a period of one (1) year following the completion and acceptance of the work herein
<br />agreed to be performed by Subdivider against any work or labor done, or materials furnished which are
<br />defective or not in accordance with the terms of this agreement, the amount of said bond to be
<br />Fifty One Thousand Five Hundred 00/xx Dollars ($51,500.00).
<br />3. Subdivider does hereby expressly agree to indemnify and hold harmless the City, its officers, agents and
<br />employees, from any and all loss of damage, and from any and all liability for any and all loss and damage and from any
<br />and all suits, actions or claims filed or brought by any and all persons or person because of or resulting from the doing
<br />by Subdivider of any and all things required of Subdivider by this Agreement, or because of or arising or resulting from
<br />the failure or omission by Subdivider to do any and all things necessary to and required by this Agreement or by law, or
<br />arising or resulting from the negligent doing by Subdivider, its agents, employees, contractors or subcontractors of any
<br />and all things required to be done by this Agreement, or arising or resulting from any dangerous or defective condition
<br />arising or resulting from any of the above said acts or omissions of Subdivider, its agents, employees, contractors or
<br />subcontractors, or arising or resulting from any dangerous or defective condition arising or resulting from any
<br />negligence on the part of Subdivider, its agents, employees, contractors or subcontractors.
<br />4. Because Subdivider, through its predecessor in interest, has, by his certificate upon the above-mentioned
<br />subdivision map, certified that he can convey to City clear title to the land within said subdivision and because City has
<br />relied upon said certificate and the representations contained therein, and because Subdivider has been required, as a
<br />condition precedent to approval of the tentative map for said subdivision, to convey, before recording of the final map,
<br />clear title to certain land outside and appurtenant to the subdivision for streets, highways, alleys, bike trails, ways and
<br />easements which the appropriate officer or agency of the City of Santa Ana has determined to be necessary for the
<br />general use of the lot owners in the subdivision and local neighborhood traffic, drainage and sanitary needs and has
<br />conveyed to the City such land in order that the said final map may be recorded, and because the City has relied upon
<br />said conveyances as conveying to City clear title to such land, the provisions of Paragraph 3 are specifically made to
<br />apply to the destruction or damage to or removal of utilities, water lines or pipe lines of any kind, or any other
<br />improvement, whether said destruction, damage or removal is required or caused by the plans or specifications or by
<br />direction of an officer, agent or employee of the City.
<br />5. Subdivider shall furnish to City and file with the City Clerk policies of public liability insurance, naming the
<br />City, its officers and employees as the insured, insuring said insured against loss or liability for bodily injury and
<br />property damage arising or resulting from Subdivider's operations and activities in the construction of any and all
<br />improvements mentioned in this agreement and the doing of any and all work mentioned in this agreement, within or
<br />outside the above-mentioned subdivision, and/or arising or resulting from the doing or failure of Subdivider to do all
<br />things required to be done pursuant to this agreement. Said policies of insurance shall be subject to approval by the City
<br />Attorney.
<br />6. Subdivider shall pay to City sanitary sewer connection fees and sewer mains and lateral charges as a condition
<br />precedent to the issuance of sewer main or lateral construction permits in accordance with Sections 39-52 and 39-53 of
<br />the Santa Ana Municipal Code.
<br />7. Subdivider shall pay City water main charges for any existing water mains, fire hydrants or water services
<br />famished or installed by City and as a condition precedent to the issuance of water line and water service permits in
<br />accordance with Section 39-22 of the Santa Ana Municipal Code.
<br />8. Subdivider shall pay Edison Company for the furnishing and installation of concrete street light standards at
<br />locations shown on and required by the plans and specifications and Subdivider shall excavate the trenches and place
<br />conduit at the locations shown on and required by the plans and specifications. The street light installation and conduit
<br />placement shall be accomplished as a part of the improvements under this agreement.
<br />9. Subdivider shall pay to the City such amount of fees as may be determined by City's Director of Public Works
<br />to be applied by City to the payment of expenses to be incurred by City for map and plan checking and engineering and
<br />inspection services to be performed by City in connection with the said subdivision. The above said monies to be paid
<br />for map and plan checking and engineering and inspection shall be paid to the City of Santa Ana as a condition
<br />precedent to approval of plans and permits for inspection.
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