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<br />2. <br /> <br />Security. Owner shall, prior to the commencement of any work on the <br /> <br />Improvements, furnish to City and file with the City Clerk a bond or instrument of credit of the <br /> <br />kind described in Section 66499, et seq., of the Government Code, securing the faithful <br /> <br />performance of all work and the construction of the Improvements mentioned in this Agreement <br /> <br />within the time herein specified. The amount of said security shall be One Million Six Hundred <br /> <br />Forty-six Thousand and No/100 Dollars ($1,646,000.00). Owner shall likewise, prior to the <br /> <br />commencement of any work on the Improvements, furnish and file with the City Clerk a bond, <br /> <br />deposit, or instrument of credit of the kind described in Sections 66499, et seq., of the <br /> <br />Government Code securing the payment by Owner of all bills for labor and materials incurred in <br /> <br />the construction of the Improvements and the doing of all other work herein agreed to be done <br /> <br />by Owner, with respect to the Improvements. The amount of said security shall be One Million <br /> <br />Six Hundred Forty-six Thousand and No/100 Dollars ($1,646,000.00). The aforementioned <br /> <br />security shall include, in addition to the principal amounts, a guarantee of the payment of costs <br /> <br />and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in the <br /> <br />event of successful enforcement of such security. <br /> <br />All bonds shall be issued by a corporate <br /> <br />surety admitted in the State of California. Bonds or instruments of credit shall be furnished and <br /> <br />filed by the Owner. <br /> <br />3. Hold Harmless. Owner shall protect, indemnify, and hold harmless the City, its <br /> <br />Council, boards, commissions, officers, agents, and employees, from and against any and all <br /> <br />liability, losses, damages, claims, causes of action, or actions arising out of any accident, <br /> <br />occurrence or incident resulting from, or alleged to have resulted from the construction of any of <br /> <br />the Improvements by Owner, the negligent performance of any contractual responsibility of <br /> <br />Owner, or any negligent action of Owner undertaken by Owner as a result of, or in the <br /> <br />furtherance of, such construction or other responsibility of Owner. Owner shall also protect, <br /> <br />Agmt-447 <br />F:lshlsh\Redwood\Council <br />FXS:djk <br />02/13/01 <br /> <br />3 <br />