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7.3.A. - Page 12 <br /> • <br /> 25, Opportunity to Cure. If City gives Developer notice under Section 24 of breach and <br /> default of this Agreement, Developer shall have 30 days within which to correct, remedy or cure the <br /> default. If the written notification states that the problem is urgent and relates to the public health and <br /> safety,then Developer shall have 24 hours to correct,remedy or cure the default. If Developer does not <br /> cure the default within the applicable timeframe, City may pursue the remedies set forth in Section 26 <br /> below. <br /> 26. Remedies, <br /> 26.1 City may proceed to complete the Work by contract or other method city <br /> considers advisable, at the sole expense of Developer. Developer, immediately upon demand <br /> which sets forth in adequate detail the amounts to be paid, shall pay the reasonable costs and <br /> charges related to the Work and any subsequent repairs. City,without liability for doing so,may <br /> take possession of and utilize in completing the Work and repairs,if any,such materials and other <br /> property belonging to Developer as may be on or about the Property and necessary for <br /> completion of the work. In the event of default, the financial institution holding the securities <br /> shall be liable to City to pay the face amount of the security,as specified under Section 13. <br /> 26.2 City may bring legal action to compel performance of this Agreement and <br /> recover the costs of completing the Work and/or repairs, if any, including City's administrative <br /> and legal costs or pursue any other action at law or equity. <br /> 26.3 Developer agrees that if legal action is brought by City under this section of the <br /> Agreement,Developer shall pay all of the costs of suit,reasonable attorney fees,arbitration costs <br /> and such other costs as may be determined by the court or arbitrator. <br /> 26.4 No failure on the part of City to exercise any right or remedy hereunder shall <br /> operate as a waiver of any other right or remedy that City may have hereunder. <br /> 26,5 The rights and remedies of City are cumulative,and the exercise by City of one <br /> or more of such rights or remedies shall not preclude the exercise by it, at the same or different <br /> • times,of any other rights or remedies for the same default or any other default. <br /> 27. Final Drawings. Upon completion of the Work and prior to final acceptance,Developer <br /> shall deliver to City a set of"as-built"drawings consistent with the Conditions. These drawings shall be <br /> in a form acceptable to the City Engineer,shall be certified as being"as-built"and shall reflect the Work <br /> as actually constructed,with any and all changes incorporated therein, Said drawings shall be signed and <br /> sealed as accurate by the engineer of record. <br /> 28. Monuments. All pipes and monuments shown on the Final Map which are destroyed or <br /> displaced during construction operations shall be replaced by Developer at the time of the final inspection <br /> of the Improvements,if any. <br /> 29, Attorneys'Fees, Should any legal action or arbitration be brought by either party because <br /> of breach of this Agreement or to enforce any provision of this Agreement,the prevailing party shall be <br /> entitled to all costs of suit, reasonable attorneys' fees, arbitration costs and such other costs as may be <br /> determined by the court or arbitrator. <br /> 30. Notices, Any notices relating to this Agreement shall be given in writing and shall be <br /> deemed sufficiently given and served for all purposes when delivered personally or by generally <br /> ATTY/AGRI2012,06512580 ECR(URBAN HOUSING)SUBDIVISION IMPROVEMENT AGREEMENT <br /> REV:06-05-12 VR <br /> Page 10 of 16 <br /> • <br />