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<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 />29. 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 />30. 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 />31. 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 />recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or <br />registered, return receipt requested, with postage prepaid, addressed as follows: <br />To the Developer: Redwood City Jefferson, LLC <br /> 221 Main Street #1280 <br /> San Francisco, CA 94105 <br /> Attn: Jonathan Hayes <br /> <br />With a copy to: Rutan & Tucker <br /> 611 Anton Blvd, 14th Flr. <br /> Costa Mesa, CA 92626 <br /> Attn: Murcia Forsyth <br /> <br />To the City: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, California 94063 <br /> Attn: City Manager <br /> <br />With a copy to: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, California 94063 <br /> Attn: City Attorney <br /> <br />32. Assignment by Developer. Developer may assign its obligations under this Agreement <br />only with the prior written approval of the City. In connection with any such assignment, Developer and <br />its assignee shall execute and deliver to City a written assignment and assumption agreement in a form <br />reasonably acceptable to the City Attorney. <br />33. Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of <br />this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto. <br />34. Interpretation. The word “including” shall be construed as if followed by the words <br />“without limitation.” All exhibits and attachments to this Agreement are incorporated by reference as <br />though fully restated herein. This Agreement shall be interpreted as though prepared jointly by both <br />parties. Section headings in this Agreement are for convenience only and are not intended to be used in <br />interpreting or construing the terms, covenants or conditions contained in this Agreement. <br />ATTY/AGR/2015.107/GREYSTAR - 103 WILSON - IA WITH TIF CREDIT <br />REV: 05-28-15 VR <br />Page 13 of 27 <br />7.1.D. - Page 49