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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 /> With a copy to: Rutan & Tucker <br /> 611 Anton Blvd, 14th Flr. <br /> Costa Mesa, CA 92626 <br /> Attn: Murcia Forsyth <br /> To the City: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, California 94063 <br /> Attn: City Manager <br /> With a copy to: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, California 94063 <br /> Attn: City Attorney <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 Page 13 of 27 <br /> REV: 05-28-15 VR <br />