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26. Final Drawings. Upon completion of the Work and prior to final acceptance, Butler shall <br />deliver to City a set of "as -built" drawings consistent with the Conditions. These drawings shall be in a <br />form acceptable to the City Engineer, shall be certified as being "as -built" and shall reflect the Work as <br />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 />27. Monuments. All pipes and monuments shown on the Parcel Map which are destroyed or <br />displaced during construction operations shall be replaced by Butler at the time of the final inspection of <br />the Improvements, if any. <br />28. Attornevs' Fees. Should any legal action or arbitration be brought by any party because <br />of breach of this Agreement or to enforce any provision of this Agreement, the prevailing parry 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 />29. 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, with notices to Butler to <br />be given to both Developer and Contractor: <br />To the Developer: Butler Realty III, LLC <br />204 Franklin St <br />Redwood City, CA 94036 <br />Attn: William L. Butler <br />To the Contractor: W.L. Butler Construction, Inc. <br />204 Franklin St <br />Redwood City, CA 94036 <br />Attn: William L. Butler <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 />30. Assignment by Butler. Butler may assign its obligations under this Agreement only with <br />the prior written approval of the City. In connection with any such assignment, Butler and its assignee <br />shall execute and deliver to City a written assignment and assumption agreement in a form reasonably <br />acceptable to the City Attorney. <br />31. Binding Unon 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 />ATTY/AGR/2017.029/1629 MAIN STREET—SUBDIVISION IMPROVEMENT <br />REV: 02-06-17 PR <br />Page 11 of 27 <br />