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cure the default within the applicable timeframe, City may pursue the remedies set forth in Section 26 <br />below. <br />25. Remedies. <br />251 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 />shall pay the costs and charges related to the Work and any subsequent repairs. City, without <br />liability for doing so, may take possession of and utilize in completing the Work and repairs, if <br />any, such materials and other property belonging to Developer as may be on or about the Property <br />and necessary for completion of the work. In the event of default, the financial institution holding <br />the securities shall be liable to City to pay the face amount of the security, as specified under <br />Section 13. <br />252 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 />253 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 />25A 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 />25.5 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 />26. Final Drawines. 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 />27. 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 />28. Attomevs' 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 />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: <br />To the Developer. KB Home South Bay, lac. <br />REV. 06-20-18 PR <br />Page 10 of 1s <br />ATTY/AGR.2018.136/6D1 EI Camino Subdivision Improvement Agreement <br />