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24. Opportunity to Cure. If City gives Developer notice under Section 23 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 />25. Remedies. <br />25.1 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 and <br />supply of copies of all invoices for costs and charges incurred by the City, shall pay the 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 />25.2 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 />25.3 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 />25.4 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 />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 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 />27. Monuments. un <br />All pipes and monuments shown on the Parcel 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. 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 />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 />ATN/AGR/2019.063/MP BRADFORD ASSOCIATES, L.P., -IMPROVEMENT AGREEMENT <br />REV: 03-21-19 PR <br />Page 10 of 21 <br />