AgdaPkt 2019-11-25 Joint SA PFA - Laserfiche WebLink

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6.R.:= Page 13 of 27 251 City may proceed to complete the Work by contract or other method City considers advisable, at the sole expense of Developer. Developer; immediately upon.demand, shall pay the costs and charges related to -the Work and any subsequent repairs. City, without liability for doing so, may take possession of and utilize in completing the Work and repairs, if any, such materials and other property belonging to Developer as may be on or about the Property and necessary for completion of the work. In the event of default, the :f nancial institution holding the securities shall be liable to City to pay the face amount of the security, as specified under Section 13. 252 City .may bring legal action to compel performance of this. Agreement and recover the costs of completing -the Work and/or repairs, if any, including City's administrative and legal costs or pursue any other action at law or equity. 253 Developer agrees that if legal action is brought by City under this section of the Agreement, 'Developer shall pay all of the costs of suit, reasonable attorney fees, arbitration costs and'such other costs as may be determined by the court or arbitrator. 25A No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder: 255 The rights and remedies of City are cumulative, and `the exercise by City of one or more of such rights or remedies shall not .preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default. .26. Final Drawin s. Upon completion of the Work and pnor to final acceptance, Developer shall deliver to City a set of "as=built" drawings consistent with the Conditions. These drawings shall be in a form,acceptable to the City Engineer; shall be certified as being "as -built" and shall reflect,the Work as actually constructed, with any and all changes incorporated therein. Said drawings shall be signed' and sealed as accurate by the engineer of record: 27. Monuments. All pipes and monuments shown on the Final Map which are destroyed -or displaced during construction operations shall be replaced by Developer at the time of the final inspection of the Improvements, if any. 28. Attorneys' Fees. Should any legal action. or arbitration be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit, reasonable attorneys' fees, arbitration costs and such other costs as may be determined by the court or -arbitrator. 29. Notices. Any notices relating to this -Agreement shall be ,given in writing -and shall be deemed sufficiently given and served for all purposes when delivered personally or I y generally recognized overnight courier service, or five (5) days after deposit .in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as .foll6ws: To the Developer: RWC ECR Venture, LLC 221 Main Street #1280 San Francisco, CA 94105 Attn: Jonathan Hayes With a copy to: Rutan & Tucker 611 Anton Blvd, le Flr REV: 01;21-16 VR Page 10 of 19 ATTYIAGR.2016.0091RWC ECR Venture, .LLC - to 100