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23. Opportunity to Cure. If City gives Developer notice under Section 22 of <br />breach and default of this Agreement, Developer will have thirty (30) days within which to <br />correct, remedy or cure the default. If the written notification states that the problem is <br />urgent and relates to the public health and safety, then Developer will have twenty four <br />(24) hours to correct, remedy or cure the default. If Developer does not cure the default <br />within the applicable timeframe, City may pursue the remedies set forth in Section 24 <br />below. <br />24. Remedies. <br />24.1 City may proceed to complete the Work by contract or other method <br />City considers advisable, at the sole expense of Developer. Developer, <br />immediately upon demand, will pay the costs and charges related to the Work and <br />any subsequent repairs. City, without liability for doing so, may take possession <br />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 <br />necessary for completion of the work. In the event of default, the financial <br />institution holding the securities will be liable to City to pay the face amount of the <br />security, as specified under Section 13. <br />24.2 City may bring legal action to compel performance of this Agreement <br />and recover the costs of completing the Work and/or repairs, if any, including City's <br />administrative and legal costs or pursue any other action at law or equity. <br />24.3 Developer agrees that if legal action is brought by City under this <br />section of the Agreement, Developer will pay all of the costs of suit, reasonable <br />attorney fees, and such other costs as may be determined by the court. <br />24.4 No failure on the part of City to exercise any right or remedy <br />hereunder will operate as a waiver of any other right or remedy that City may have <br />hereunder. <br />24.5 The rights and remedies of City are cumulative, and the exercise by <br />City of one or more of such rights or remedies will not preclude the exercise by it, <br />at the same or different times, of any other rights or remedies for the same default <br />or any other default. <br />25. Final Drawings. Upon completion of the Work and prior to final acceptance, <br />Developer will deliver to City a set of "as -built" drawings consistent with the Conditions. <br />These drawings will be in a form acceptable to the City Engineer, will be certified as being <br />"as -built" and will reflect the Work as actually constructed, with any and all changes <br />incorporated therein. Said drawings will be signed and sealed as accurate by the engineer <br />of record. <br />26. Monuments. All pipes and monuments shown on the Final Map which are <br />destroyed or displaced during construction operations will be replaced by Developer at <br />the time of the final inspection of the Improvements, if any. <br />REV: 01-24-20 PR <br />ATTY/AGR.2020.014Nalera Fooksman (Page 12 of 22) <br />