RecDoc2023-001826 242 Walnut Street

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at the same or different times, of any other rights or remedies for the same default or any other default. 24. Final Drawings. Upon completion of the Work and prior to final acceptance, Developer will deliver to City a set of "as -built" drawings consistent with the Conditions. These drawings will be in a form acceptable to the City Engineer, will be certified as being "as -built" and will reflect the Work as actually constructed, with any and all changes incorporated therein. Said drawings will be signed and sealed as accurate by the engineer of record. 25. Monuments. All pipes and monuments which are destroyed or displaced during construction operations will be replaced by Developer at the time of the final inspection of the Improvements, if any. 26. Attorneys' l=ees. Should any legal action be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party will be entitled to all costs of suit, reasonable attorneys' fees and such other costs as may be determined by the court. 27. Notices. Any notices relating to this Agreement will be given in writing and will be deemed sufficiently given and served for all purposes when delivered personally or by 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 follows: To Developer: PBA II, LLC 323 Pine Street, Ste I Sausalito, CA 94965 With a copy to: Crosspoint Realty Services 20211 Patio Drive, Ste 145 Castro Valley, CA 94546 To City: City of Redwood City 1017 Middlefield Road Redwood City, California 94063 Attn: City Manager With a copy to: City of Redwood City 1017 Middlefield Road Redwood City, California 94063 Attn: City Attorney REV: 09-23-22 JB ATTY/AGR.2022.359/PBA II, LLC (242 Walnut Street) (Page 10 of 15)