RecDoc2023-063040 Subdivision Improvement Agreement Broadway Plaza

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necessary for completion of the work. In the event of default, the financial institution holding the securities will be liable to City to pay the face amount of the security, as specified under Section 13. 25.2 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. 25.3 Developer agrees that if legal action is brought by City under this section of the Agreement, Developer will pay all of the costs of suit, reasonable attorney fees, and such other costs as may be determined by the court. 25.4 No failure on the part of City to exercise any right or remedy hereunder will operate as a waiver of any other right or remedy that City may have hereunder. 25.5 The rights and remedies of City are cumulative, and the exercise by City of one or more of such rights or remedies will 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 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. 27. Monuments. All pipes and monuments shown on the Parcel Map 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. 28. Attorneys' Fees. 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. 29. 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 REV: 04-12-2023 SK ATTY/AGR.2023.70/SI XX, LLC (Broadway Plaza SIA) (Page 15 of 32)