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states that the problem is urgent and relates to the public health and safety, then <br />Developer will have twenty four (24) hours to correct, remedy or cure the default. If <br />Developer does not cure the default within the applicable timeframe, City may pursue the <br />remedies set forth in Section 21 (Remedies) below. <br />21. Remedies <br />21.1 City may proceed to complete the Work by contract or other method City <br />considers advisable, at the sole expense of Developer. Developer, immediately <br />upon demand, will pay the costs and charges related to the Work and any <br />subsequent repairs. City, without liability for doing so, may take possession of and <br />utilize in completing the Work and repairs, if any, such materials and other property <br />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 <br />securities will be liable to City to pay the face amount of the security, as specified <br />under Section12 (Performance, Labor and Materials and Warranty Security). <br />21.2 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 <br />administrative and legal costs or pursue any other action at law or equity. <br />21.3 Developer agrees that if legal action is brought by City under this section of <br />the Agreement, Developer will pay all of the costs of suit, reasonable attorney fees, <br />and such other costs as may be determined by the court. <br />21.4 No failure on the part of City to exercise any right or remedy hereunder will <br />operate as a waiver of any other right or remedy that City may have hereunder. <br />21.5 The rights and remedies of City are cumulative, and the exercise by City of <br />one or more of such rights or remedies will not preclude the exercise by it, at the <br />same or different times, of any other rights or remedies for the same default or any <br />other default. <br />22. 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 <br />engineer of record. <br />23. 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 />24. Notices. Any notices relating to this Agreement will be given in writing and <br />will be deemed sufficiently given and served for all purposes when delivered personally <br />REV: 10-25-24 VR <br />Page 12 of 23 <br />