RecDoc2025-000641 Subdivision Improvement Agreement 557 East Bayshore Road

Browse Search

19.5 Any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property. City may serve written notice of breach and default upon Developer and the financial institution holding the securities. 20. Opportunity to Cure. If City gives Developer notice under Section 19 (Notice of Breach and Default) of breach and default of this Agreement, Developer will have thirty (30) days within which to correct, remedy or cure the default. If the written notification states that the problem is urgent and relates to the public health and safety, then Developer will have twenty four (24) hours to correct, remedy or cure the default. If Developer does not cure the default within the applicable timeframe, City may pursue the remedies set forth in Section 21 (Remedies) below. 21. Remedies. 21.1 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, will 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 financial institution holding the securities will be liable to City to pay the face amount of the security, as specified under Section 12 (Performance, Labor and Materials and Warranty Security). 21.2 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. 21.3 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. 21.4 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. 21.5 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. 22. 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 REV: 10-02-24 VR ATTY/AGR.2024 178/Redwood Crossing LLC (557 E Bayshore IA) (Page 12 of 24)