AgdaPkt 2012-06-25 - Laserfiche WebLink

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6.1.1. - Page 14 (�) Developer or Develaper's contractors, subcon�ractors, agents or employees, fail ta comply with any terms or conditions of this Agreennent. (5j Any delay in the cnnst�uction of any partion of the Work or repairs,wlaich in the reasonable opinion of the City Engineer,endangers public orr private property. City may serve written notice of breach and default upon Developer and the financial instiitution�alding the securities. 24. ,O�nartunity �o Cure. If City gives De�eloper notice under Seotion 24 af breach and default of this Ag�•eement, Develaper shall have 30 days within vvhioh to co��eet, remedy or cure the dafault. If the wrif�en notification states that the problem is urge�t and relates to the public health and safety, then Developer shall ha�re 24 haurs to correct, rerr�edy or cure the default. If Developer does not cure the dsfault within the applicable timeframe, CiLy may pursue �he remedies set forth in Section 25 below. 2S. Remedies. 25.2 City may proceed to cornptete �e Work by contract or other method City co�siders advisable, at the sole expense of Developer. Developer, immediately upon dennand, shall pay tha costs and charges related to the Work and any subsequent repairs. City, without liabiliry for doing so, may take possession of and utilize in completing the Work and repairs, if any, such materiais and otl�er property belonging to Developer as may be on or about the Property and necessary for completion of the wark. In the event of default,the�nancial institution holding the securities shall be liable to City to pay the face amount of the security, as specified under Sectian 12. 25.2 City may bring legal action to compel perfarmance of this Agreernent and recover the costs of campleting the Work and/or repairs, if any, including City's administ�•ative and legal costs or pursue any other ac�ian at law or equity. 2�.3 Develope�• agrees that if legal action is brougl�t by City under this section of t�e Agreetnent,Developer shall pay all of tha casts o£suit; reasonable attorney feas, arbitrat�an cas#s and such other costs as may be determined by the court or arbitratar. 25.4 No failure on the part of City to exercise any right ar remedy �ereunder shall operate as a waiver af any other right or remedy that City rnay have hereunder. 25.5 The rights and remedies of City are cumulative, and the exercise by City of one or m.ore of such rights or remedies shall not preciude the exercise by it, at the sazne ar different times, of any other rights or ret�edies for the same default or an�other default. 2b. Finat Drawin s. Upon completion o�the Worlc and prior to final acceptance, Daveloper shall deliver to City a set of"as-built" drawings consistent with the Conditions. These drawings shall be in a form acceptable to t�e City Engineer, shall be certified as being"as-buil�"and shall raflect t�e Work as actually constructed,with any and all cl�anges incorporated tharein. Said dravvings shall be signed and sealed as accurate by the engineet•of record. 27. Monuments. A11 pipes and monuments shown o�the Final Map which are desL-royed or displaced during constrtaction operations shall be replaced by Developer at the time of the final inspection of the Improvements, if any. ATi"YlAGR12012.0551SUBDIVISIaN IMPROVEMENTAGREEMEN7201 MARSHALL REV:06-05-12 VR Page 9 of 16