AgdaPkt 2012-06-25 - Laserfiche WebLink

Browse Search

6.1.J. - Page 13 25. Opportunitv to Cure. If City gives Developer notice under Section 24 of breac� and default af this Agreement, Developer shali have 30 days r�ithin which to carrect, remedy or cure the defaul�. If the wrii�en notification states that the problem is urgent and relates to the pubiic health a�d safaty, then Developer shall have 24 hours to correct, remedy or c�re the default. If Developer does not cure the default within the applicable tirneframe, City may pursue t�e remedies set forth in Section 26 below. 26. Remedies. 26.1 City rnay praceed to complete the Work by contract or other �nethod City considers advisable, at the sole expense af Developar. Developer, immediately upon demand which sets forth in adequate detai� the amounts to be paid, shall pay the reasanabla costs and charges related to the Work and any subsequent repairs. City,without liability for doir�g so, rnay take possession of and utilize i�com�pleting the Work and repairs, if any, sucl�rnaterials and other property belonging to Developer as may be on or about the �t•operty and necessary for completion of the work. In Yhe e�+ent of de£ault, the financiai institution holding the securities shall be liable to City to pay the face ar►aount of the security,as specified under Sectian 13. 26.2 City may bring lagal aetion to coz�pel perfo��nance of t�is Agreement and recover t�e costs of completing the Work and/or rapairs, if any, including City's administrative and legal casts or pursue any other action a�law or equity. 26.3 Deveiopar agrees that if legal action is brought by C�ty under this section of the Agreament,Developer shall pay all of the costs of suit,�•easonable attorney fees, arbitratzon costs and such other costs as may be determined by the cot�rt or arbitrator. 26.4 No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any ot�er right or rernedy that City may have hereunder. 2b.5 The rights and remedies of City are cumulative, and the exercise by City of one or rrtore o�s�ch rights or remedies shall not preclude the exercise by it, at Yhe same or different times,of any other rights or remediss for the sam�default or any other default. 27. Final Drawit��s. Upon completion of the Wark and prior to fi�al acceptance, Developer shall deliver�o City a set of"as-built" drawings consistent with the Conditions. These drawings shall be in a fonn acceptable to the City Enginee�•, shall be certified as being"as-built" and shali reflect the Work as acfually constructed,with any and alI changes incorporated therein. Said drawings shail be signed and sealed as accur�te by the engineer of record. 28. Monuments. All pipes and monutnents shown an the Fir►al Map which are destroyed or displaced during constzuction operations shaIl be replaced by Develaper at the time of the£'�nal inspection af the Improvements, if any. 29. Attornevs'Fees, Should any legal action or arbitration be bro�ght by either party because ! of breaeh of this Agreement or to enforce atty provision of this Agreement,the prevailing party shall be � entitied to all costs of suit, reasonable atto�eys' fees, arbi�ration casts and s�ch other costs as �ay be c�etermined by the court or arbitrator. 30. Notices. Any notices relating �o this Agreement shall be given. i�n writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally ATTI'/AGR12012.06512580 ECf2(URBAN HOUSING)5€1BDIVISION IMPROVEhlIENTAGF2EEMENT REV:06-05-12 VR Page 1 D of 16