RecDoc 2012-113313 - Laserfiche WebLink

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25. O��portunity to Cut�e. If City gives Developer notioe under Section 24 of breach and default of this Agreement, Developer shall have 30 days within which to oorrect, remecly or cure the default. If the written notification states that the problem is urgent and relates ta the pubiic health and safety,then Developer shall have 24 hours to correct, remedy or cure the dafault. If Developer does not cure the defautt vsrithin the appl'zcable timeframe, City may pursue the remedies set forth in Section 2b below. 26. Remedies, 26.1 City may proceed to complete the Wark by contract or other method City considers advisabie, at the sole ezcpense of Developer. Developer, unmediately upon demand which sets forth in adequate detail the amounts to be paid, shall pay#he reasonable 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 Wark and repairs,if any,such materials and other property belonging to Developer as may be on or about the Pt•operty and necessary for completion of the work. In the event of default, the financiai institution holding the securities shall be liable to City to pay the fac$amount of the security,as specified under Section 13. 26.2 City rnay bring legal actian to compel perfoimance of this Agreetx�ent and recover tfie costs o£completing the Work and/or repairs, if any, inciuding City's administrative and legal costs or pursue any other action at law or equity. 26.3 Developer agrees that if legal action is brought by City under this section of the Agreement,Developer shall pay all of the costs of suit,reasonable attorney fees,arbitration costs and such other costs as may be datermined by the caurt 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 other right or remedy that City may have hereunder. 26.5 The rights and remedies of City are cumula�ive,and the exercise by Cify of one ar more of such rights or remedies sha.11 not preclude the exercise by it, at the same or different times,of any other rights or rennedies for the same default or any other default. 27. Final Drawin�s. Upon completion of the Work and prior to final acceptance,Develop.er shall deIiver to City a set of"as-built"drawings cozasistent with the Conditions. These drawings shall ba in a fornt acceptable to the City Engineer, shall be certified as being"as-built"and shalI reflect the Work as actuaily constructed,with any and al1 changes incorporated therein. Said drawings shall be signed and sealed as accurate by�he engineer of record. 28. Monuments. All pipes and monuments shown on the Final Map which are destroyed or displaced during constructian operations sha11 be replaced by Developer at tha time of the£'inal inspection of the Improvements,if any. 29. Attorneys'Fees, Should any legal action or arbitration ba brought by either party because ' . of breach of this Agreement or to enforce any pravision of this Agreement,the prevailing party shall be � entitled to a11 costs of suit, reasonable attorneys' fees, arbitration costs and such other costs as may be � deteimined by the court or axbitrator. 30. Notices. Any noticas relating to this Agreement shall be given in wrifiing and shall ba deemed sufficiently given anc# served for all purposes when delivered personally or by generally ATTY/AGR12612.06512580 ECR(URBMt HQUSING}SUBDiViSION IMPROVEMENTAGREEiVIENT REV:O6•05-92 VR Page 10 of 16