Laserfiche WebLink
6.1.D. - Page 60 <br /> liability fo�• doing sa, may take possession of and utilize in comp(eting tfze Wor� and repairs, if <br /> any, such materials and other p�•operty belonging to Developer as may be on o�•about the Prope�•ty <br /> and necessa�•y for completion of the work. �i1 t11e event of default,the financial institution holding <br /> the secu�•ities shall be liable to City to pay the face amount of the sec�a►•ity, as speci�ed undet• <br /> Section 13. <br /> 26.2 City may bring legal action to compel perfarmance of tl�is Agreement aizd <br /> recover the casts of completing the Work and/or repairs, if any, including City's administ�•ative <br /> and legal costs or pu�•sue any othe�•action at law ar equity. <br /> 26.3 Dev�loper agrees that if legal actian is b�•ought by City undec this section of the <br /> Ag�•eejnent, Developer shall pay al! of the costs of suit; reasonable attorney fees, arbiti�'atian costs <br /> and such othe�•costs as may be dete�•mined by the coui•t o�•arbitratot•. <br /> 26.� No failure on the part of City to exe�•cise any ►•ight or reinedy heret�nder shall <br /> o�e�•ate as a waiver of a��y other right o�•remedy that City may have hereunder. <br /> 26.5 The rights and �•emedies of City a�•e cutnulative, and the exe�•cise by City of one <br /> or mot•e of such riglrts o�• remedies shall not preclude the exercise by it, at the same o�• diffe�•ent <br /> ti�nes, of any other rights or remedies for the same default or any ather default. <br /> 27. Final Drawin�s. Upon completian of the Work and prior to �nal acceptance, Develape�• <br /> shall deliver to City a s�t of"as-built" drawings consistent witt�the Conditians. These drawings shall be <br /> in a form acceptable to the City Engineer, shall be certifisd as being"as-built" and shall reflect the Wo��k <br /> as actually canst►•ucted,with any and ali char►ges incorporated therein. Said d�•awings shall be signed and <br /> sealed as accurate by tihe engineer of record. <br /> 2$. Monuments. A11 pipes and monuments shown on the Final Map which a�'a dest►'oyed or <br /> displaced du�•ing canst�•uction operations shall be replaced 6y Develaper at tha time of the fir�al inspection <br /> af the Improvements, if any. <br /> 29. Attorne�s' �`ees. Should any legal action o�•acbitration be b�•aught by either party because <br /> of breach of t�is Agree�ent or to enfo�•ce any provision of this Ag�•eement, the prevailing party shall be <br /> entitled to a11 costs of suit; j-easonable attorneys' fees, arbitration costs and such other costs as may be <br /> determined hy the court or arbitratar. <br /> 3�. Notices. Any notices relating to this Ag�•eement shall be given in writing and shall <br /> be deerned sufficiently given and served �ar all purposes when delivered personally or by <br /> generally recagnized overnight courier service, or five {5} days after deposit in t�e United States <br /> mail, certified or z•egistered, return receipt requested,with postage prepaid, addressed as follows: <br /> To the Developer: RC Peninsula Park LLC <br /> 270 St. Paul Stree�, Suite 300 <br /> Denver, CO 8020b <br /> Attn: Joseph M. Wilson <br /> To the City: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, California 94063 <br /> Attn: City Manager <br /> ATTYIAGR120'[3.0091SUSDIViSION 111ffPROVEIViENTAGREEM�NT ON�IUTARINA <br /> R�V:01-�4-13 VR <br /> Page 7�of 15 <br />