RecDoc 2014-030717 - Laserfiche WebLink

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cure the defsult within the applicable timeframe, City may pursue the remedies set forth in Section 26 below. 25. �emedies 25.1 City may proceed to complete the Work by contract or other method City considers advisable, at the sole expense of Developer. Developer, iramedi�tely upon dem�nd, shall pay the costs and charges related to tl� Work and any subseq�nt repairs. City, without liability for doing so,may take possession of�nd utilize in complcting the Work and repairs, if any,such materials and other property belonging to Developer as may be on or abont the Pmperty and necessary for completion of the work. In the event of default,the financial institution holding the securiries shall be liable to City to pay the face amount of the security, as spxified�nder Section 13. 25.2 City �y bring legal �ction to compel perforniance of this Agreement and recover the costs of completing the Work and/or repairs, if any, including City's administrstive and legal costs or pursue any other action�t law or equity. 25.3 Developer agrees that if legal action is brought by City under this section of the Agreement,Developer shall pay sll of the costs of suit,reasonable attomey fees,arbitration costs and such other costs as may be deternuned by the court or arbitrator. 25.4 No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or rernedy that City may have hereunder. 25.5 The rights and remedies of City�re cumulaNve, and the exercise by City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or dif�erent times,of any other rights or remedies for the s�me defiult or�ny ather default. 26. F��win¢s. Upon completion of the�ork and prior to final acceptance,Developer shall deliver to City a set of"�built"drawings consistent with the Condirions. These drawings shall be in a form acceptabte to tl�e City Engineer,shall be certified�s being"as-builY'and shall reflect the Work as actually constructed,with any and all changes incorporated therein. Said drawings shall be signed and se�led�s accurate by the engineer of record. 27. Iv�onuments. All pipes and monuments shown an the Final Map which�re destroyed or displaced during construction operations shall be replaced by Developer�t the time of the final inspection of the Improvements,if any. 28. �ttotne�,+s'�ees. Should any leg�l action or arbitration be brought by eith�r party because of breach of this Agreement or to enforce any provision of this Agreement,the prevailing p�rty shall be entitled to all costs of suit, reasonable attorneys' fees, arbitration costs and such other costs �s may be deternuned by the court or arbitrator. 29. Norices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes w6en delivered personally or by generally recognized overnight courier service,or five(5) da}+s�fter deposit in the United States mail,certified or register�i,return receipt requested,with postage prepaid,addressed as follows: REF/:03-14-14 VR Page 10 of 19 ATTY/AC3R.2014.D�4/One Ma+rinm Final Phase- Improvement Agreement