Laserfiche WebLink
7.1.F. - Page 15 <br /> (5) Any delay in the construction of any portion of the Work or repairs,which in the <br /> reasonable opinion of the City Engineer,endangers public or private property. <br /> Upon such event of breach or default, the City may serve written notice of breach and default upon <br /> Developer and provide Developer the opportunity to cure under Section 24 of this Agreement before <br /> pursuing any remedies under Section 25 of this Agreement. <br /> 24. Opportunity to Cure. Upon the City giving Developer notice under Section 23 of breach <br /> and default of this Agreement, Developer shall have thirty (30) days within which to correct, remedy or <br /> cure the default,or if the breach or default is not susceptible to remedy or cure within such thirty(30)-day <br /> period, Developer shall commence such remedy or cure within thirty(30) days and proceed diligently to <br /> completion. If the written notification states that the problem is urgent and relates to the public health and <br /> safety, then Developer shall have 24 hours to correct, remedy or cure the default or if the breach or <br /> default is not susceptible to remedy or cure within such 24 hour period, Developer shall commence such <br /> remedy or cure within such 24 hour period and proceed diligently to completion. If Developer does not <br /> cure the default within the applicable timeframe, City may pursue the remedies set forth in Section 25 <br /> below. <br /> 25. Remedies. <br /> 25.1 Upon the expiration of the applicable notice and cure period as set forth in <br /> Section 24, City may proceed to complete the Work by contract or other method City considers <br /> advisable, at the sole expense of Developer. Developer,immediately upon demand, shall pay the <br /> actual costs and charges related to the Work and any subsequent repairs incurred by the City. <br /> City, without liability for doing so, may take possession of and utilize in completing the Work <br /> and repairs, if any, such materials and other property belonging to Developer as may be on or <br /> about the Property and necessary for completion of the work. In the event of default and the <br /> City's incurrence of costs to complete the Work or make repairs,the Surety Company holding the <br /> securities as specified under Section 13 shall be liable to the City. <br /> 25.2 City may bring legal action to compel performance of this Agreement and <br /> recover the costs of completing the Work and/or repairs, if any, including City's administrative <br /> and legal costs or pursue any other action at law or equity. <br /> 25.3 Developer agrees that if legal action is brought by City under this section of the <br /> Agreement, if the City is the prevailing party in such legal action, Developer shall pay all of the <br /> costs of suit,reasonable attorney fees,arbitration costs and such other costs as may be determined <br /> by the court or arbitrator. <br /> 25.4 No failure on the part of City to exercise any right or remedy hereunder shall <br /> operate as a waiver of any other right or remedy that City may have hereunder. <br /> 25.5 The rights and remedies of City are cumulative, and the exercise by City of one <br /> or more of such rights or remedies shall not preclude the exercise by it, at the same or different <br /> times,of any other rights or remedies for the same default or any other default. <br /> 26. Final Drawings. Upon completion of the Work and prior to final acceptance, Developer <br /> shall deliver to City a set of"as-built" drawings consistent with the Conditions. These drawings shall be <br /> in a form acceptable to the City Engineer, shall be certified as being"as-built" and shall reflect the Work <br /> as actually constructed,with any and all changes incorporated therein. Said drawings shall be signed and <br /> sealed as accurate by the engineer of record. <br /> REV:03-31-14 VR <br /> Page 10 of 21 <br /> ATTY/AGR.2014.045/Indigo 525 Middlefield - Improvement Agreement <br />