RecDoc 2014-043259 Improvement Agmt 525 Middlefield Rd

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i (5) Any delay in the construction of any portion of the Work or repairs,which in the reasonable opinion of the City Engineer,endangers public or private property. I Upon such event of breach or default, the City may serve written notice of breach and default upon Developer and provide Developer the opporh�nity to cure under Section 24 of this Agreement before ' pursuing any remedies under Section 25 of this Agreement. i 24. O�pOrtUrilty to Cure. Upon the City giving Developer notice under Section 23 of breach and default of this Agreement,Developer shall have thirty(30) days withi.n which to correct,remedy or cure the default,or if the breach or default is not susceptible to remedy or cure within such thirty(30)-day period, Developer shall commence such remedy or cure within thirty(30)days and proceed diligently to completion. If the written notification states that the problem is urgent and relates to the public health and safety, then Developer sha11 have 24 hours to correct, remedy or cure the default or if the breach or default is not susceptible to remedy or cure within such 24 hour period,Developer shall commence such remedy or cure within such 24 hour period and proceed diligently to completion. If Developer does not cure the default within the applicable timeframe, City may pursue the remedies set forth in Section 25 below. 25. Remedies. 25.1 Upon the expiration of the applicable notice and cure period as set forth in Section 24, City may proceed to complete the Work by contract or other method City considers advisable,at the sole expense of Developer. Developer,immediately upon demand,shall pay the actual costs and charges related to the Work and any subsequent repairs incurred by the City. City, without liability for doing so, may take possession of and utilize in completing the Work � and repairs, if any, such materials and other property belonging to Developer as may be on ar about the Property and necessary for completion of the work. In the event of default and the City's incurrence of costs to complete the Work or make repairs,the Surety Company holding the ; securities as specified under Section 13 shall be liable to the City. 25.2 City may bring legal action to compel performance of tlus Agreement and recover the costs of completing the Work and/or repairs, if any, including City's administrative and legal costs or pursue any other action at law or equity. 25.3 Developer agrees that if legal action is brought by City under this section of the Agreement, if the City is the prevailing party in such legal action,Developer shall pay all of the costs of suit,reasonable attorney fees,arbitration costs and such other costs as may be determined by the court or arbitrator. ' 25.4 No failure on the part of City to exercise any right or remedy hereunder sha11 operate as a waiver of any other right or remedy that City may have hereunder. ' 25.5 The rights and remedies of City are cumulative, 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 different times,of any other rights or remedies for the same default or any other default. 26. Final Drawin�s. Upon completion of the Work and prior to final acceptance,Developer shall deliver to City a set of"as-built"drawings consistent with the Conditions. These drawings sha11 be in a form acceptable to the City Engineer,sha11 be certified as being"as-built"and shall reflect the Work as actually constructed,with any and all changes incorporated therein. Said drawings shall be signed and sealed as accurate by the engineer of record. REV:03-37-14 VR Page 10 of 21 ATTY/AGR.2014.045/lndigo 525 Middlefield - Improvement Agreement