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immediate hazard to the public health, safety, or welfare, City shall have the rightto immediately repair, or <br />cause to be repaired, such defect, and Owner shall pay to City on demand all costs and expense of such <br />repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either <br />temporary or permanent repairs which may be required as determined in the sole discretion and judgment of <br />City. <br />If City, at its sole option, makes or causes to be made the necessary repairs or replacements or <br />performs the necessary work, Owner shall pay, in addition to actual costs and expenses of such repair or <br />work, fifty percent (SO%) of such costs and expenses for overhead and interest at the maximum rate of <br />interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. <br />19. Owner Not Agent of City. Neither Owner nor any of Owner's agents or contractors are or <br />shall be considered to be agents of City in connection with the performance of Owner's obligations under <br />this Agreement. <br />20. Notice of Breach and Default. If Owner refuses or fails to obtain prosecution of the <br />work, or any severable part thereof, with such diligence as will insure its completion within the time <br />specified, or any extension thereof, or fails to obtain completion of said work within such time, or if Owner <br />should be adjudged as banlo-upt, or should make a general assignment for the benefit of Owner's creditors, <br />or if a receiver should be appointed, or if Owner, or any of Owner's contractors, subcontractors, agents or <br />employees should violate any of the provisions of this Agreement, the City Engineer may serve written <br />notice on Owner and Owner's surety or holder of other security of breach of this Agreement, or of any <br />portion, thereof, and default of Owner. <br />21. Breach of Agreement; Performance by Surety or City. h7 the event of any such notice of <br />breach of this Agreement, Owner's surety shall have the duty to take over and complete the work and the <br />improvement herein specified; provided, however, that if the surety, within thirty (30) days after the serving <br />upon it of such notice of breach, does not give City written notice of its intention to take over the <br />524-526 Lewelling Blvd. PAGE 11 OF 14 <br />Cubix Construction C°mpany <br />STANDARD PUBLIC IMPROVEMENT AGREEMENT <br />G:A LD\ ENCRCHMENTS~52a Lewelling Blvd\524 LEWELLING BLVD- PUB IMP AGR.doc <br />