Laserfiche WebLink
Section 22, City shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, <br />and Owner shall pay to City on demand all costs and expense of such repair. Notwithstanding anything <br />herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing <br />guarantee results in a condition which c.onstitutes an immediate hazard to the public health, safety, or <br />welfare, City shall have the right to immediately repair, or cause to be repaired, such defect, and Owner shall <br />pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to <br />health and safety shall be deemed to include either temporary or permanent repairs which may be required as <br />determined in the sole discretion and judgment of 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 (50%) 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 bankrupt, or should make a general assignment for the benefit of Owner's creditors, or <br />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; Perfonnance by Surety or City. In 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 />STANDARD PUBLIC IMPROVEMENT AGREEMENT Page 11of14