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<br />21. Breach of Agreement; Performance bv Surety or City. In the event of any such notice of breach <br /> <br />of this Agreement, Subdivider's surety shaIJ have the duty to take over and complete the work and the <br /> <br />improvement herein specified; provided, however, that if the surety, within thirty (30) days after the serving <br /> <br />upon it of such notice of breach, docs not give City written notice of its intention to take over the <br /> <br />perfonnance of the contract, and does not commence performance thereof within thirty (30) days after <br /> <br />notice to City of such election, City may take over the work and prosecute the samc to completion, by <br /> <br />contract or by any other method City may deem advisable, for the account and at the expense of Subdivider <br /> <br />and Subdivider's surety shall be liable to City for any damages and/or reasonable and documented excess <br /> <br />costs occasioned by City thereby; and, in such event, City, without liability for so doing, may take <br /> <br />possession of: and utilize in completing the work, such materials, appliances, plant and other property <br /> <br />belonging to Subdivider as may be on the site of the work and necessary therefore. <br /> <br />22. Notices. AIJ notices herein required shall be in writing, and delivered in person or sent by <br /> <br />registered mail, postage prepaid. <br /> <br />Notices required to be given to City shall be addressed as follows: CITY CLERK, CIVIC <br /> <br />CENTER, 835 E. 14TH STREET, SAN LEANDRO, CALIFORNIA 94577. <br /> <br />Notices required to be given to Subdivider shall be addressed as follows: <br /> <br />MIKE WENIG <br /> <br />430 PENNINGTON PLACE <br /> <br />DANVILLE. CA 94526 <br /> <br />Notices required to be given to the surety of Subdivider shall be addressed as follows: <br /> <br />Any party or the surety may change such address by notice in writing to the other party and <br /> <br />thereafter notices shall be addressed and transmitted to the new address. <br /> <br />23. Recordation of Abstract. Concurrently with the execution of this Agreement, Subdivider has <br /> <br />executed and has caused to be acknowledged an abstract of this Agreement. Subdivider agrees City may <br /> <br />'fRACT MAP 7497 <br />SUBDIVISION IMPROVL',MENT AGREEMENT <br />U:\LD\ Tract Map & Parcel Map\TM7497.915 Lewelling I3Ivd\SUDIMP.AGR.doc PAGE 12 OF 16 <br />