Laserfiche WebLink
21. Breach of Agreement; Performance by Surety or City. In the event of any such notice of breach <br />of this Agreement, Subdivider'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 />performance of the contract, and does not commence performance thereof within thirty (30) days after <br />notice to City of such election, City may take over the work and prosecute the same to completion, by <br />contract or by any other method City may deem advisable, for the account and at the expense of Subdivider <br />and Subdivider's surety shall be liable to City for any damages and/or reasonable and documented excess <br />costs occasioned by City thereby; and, in such event, City, without liability for so doing, may take <br />possession of, and utilize in completing the work, such materials, appliances, plant and other property <br />belonging to Subdivider as may be on the site of the work and necessary therefore. <br />22. Notices. All notices herein required shall be in writing, and delivered in person or sent by <br />registered mail, postage prepaid. <br />Notices required to be given to City shall be addressed as follows: CITY CLERK, CIVIC <br />CENTER, 835 E. 14TH STREET, SAN LEANDRO, CALIFORNIA 94577. <br />Notices required to be given to Subdivider shall be addressed as follows: <br />ANTHONY. A. BATARSE JR <br />10550 INTERNATIONAL BLVD <br />OAKLAND, CA 94603 <br />Notices required to be given to the surety of Subdivider shall be addressed as follows: <br />Any party or the surety may change such address by notice in writing to the other party and <br />thereafter notices shall be addressed and transmitted to the new address. <br />23. Recordation of Abstract. Concurrently with the execution of this Agreement, Subdivider has <br />executed and has caused to be acknowledged an abstract of this Agreement. Subdivider agrees City may <br />TRACT MAP 7568 <br />SUBDIVISION IMPROVEMENT AGREEMENT <br />G:\—LD\—Tract Map & Parcel Map\TMDavis&Douglas\SUBIMP.AGR.doc PAGE 12 OF 16 <br />