Agmt 2005 Hennigan Construction Inc

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notice on Subdivider and Subdivider's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of Subdivider. 21. Breach of Agreement; Performance b~urety or City. In the event of any such notice of breach of this Agreement, Subdivider's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider and Subdivider's surety shall be liable to City for any damages and/or reasonable and documented excess costs occasioned by City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as maybe on the site of the work and necessary therefore. 22. Notices. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Clerk, Civic Center, 835 E. 14th Street, San Leandro, California 94577. Notices required to be given to Subdivider shall be addressed as follows: DAVID HENNIGAN HENNIGAN CONSTRUCTION, INC 1451 LEIMERT BOULEVARD OAKLAND, CA 94602 Notices required to be given to the surety of Subdivider shall be addressed as follows: "TRACT MAP 7452 SUBDIVISION IMPROVEMENT AGREEMENT G:A LD\ Tract Map & Parcel Map\TM7452-Evergreen Nursey\SUBIMP(pnvate)AGR.doc PAGE 12 of 16