Agmt 2005 Maybelle Properties LLC

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21. Breach of Agreement; Performance by Surety 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 X30) 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: Ray Ling Maybelle Properties, LLC 21743 Regent Court Cupertino, CA 95014 Notices required to be given to the surety of Subdivider shall be addressed as follows: Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. TRACT MAP 7560 SUBDIVISION IMPROVEMENT AGREEMENT G:\ LD\_Iract Map & Parcel Map\TM7560-82 Chumalia St\SUBIMP.AGR.doc PAGE 12 OF 16