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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 maybe 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 Center, 835 E. <br />14th Street, San Leandro, California 94577. <br />Notices required to be given to Subdivider shall be addressed as follows: <br />DONALD BABBITT <br />PASSPORT HOMES, INC <br />11740 DUBLIN BLVD, SUITE 203 <br />DUBLIN, CA 94568 <br />Notices required to be given to the surety of Subdivider shall be addressed as follows: <br />WESTERN INSURANCE COMPANY <br />PO BOX 21030 <br />RENO, NV 89515 <br />TRACT MAP 7413 <br />SUBDNISION IMPROVEMENT AGREEMENT (PUBLIC IMPROVEMEN'1~ <br />G:\_LD\_Tract Map & Parcel Map\TM7413-Hesperian 16 units4SUBIMP(public).AGR.doc PAGE 12 OF 16 <br />