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. <br />21. Breach of A~,reement; 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 therefor. <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 />Britt Evans <br />Westco Community Builders, Inc. <br />2406 Merced Street <br />San Leandro, CA 94577 <br />Notices required to be given to the surety of Subdivider shall be addressed as follows: <br />~~ VC ~ ~ `~` S-C~' <br />T12ACT MAP 7293 <br />SUBDIVISION IMPROVEMENT AGREEMENT (PUBLIC IMPROVEMENT) <br />\\ES\SYS\USER\ENGINEER\_LD\_Maps\VTM 7293~SUBIMPLAGR.doc <br />PAGE 12 OF 16 <br />