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any extension thereof, or fails to obtain completion of said work within such time, or if Subdivider should <br />be adjudged as bankrupt, or should make a general assignment for the benefit of Subdivider's creditors, or if <br />a receiver should be appointed, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents <br />or employees should violate any of the provisions of this Agreement, the City Engineer may serve written <br />notice on Subdivider and Subdivider's surety or holder of other security of breach of this Agreement, or of <br />any portion, thereof, and default of Subdivider. <br />21. Breach of Agreement; Performance by Sure 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 />MICHAEL MCKISSICK <br />RYLAND HOMES- NORTHERN CALIFORNIA DIVISION <br />12647 ALCOSTA BLVD, SUITE 190 <br />SAN RAMON, CA 94583 <br />TRACT MAP 7053 RYLAND WOODCREEK <br />SUBDNISION IMPROVEMENT AGREEMENT (PRNATE IMPROVEMENT) <br />\\ES\SYS\USER\ENGINEER\_LD\_Maps\TM 7053\SUBIMPAGRprivate.doc <br />Page 12 of 16 <br />