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on Subdivider and Subdivider's surety or holder of other security of breach of this Agreement, or of any <br />portion, thereof, and default of Subdivider. <br />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 performance <br />of the contract, and does not commence performance thereof within thirty (30) days after notice to City of <br />such election, City may take over the work and prosecute the same to completion, by contract or by any other <br />method City may deem advisable, for the account and at the expense of Subdivider and Subdivider's surety <br />shall be liable to City for any damages and/or reasonable and documented excess costs occasioned by City <br />thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in <br />completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be <br />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: <br />CITY MANAGER <br />CITY OF SAN LEANDRO <br />835 E.14TH STREET <br />SAN LEANDRO, CALIFORNIA 94577. <br />Notices required to be given to Subdivider shall be addressed as follows: <br />AVERY JONES <br />6683 OWENS DRIVE <br />PLEASANTON, CA 94588 <br />Any party or the surety may change such address by notice in writing to the other party and thereafter <br />notices shall be addressed and transmitted to the new address. <br />23. Recordation of Abstract. Concurrently with the execution of this Agreement, Subdivider has <br />executed and has caused to be acknowledged an abstract of this Agreement. Subdivider agrees City may <br />TRACT MAP 8519 <br />SUBDIVISION IMPROVEMENT AGREEMENT <br />G:\- PROJECTS -\San Leandro - MapleLane (Manor Bowl)\City\Planning\Subdivision Improvement Agreement 903 Manor (CAO Edit <br />7.22.21)_ac AJ edit 8.11.21.docx <br />PAGE 13 OF 20 <br />