Deed - Pelton Center parking lot - File 387, 1958

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'E - 8737 FAc13 J (b) To light said Parcel II in accordance with City plans and specifications therefor, and including- (1) Metal electrolier (flourescent luminaire), together with necessary electrical connections to the City°s adjacent eleetreliers. (c) City is preparing plans and specifications covering the improvement of both Parcels I and II, Scribner agrees to pay his pro rata share of the cost of such plans and specifications. This pro rata share will be based on the ratio of the area of the respective parcels, (d) Scribner agrees to pay for all normal engineering costs such as inspection, staking, testing, etc., of the im— provements placed by him on Parcel II. 3. Scribner agrees to deposit the sum of FOUR THOUSAND FORTY DOLLARS ($4,040), with the Alameda County —East Bay Title Insurance Com— pany as a cash bond for the .faithful performance of the things agreed to be performed by him. Said Alameda County East Bay Title Insurance Company is hereby instructed to hold said sum of $4,040 upon the following con— ditions-. (a) If Scribner shall in all particulars perform his part of this contract within six months .from July 24, 1958, such performance to be evidenced by a certificate from the Public Works Director of the City of San Leandro to that effect, said sum shall be redelivered to Scribner. In the event Scribner fails to perform any or all of the things herein agreed to be done by him; then said title company shall deliver to the City of San Leandro upon written demand therefor, any sums expended by City in the performance of those things wherein Scribner defaulted. (b) Scribner further agrees that if in the event of his default the cost of performance by the City exceeds the sum of $4,040, Scribner shall pay to the City such excess. City agrees that if such costs are less than S4,040, that it will release such surplus to Scribner. (c) Scribner agrees to replace the existing sewer in Parcel I into the new street commonly called Dolores Avenue Extension. the pj:.perties herein referred to are all that land situated in the City of San Leandro, County of Alameda, State of California, described as follows° PARCEL I Commencing at the point of intersection of the northeast line of Washington Avenue with the southeast line of Palm Court, as said court is described in the deed from Minnie M. Pelton and Allen E. Pelton, her husband, to the City of San Leandro, a municipal corporation, dated June 18, 1917, and recorded June 19, 1917, in Book 2567 of Deeds, page 324, L