SUNRISE PLEASANTON CA SENIOR LIVING, LLC PUBLIC IMPROVEMENT AGREEMENT

to hold harmless, defend and indemnify the City, its elective and appointive board and commissions, officers, agents, and employees from any liabilities or claims for damages for personal injury, including death, as well as from claims from property damage which may arise from their activities or operation related to this project. Developer agrees to require all contractors and subcontractors or other parties hired for this project to provide the same insurance as required of the Developer as stated in section 12 of this Agreement. 14. Streets. Use of any or all streets and improvements provided by Paragraph 3 shall, at all times prior to the final acceptance of said commercial development by the City, be at the sole and exclusive risk of Developer. Issuance of any Occupancy Permits by City for the commercial development, at any state of development, shall not be construed to be an acceptance of improvements, or a final acceptance of said commercial development. 15. Street Lights. City shall, before or after acceptance of improvements, give a "turn-on" order to the power company for only those street lights that City deems necessary to protect the public. Developer may at his sole expense provide street lighting not deemed necessary by the City, by arranging for the power company to hold the City harmless from the cost thereof, and by paying the actual power cost for said street lighting so ordered. Developer shall give notice to the City three (3) weeks prior to the proposed occupancy of any part of commercial development(s). 16. Attorney's Fees. If any party initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs in addition to any other relief to which it may otherwise be entitled. In addition to the foregoing award of attorneys' fees to the prevailing party, the prevailing party in any lawsuit shall be entitled to its attorneys' fees incurred in any post judgment proceedings to collect or enforce the judgment. 17. Notices. All notices herein required shall be in writing and shall be delivered in person or sent by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Manager City of Pleasanton P.O. Box 520 Pleasanton, CA 94566 Public Improvement Agreement 5/31/2017 Page 7 of 8