GHC LUND RANCH LLC, TRACT 8352, SUBDIVISION AGMT

14. 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. Subdivider may at the Subdivider's 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. Subdivider shall give notice to the City three (3) weeks prior to the proposed occupancy of any dwelling unit(s). 15. Attorneys' Fees. The prevailing party in any action or suit for the enforcement of rights under this Agreement, shall be entitled to payment of its reasonable attorneys' fees as may be fixed by the court on account thereof. 16. 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 Notices required to be given to Subdivider shall be addressed as follows: GHC Lund Ranch, LLC do Greenbriar Homes Communities 43160 Osgood Road Fremont, CA 94539 Notices required to be given to the surety or Subdivider shall be addressed as follows: AmTrust Surety 17771 Cowan, Suite 100 Irvine, CA 92614 Provided that any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 17. Binding on Land and Successors. All covenants, promises and agreements contained in this Agreement shall pertain to and do hereby expressly run with the land controlled by Subdivider and described herein. This Agreement shall bind and inure to the parties hereto, including heirs, assigns, executors, administrators, and all other parties whether they succeed by operation of law or voluntary acts of Subdivider. Signatures and execution of all parties shall be acknowledged before a notary public. Either party may file and record this agreement with the Recorder of Alameda County. The parties hereto affix their signatures to this Agreement as of the date and year first written above. SUBDIVISION AGREEMENT TRACT NO.8352 Page 6 of 7