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purposes of this notice requirement, any material change in the policy prior to the expiration shall be <br /> considered a cancellation. <br /> f. Subdivider shall provide evidence of compliance with the insurance requirements <br /> listed above by providing a certificate of insurance, in a form satisfactory to the City Attorney, <br /> concurrently with the submittal of this Agreement. <br /> g. Subdivider shall provide a substitute certificate of insurance no later than thirty (30) <br /> days prior to the policy expiration date. Failure by the Subdivider to provide such a substitution and <br /> extend the policy expiration date shall be considered a default by Subdivider and may subject the <br /> Subdivider to a Stop Work Notice until the Subdivider has cured the default. <br /> h. Subdivider shall provide insurance that is primary as respects the City, its officers, <br /> employees and volunteers. <br /> i. Maintenance of insurance by the Subdivider as specified in this Agreement shall in no <br /> way be interpreted as relieving the Subdivider of any responsibility whatever and the Subdivider may <br /> carry, at its own expense, such additional insurance as it deems necessary. <br /> j. The insurer shall agree to waive all rights of subrogation against the City, its officers, <br /> officials, employees, and volunteers for losses arising from work performed by the Subdivider. <br /> k. The insurer shall provide the amount of self-insured retention and City shall have the <br /> right to deny insurance coverage if it deems the self-insured retention exceeds reasonable deduction. <br /> 12. Streets. Use of any or all streets and improvements provided by Paragraph 2 shall, at all times <br /> prior to the final acceptance of said tract by the City,be at the sole and exclusive risk of Subdivider. <br /> Issuance of any Occupancy Permits by City for a dwelling within the tract, at any state of development, <br /> shall not be construed to be an acceptance of improvements, or a final acceptance of said tract. <br /> 13. Street Lights. City shall,before or after acceptance of improvements, give a "turn-on" order <br /> to the power company for only those street lights that City deems necessary. Subdivider may at the <br /> Subdivider's sole expense provide street lighting not deemed necessary by the City, by arranging for the <br /> power company to hold the City harmless from the cost thereof, and by paying the actual power cost for <br /> said street lighting so ordered. Subdivider shall give notice to the City three (3)weeks prior to the <br /> proposed occupancy of any dwelling unit(s). <br /> 14. Attorneys' Fees. The prevailing party in any action or suit for the enforcement of rights under <br /> this Agreement, shall be entitled to payment of its reasonable attorneys' fees as may be fixed by the <br /> court on account thereof. <br /> 15. Notices. All notices herein required shall be in writing and shall be delivered in person or <br /> sent by certified mail,postage prepaid. Notices required to be given to City shall be addressed as <br /> follows: <br /> City Manager <br /> City of Pleasanton <br /> P.O. Box 520 <br /> SUBDIVISION AGREEMENT <br /> TRACT NO. <br /> Page 5 of 8 <br />