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14. Streets. Use of any or all streets and improvements provided by Paragraph 2 shall, at <br /> all times prior to the final acceptance of said commercial development by the City, be at the sole <br /> and exclusive risk of Developer. Issuance of any Occupancy Permits by City for the commercial <br /> development, at any state of development, shall not be construed to be an acceptance of <br /> improvements, or a final acceptance of said commercial development. <br /> 15. Street Lights. City shall, before or after acceptance of improvements, give a"turn- <br /> on" order to the power company for only those street lights that City deems necessary to protect the <br /> public. Developer may at his sole expense provide street lighting not deemed necessary by the City, <br /> by arranging for the power company to hold the City harmless from the cost thereof, and by paying <br /> the actual power cost for said street lighting so ordered. Developer shall give notice to the City <br /> three (3)weeks prior to the proposed occupancy of any part of commercial development(s). <br /> 16. Attorney, 's Fees. If any party initiates any action at law or in equity to enforce or <br /> interpret the terms and conditions of this Agreement,the prevailing party shall be entitled to recover <br /> reasonable attorneys' fees and costs in addition to any other relief to which it may otherwise be <br /> entitled. In addition to the foregoing award of attorneys' fees to the prevailing party, the prevailing <br /> party in any lawsuit shall be entitled to its attorneys' fees incurred in any post judgment <br /> proceedings to collect or enforce the judgment. <br /> 17. Notices. All notices herein required shall be in writing and shall be delivered in <br /> person or sent by certified mail, postage prepaid. Notices required to be given to City shall be <br /> addressed as follows: <br /> City Manager <br /> City of Pleasanton <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> Notices required to be given to Developer shall be addressed as follows: <br /> MidPen Housing Corporation <br /> Attention: Matthew O. Franklin <br /> 303 Vintage Park Drive, Suite 250 <br /> Foster City, CA 94404 <br /> T: 650-356-2900 <br /> F: 650-357-9766 <br /> Notices required to be given surety of Developer shall be addressed as follows: <br /> IMA, Inc. <br /> Public Improvement Agreement(One of Two) 3/2/2016 <br /> Kottinger Garden by MidPen Housing Corporation <br /> Page 7 of 8 <br />