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13. Streets. Use of any or all streets and improvements provided by Paragraph 2, <br /> above, shall, at all times prior to the final acceptance of said tract by the City, be <br /> at the sole and exclusive risk of Subdivider. Issuance of any Occupancy Permits <br /> by City for a dwelling within the tract, at any state of development, shall not be <br /> construed to be an acceptance of improvements, or a final acceptance of said tract. <br /> 14. Street Lights. City shall, before or after acceptance of improvements, give a <br /> "turn-on" order to the power company for only those street lights that City deems <br /> necessary. Subdivider may at its sole expense provide street lighting not deemed <br /> necessary by the City, by arranging for the power company to hold the City <br /> harmless from the cost thereof, and by paying the actual power cost for said street <br /> lighting so ordered. Subdivider shall give notice to the City three (3)weeks prior <br /> to the proposed occupancy of any dwelling unit(s). <br /> 15. Attorney, 'sue. The prevailing party in any action or suit for the enforcement of <br /> rights under this Agreement, shall be entitled to payment of its reasonable <br /> attorneys' fees as may be fixed by the court on account thereof. <br /> 16. 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 <br /> City shall be 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 Subdivider shall be addressed as follows: <br /> Ponderosa Homes 11, Inc. <br /> Attention: Jeffrey C. Schroeder, Senior Vice President <br /> 6130 Stoneridge Mall Road, Suite 185 <br /> Pleasanton, CA 94588 <br /> Phone: 925-460-8910 <br /> Notices required to be given surety or Subdivider shall be addressed as follows: <br /> Provided that any party or the surety may change such address by notice in <br /> writing to the other party and thereafter notices shall be addressed and transmitted <br /> to the new address. <br /> SUBDIVISION AGREEMENT <br /> TRACT NO. 7721,"Lehman/Selway" <br /> Page 7 of 8 <br />