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<br /> <br />and volunteers for losses arising from work performed by the <br />Developer. <br />k. The insurer shall provide the amount of self-insured <br />retention and City shall have the right to deny insurance coverage <br />if it deems the self-insured retention exceeds reasonable deduction. <br />13. Streets. Use of any or all streets and improvements provided by Paragraph <br />3 shall, at all times prior to the final acceptance of said commercial development by the <br />City, be at the sole and exclusive risk of Developer. Issuance of any Occupancy Permits <br />by City for the commercial development, at any state of development, shall not be <br />construed to be an acceptance of improvements, or a final acceptance of said commercial <br />development. <br />14. Street Lights. City shall, before or after acceptance of improvements, give <br />a "turn-on" order to the power company for only those street lights that City deems <br />necessary to protect the public. Developer may at his sole expense provide street lighting <br />not deemed 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. Developer shall give notice to the City three (3) weeks prior to the <br />proposed occupancy of any part of commercial development(s). <br />15. Attorney's Fees. If any party initiates any action at law or in equity to <br />enforce or interpret the terms and conditions of this Agreement, the prevailing party shall <br />be entitled to recover reasonable attorneys' fees and costs in addition to any other relief <br />to which it may otherwise be entitled. In addition to the foregoing award of attorneys' <br />fees to the prevailing party, the prevailing party in any lawsuit shall be entitled to its <br />attorneys' fees incurred in any post judgment proceedings to collect or enforce the <br />judgment. <br />16. Notices. All notices herein required shall be in writing and shall be <br />delivered in person or sent by certified mail, postage prepaid. Notices required to be <br />given to City shall be addressed as follows: <br />City Manager <br />City of Pleasanton <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />Public Improvement Agreement 8/14/02 <br />Bay Area Self Storage, 3101 Valley Avenue <br />Page 7 of 8 <br />