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• • <br />13. Street Lights. City shall, before or after acceptance of <br />improvements, give a "turn-on" order to the power company for only those street <br />lights that City deems necessary to protect the public. Developer may at his or her <br />sole expense provide street lighting not deemed necessary by the City, by <br />arranging for the power company to hold the City harmless from the cost thereof, <br />and by paying the actual power cost for said street lighting so ordered. <br />14. Attorney's Fees. In the event City institutes and prevails in any <br />action or suit for the enforcement of any of its rights under this Agreement, <br />Developer shall pay to City a reasonable attorney's fee 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 <br />delivered in person or sent by certified mail, postage prepaid. Notices required to <br />be 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 />Notices required to be given to Developer shall be addressed as follows: <br />BERNAL INVESTMENT COMPANY, LLC <br />c/o Greenbriar Homes Communities <br />4340 Stevens Creek Blvd., Suite 240 <br />San Jose, CA 95129 <br />Attn: Pat Costanzo, Jr. <br />Notices required to be given surety shall be addressed as follows: <br />Provided that any party or the surety may change such address by notice in writing <br />to the other party and thereafter notices shall be addressed and transmitted to the <br />new address. <br />16. Binding on Land and. Successors. All covenants, promises and <br />agreements contained in this Agreement shall pertain to and do hereby expressly <br />run with the land controlled by Developer and described herein. This Agreement <br />shall bind and inure to the parties hereto, including heirs, assigns, executors, <br />OFFSITE IMPROVEMENT AGREEMENT <br />Page 7 of 8 <br />