MORRISON HOMES (3) - Laserfiche WebLink

13. Park Land Dedication. Subdivider shall dedicate, by Grant Deed, an appropriate number of acres of property, consistent with the City parkland dedication ordinance, adjacent to the westerly boundary of the parkland property previously dedicated in conjunction with Tracts 3184 and 3344. Said dedication of property is a portion of the parklands referred to fn Paragraphs 6B-Area II-2b of that certain agreement dated February 14, 1972, between Subdivider and City. This property shall be dedicated and the Grant Deed conveyed to City at the time of first occupancy of any dwelling or upon first transfer of title to a homebuyer (whichever comes first). Subdivider shall commence construction on the park within 6 months after first occupancy of the first unit within the development and diligently pursue said construction to completion. The property dedicated and conveyed to City pursuant to this paragraph shall be credited by City toward the parkland dedication requirements of this State Subdivision Map Act and Article 10, Chapter 1, Title II of the ordinance code of the City of Pleasanton for the development of the balance of the area known as "Heritage Valley". 14. Streets. Use of any or all streets and improvements provided by Paragraph 3, shall at all times prior to the final acceptance of said tract by the City, be at the sole and exclusive risk of Subdivider. Issuance of any Occupancy Permits by City for dwelling within the tract, at any state of development, shall not be construed to be an acceptance of improvements, or a final acceptance of said tract. 15. Street Liszhts. City shall, before or after acceptance of improvements, give "turn-on" order to power company for only those street lights that City deems necessary to protect the public. Subdivider may at his sole expense provide street lighting not deemed necessary by the City, by arranging for the power company to hold the City harmless from the cost thereof, and by paying the actual power cost for said street lighting so ordered. Developer shall give notice to the City three weeks prior to the proposed occupancy of any dwelling unit(s). 16. Attorney's Fees. In the event City shall install and prevail in any action or suit for the enforcement of any of its rights under this agreement, Subdivider shall pay to City a reasonable attorney's fee as may be fixed by the Court on account thereof. 17. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Manager City of Pleasanton 200 Bernal Avenue P. 0. Box 520 Pleasanton, CA 94566 Notices required to be given to Subdivider shall be addressed as follows: Morrison Homes_Corporation P. 0. Box 23172 Pleasant Hill, CA 94523