FOOTHILL BUILDERS - SUBDIVISION AGMT

13. 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. 14. Street Li~hts. 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. Sub- divider 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. 15. Attorney's Fees. In the event City shall install and pre- wail in any act on 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. 16. Notices. All notices herein required shall be in writing and delivered 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. O. Box 520 Pleasanton, CA 94566 Notices required to be given to Subdivider shall be addressed as follows: Foothill Builders P. O. Box 1148 Pleasanton, CA 94566 Notices required to be given surety or Subdivider shall be addressed as follows: Bank of America P.O. Box-37020 San Francisco CA 94137 Provided that any party or the surety may change such address•by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. /// -5-