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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 a 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 Lights. City shall, before or after acceptance of improvements, give a "turn-on" order to the power company for only those street lights that City deems necessary. 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. Subdivider shall give notice to the City three (3) weeks prior to the proposed occupancy of any dwelling unit(s). 15. Attorne 's Fees. The prevailing party in any action or suit for the enforcement of rights under this Agreement, shall be entitled to payment of its reasonable attorneys' fees as may be fixed by the court on account thereof. 16. Notices. All notices herein required shall be in writing and shall be 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 P.O. Box 520 Pleasanton, CA 94566 Notices required to be given to Subdivider shall be addressed as follows: Heartwood Communities ,Inc. Donald Babbitt, President 7950 Dublin Boulevard, Suite 203 Dublin, CA 94568 Phone:925-833-8022 Notices required to be given surety or Subdivider shall be addressed as follows: // ~ ,' i `~ G ~ C~ ~('S' W l~ ~ 2 t ~~ o ~--~ ~.;~r,~~ ~~ l ~ ~'k~ SUBDMSION AGREEMENT TRACT N0. 7162, "HEARTWOOD COMMUNITIES °° Page 7 of 8