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within which the construction yard may be used or within which supplies, materials, equipment or vehicles may be stored or kept thereon if City determines that the granting of such extension will not be detrimental to the public welfare. No extension will be made except on the basis of a written application made by Owner to the City Engineer stating fully the grounds and facts relied upon for such extension. 14. Rights-of--Way Free From Obstruction. Owner agrees to keep and maintain all areas within the improved or partially improved public streets or public rights-of-way contiguous and adjacent to and within the Property, including streets being constructed and/or improved pursuant to this Agreement, free and clear of all building materials, dirt, mud, sand, gravel, rocks, bricks, stones, shingles, roofing material, lumber, tool sheds, construction buildings and other similar items at all times during the improvement and construction of the Improvements and all buildings and other structures on such Property 15. Miscellaneous. 15.1 Assignment. This Agreement shall not be assigned by Owner without the written consent of City, which shall not be unreasonably withheld. Without releasing Owner of its obligations under this Agreement: (i) City agrees to permit Alameda Housing Associates, L.P., a California limited partnership (which entity intends to develop Lot 2 of the Property pursuant to a ground lease to be executed by and between such entity and Owner) to perform Owner's obligations under this Agreement in connection with Lot 2 as if performed by Owner, including, without limitation, the provision of security required pursuant to Section 5; and (ii) without releasing Owner of its obligations pursuant to Section 8.2, City agrees to permit Westlake Infrastructure, LLC, a Delaware limited liability company (which entity is an affiliate of Owner) to perform Owner's obligations under this Agreement in connection with Lot 1 and Lot 2 as if performed by Owner, including, without limitation, the provision of security required pursuant to Section 5. 15.2 Owner Not an Agent. Neither Owner nor any of Owner's agents or contractors are or shall be considered to be agents of City in connection with the performance of Owner's obligations under this Agreement. 15.3 Attorneys' Fees. The prevailing party in any action to enforce or interpret this Agreement shall be entitled to recover its reasonable attorneys' fees and court costs. If City is the prevailing party, City shall also be entitled to recover its attorneys' fees and costs in any action against Owner's surety on the bonds provided pursuant to Section 5. 15.4 Notices. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices to City shall be addressed as follows: 1328680-7 1 4