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/'V—/a73 <br /> MASS GRADING AGREEMENT <br /> Lot 2 of Parcel Map 10257 at Staples Ranch <br /> THIS MASS GRADING AGREEMENT (Agreement) is made and entered into <br /> (9044,4,- ay , 2014, by and between Mathew Zaheri, an individual (Developer) and the <br /> City of Pleasanton, a municipal corporation (City). <br /> RECITALS <br /> A. WHEREAS, Developer seeks to spread existing stockpiles of dirt on real property <br /> commonly known as Parcel 2 of Parcel Map 10257 (Parcel 2), which existing stockpiles are a <br /> result of earlier mass grading on portions of Parcel Map 10257; and <br /> B. WHEREAS, Developer desires to distribute the existing stockpiles across Parcel 2 <br /> through mass grading as described in Mass Grading Plans dated Ot I C 2014, prepared <br /> by Ruggeri-Jensen-Azar, and which have been approved by the City Engineer on Ot 0-0 <br /> 2014 (Approved Mass Grading Plans); and <br /> C. WHEREAS, Developer has also had Ruggeri-Jensen-Azar, a Qualified Storm Water <br /> Pollution Prevention Plan (SWPPP) Developer(QSD), prepare the Storm Water Pollution <br /> Prevention Plan dated Ot 06\ 2014, for the Approved Mass Grading Plans, as required by <br /> the State Water Resources Control Board National Pollutant Discharge Elimination System <br /> (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land <br /> Disturbance Activities, and which SWPPP has been approved by the City Engineer on <br /> 2014 (Approved SWPPP); and <br /> D. WHEREAS, a copy of the Approved Mass Grading Plans and Approved SWPPP <br /> (collectively the "Approved Plans") are on file in the City's Community Development <br /> Department, and are incorporated by reference into this Agreement; and <br /> E. WHEREAS, Developer attests that Developer has received authorization from the <br /> Alameda County Surplus Property Authority, the owner of Parcel 2, to undertake the work set <br /> forth in the Approved Plans; and <br /> F. WHEREAS, the work in the Approved Plans do not grant Developer any vested <br /> rights to develop pursuant to Planned Unit Development (PUD-106) plan until Ordinance No. <br /> 2107 adopted October 7, 2014, goes into effect; and grants no vested rights to develop pursuant <br /> to Developer's application known as Parcel Map 10300; and <br /> G. WHEREAS, as a condition precedent to allowing mass grading work by Developer, <br /> the City requires certain protection for the City, neighboring property owners, the public, public <br /> and private utilities, and water quality. <br /> NOW, THEREFORE, in consideration of the faithful performance of the promises, <br /> terms, conditions and covenants set forth herein by Developer and the City allowing mass <br /> Mass Grading Agreement lot 2 of Parcel Map 10257-Staples Ranch <br /> Page I of 7 <br />