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EARLY GRADING AGREEMENT <br /> Tract 8326 - KN St. John LP 61 CA l3 <br /> This Early Grading Agreement (the "Agreement") is made and entered into ; <br /> 2017, by and between KN St. John LP, a Limited Partnership (the "Developer"), 4545 Crow <br /> Canyon Place, Castro Valley, CA 94552 and the City of Pleasanton, a general law city, (the "City"). <br /> RECITALS <br /> WHEREAS, Developer has a City-approved planned unit development plan(PUD-120) and <br /> vesting tentative map for Tract 8326 (the "Tract") to retain and relocate the existing single-family <br /> residence on-site and construct 10 two-story townhomes and related site improvements located at <br /> 536 and 550 St. John Street and the vacant parcel to the east of 536 St. John Street; and <br /> WHEREAS, 536 and 550 St. John Street and the vacant parcel to the east of 536 St. John <br /> Street are referred to as the "Site"; and <br /> WHEREAS, Developer desires to begin mass grading the Site notwithstanding that the <br /> Developer does not have a City Council approved final map and improvement plans for the Tract; <br /> and <br /> WHEREAS, City is willing to allow Developer to begin mass grading of the Site based on <br /> the covenants of Developer as set forth in this Agreement, to protect the City, neighbors and water <br /> quality. <br /> NOW, THEREFORE, in consideration of the faithful performance of the promises, terms, <br /> conditions and covenants set forth herein by Developer, the parties hereto agree as follows: <br /> 1. Mass Grading Conditions. Developer may proceed with the mass grading of the Site <br /> pursuant to Mass Grading Plans prepared by Mackay& Somps, date j 1011, and <br /> approved by the City ort?*e n 4.11 ,upon completion of the following conditions: <br /> r <br /> A. Erosion Control and Construction Hazard security in the form of a cash deposit in the <br /> amount of fifteen thousand dollars ($15,000). In the event of any breach by Developer, <br /> City may use the security to implement necessary erosion control and hazard elimination <br /> and prosecute the same to completion by any method the City deems advisable; and <br /> B. Routes and permits, as applicable, for oversized equipment and hauling approved by the <br /> City; and <br /> C. Good neighbor letter to inform residents and property owners within 1,000 feet of the <br /> Site regarding the mass grading. Such letter must first be submitted to the City for <br /> review and approval and must include Developer and contractor contact numbers for <br /> residents' concerns. <br /> Early Grading Agreement—536&550 St.John Street-Tract 8326 Page 1 of 6 <br />