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�► ,.g*, <br /> B. Modifications to Plans. Developer acknowledges that this Agreement is being provided at <br /> the Developer's request based on Developer's interest in starting the mass grading without <br /> formal approval by the City Council of the final map and improvement plans for Tract 8326. <br /> Developer agrees that the City Council retains its discretion regarding the approval of such <br /> final map and improvement plans. If the City Council's approval involves modifications to <br /> such final map or improvement plans from those mass grading plans allowed by the City <br /> Engineer as the basis of mass grading, Developer shall re-grade based on the approved of <br /> Tract 8326 final map and improvement plans. <br /> C. Subdivision Agreement. Upon the City Council's approval of Tract 8326 final map and <br /> improvement plans, Developer shall execute a subdivision agreement in a form reasonably <br /> required by the City; and such subdivision agreement shall replace this Early Grading <br /> Agreement. <br /> 8. Attorney 'sy Fees. The prevailing party in any action or suit for the enforcement of rights under <br /> this Agreement, shall be entitled to payment of its reasonable attorneys' fees as may be fixed by <br /> the court on account thereof. <br /> 9. Notices. All notices herein required shall be in writing and shall be delivered in person or sent <br /> by certified mail,postage prepaid as follows: <br /> City Manager KN St. John LP <br /> City of Pleasanton 4545 Crow Canyon Place <br /> P.O. Box 520 Castro Valley, CA 94552 <br /> Pleasanton, CA 94566 Attn: H. James Knuppe <br /> 10. Binding on Land and Successors. All covenants,promises and agreements contained in this <br /> Agreement shall pertain to and do hereby expressly run with the land controlled by Developer <br /> and described herein. This Agreement shall bind and inure to the parties hereto, including heirs, <br /> assigns, executors, administrators, and all other parties whether they succeed by operation of <br /> law or voluntary acts of Developer. <br /> 11. Applicable Law. This Agreement shall be subject to the laws of State of California and any <br /> action to enforce the terms of this Agreement shall be filed in the Alameda County Superior <br /> Court. <br /> The parties hereto affix their signatures to this Agreement as of the date and year first written <br /> above. <br /> Early Grading Agreement—536&550 St.John Street-Tract 8326 Page 5 of 6 <br />