MERITAGE HOMES OF CALIFORNIA (2)

Aft J. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses arising from work performed by the Developer. K. The insurer shall provide the amount of self-insured retention and City shall have the right to deny insurance coverage if it deems the self-insured retention exceeds reasonable deduction. 8. Final Map. A. Timing. Developer shall diligently pursue the City Council's approval of the final map and improvement plans for Tract 8245 no later than one (1)year after the date of this Agreement. B. Modifications to Plans. Developer acknowledges that this Agreement is being provided at the Developer's request based on Developer's interest in starting the rough grading without formal approval by the City Council of the final map and improvement plans for Tract 8245. Developer agrees that the City Council retains its discretion regarding the approval of such final map and improvement plans. If the City Council's approval involves modifications to such final map or improvement plans from those rough grading plans allowed by the City Engineer as the basis of rough grading,Developer shall re- grade based on the approved of Tract 8245 final map and improvement plans. C. Subdivision Agreement. Upon the City Council's approval of Tract 8245 final map and improvement plans, Developer shall execute a subdivision agreement in a form reasonably required by the City; and such subdivision agreement shall replace this Early Grading Agreement. 9. Attorney'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. 10.Notices. All notices herein required shall be in writing and shall be delivered in person or sent by certified mail,postage prepaid as follows: City Manager Meritage Homes of California, Inc. City of Pleasanton 860 Stillwater Road,#200A P.O. Box 520 West Sacramento, CA 95605 Pleasanton,CA 94566 Attn: Barry Grant 11. Binding on Land and Successors. All covenants,promises and agreements contained in this Agreement shall pertain to and do hereby expressly run with the land controlled by Developer and described herein. This Agreement shall bind and inure to the parties hereto, including heirs, assigns, executors, administrators, and all other parties whether they succeed by operation of law or voluntary acts of Developer. Early Grading Agreement—Tract 8245-Irby Ranch Page 6 of 7