PONDERSOA HOMES II - EARLY GRADING

EARLY GRADING AGREEMENT—Ponderosa Homes Tract 7721 This Early Grading Agreement(the"Agreement") is made and entered into this , day of 2012,by and between Ponderosa Homes II, Inc., a California Corporation(the "Devel er')and the City of Pleasanton, a general law city, (the "City"). . RECITALS WHEREAS,Developer has a City-approved planned unit development plan(PUD-50- 01M)and vesting tentative map for Tract 7721 (the"tract")for the development of 31 lots and new single family homes on an approximately 19.6 acre site at 3157 Trenery Drive and 2313 Martin Avenue(the"site"); and WHEREAS,Developer desires to begin mass grading the site notwithstanding that the .Developer does not have a City Council approved final subdivision map and improvement plans for the tract; and WHEREAS, City is willing to allow Developer to begin mass grading of the site based on the covenants of Developer as set forth in this Agreement,to protect the City,neighbors and water quality. NOW,THEREFORE, in consideration of the faithful performance of the promises, terms, conditions and covenants set forth herein by Developer,the parties hereto agree as follows: 1. Mass Grading Conditions. Developer may proceed with the mass grading of the site pursuant to Mass Grading Plans repared by Ruggeri-Jensen-Azar, dated March 29,2012,, and approved by the City on::�U I 0 Zd 1 upon completion of the following conditions: A. The project developer Q alified Storm water Pollution Prevention Plan Developer (QSD)shall prepare the SWPPP as required by the State Water Resources Control Board National Pollutant Discharge Elimination System(NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, arid a signed copy of the Mass Grading Plan and a signed copy of SWPPP shall be on file in the office of the City Engineer, and by reference is included in this Agreement for all purposes as if attached hereto; and B. Erosion Control and Construction Hazard security in the form of a cash deposit in the amount of twenty five thousand dollars ($25,000). In the event of any breach by Developer,City may use the security to implement necessary erosion control,hazard elimination, and provisions of the SWPPP and prosecute the same to completion by any method the City deems advisable; and C. Routes and permits, as applicable, for oversized equipment and hauling approved by the City; and Early Grading Agreement-Tract 7721 Page 1 of 7