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B. Modifications to Plans. Developer acknowledges that this Agreement is being provided <br /> at the Developer's request based on Developer's interest in starting the mass grading <br /> without formal approval by the City Council of the final map and improvement plans for <br /> Tract 7721. Developer agrees that the City Council retains its discretion regarding the <br /> approval of such final map and improvement plans. If the City Council's approval <br /> involves modifications to such final map or improvement plans from those mass grading <br /> plans allowed by the City Engineer as the basis of mass grading, Developer shall re-grade <br /> based on the approved of Tract 7721 final map and improvement plans. <br /> C. Subdivision Agreement. Upon the City Council's approval of Tract 7721 final map and <br /> improvement plans,Developer shall execute a subdivision agreement in a form <br /> reasonably required by the City; and such subdivision agreement shall replace this Early <br /> Grading Agreement. <br /> 9. Attorneys Fees. The prevailing party in any action or suit for the enforcement of rights <br /> under this Agreement, shall be entitled to payment of its reasonable attorneys' fees as may be <br /> fixed by the court on account thereof. <br /> 10.Notices. All notices herein required shall be in writing and shall be delivered in person or <br /> sent by certified mail,postage prepaid as follows: <br /> City Manager Ponderosa Homes II,Inc. <br /> City of Pleasanton 6671 Owens Drive <br /> P.O. Box 520 Pleasanton,CA 94588 <br /> Pleasanton, CA 94566 Attn: Jeffrey Schroeder <br /> 11.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 <br /> Developer and described herein. This Agreement shall bind and inure to the parties hereto, <br /> including heirs, assigns,executors,administrators, and all other parties whether they succeed <br /> by operation of law or voluntary acts of Developer. <br /> 12. 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 /> CITY OF PLEASANTON DEVELOPER <br /> Ponderosa Homes II,Inc. <br /> a California Corporation <br /> /fIelson FA1ho, City M er <br /> Early Grading Agreement-Tract 7721 Page 6 of 7 <br />