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by the City will not relieve developer from his/her NPDES responsibilities to the State <br /> Water Board <br /> 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 8112. 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 8112 final map and improvement plans. <br /> C. Subdivision Agreement. Upon the City Council's approval of Tract 8112 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 /> 11.Notices. All notices herein required shall be in writing and shall be delivered in person or <br /> sent by certified mail, postage prepaid. Notices required to be given to City shall be <br /> addressed as follows: <br /> City Manager <br /> City of Pleasanton <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> Notices required to be given to Developer shall be addressed as follows: <br /> Toll Bros., Inc. <br /> Rick Nelson <br /> 2000 Crow Canyon PI, Suite 200 <br /> San Ramon, CA 94583 <br /> Notices required to be given surety shall be addressed as follows: <br /> Provided that any party or the surety may change such address by notice in writing to the <br /> other party and thereafter notices shall be addressed and transmitted to the new address. <br /> 12. 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 /> Early Grading Agreement-Tract 8112 Page 6 of 7 <br />