MERITAGE HOMES OF CALIFORNIA (2)

EARLY GRADING AGREEMENT Tract 8245, Irby Ranch V_A__ This Early Grading Agreement(the "Agreement") is made and entered into this 0 day of ��, 2018,by and between Meritage Homes of California, Inc., a California corporation (the "Developer") and the City of Pleasanton, a general law city, (the "City"). RECITALS WHEREAS, Developer has a City-approved planned unit development plan(PUD-110) and vesting tentative map for Tract 8245 (the"Tract")for the development of 87 new single- family homes on an approximately 10.6-acre site, establishing an open space/arroyo parcel on 2.8 acres, and creating one approximately 1.64-acre lot to be dedicated to the City for affordable housing, on a combined 15.03-acre site located at 3988 First Street, 3878 Stanley Boulevard, and 3780 Stanley Boulevard(the"Site"); and WHEREAS, Developer desires to begin rough grading of the Site notwithstanding that the Developer does not have a City Council-approved final map and improvement plans for the ' Tract; and WHEREAS, City is willing to allow Developer to begin rough 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. Rough Grading Conditions. Developer may proceed with the rough grading of the Site pursuant to Rough Grading Plans prepared by Carlson, Barbee, &Gibson, Inc., dated and approved by the City on ,upon completion of the following conditions: A. A Storm Water Pollution Prevention Plan (SWPPP): Developer's certified Qualified SWPPP Developer(QSD)has prepared the SWPPP as required by the State Water Resources Control Board's Construction General Permit for Discharges of Storm Water Associated with Construction Activity and Land Disturbance Activities, and a copy of the Rough Grading Plans and 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. B. Erosion Control and Construction Hazard security in the form of a cash deposit in the amount of thirty thousand dollars ($30,000.00). In the event of any breach by Developer, City may use the security deposit 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. Early Grading Agreement—Tract 8245-Irby Ranch Page 1 of 7