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EARLY GRADING AGREEMENT - Toll Brothers Tract 8112 <br /> This Early Grading Agreement(the "Agreement") is made and entered into this day <br /> of June 2012, by and between Toll Bros., Inc., a Pennsylvania Corporation (the 'Developer") and <br /> the City of Pleasanton, a general law city, (the "City"). <br /> RECITALS <br /> WHEREAS, Developer has a City-approved planned unit development plan(PUD-06) <br /> and vesting tentative map for Tract 8112 (the "tract") for the development of 19 new single <br /> family homes on an approximately 18 acre site at 1689 Vineyard Avenue (the "site"); and <br /> WHEREAS, Developer desires to begin mass grading the site notwithstanding that the <br /> Developer does not have a City Council approved final subdivision map and improvement plans <br /> for the tract; and <br /> WHEREAS,the Developer has advised the City that the Developer has entered into an <br /> Agreement of Sale dated November 2011 to purchase the site, as well as a License Agreement <br /> dated May 18, 2012,to allow for mass grading of the site before Developer's completion of the <br /> purchase of the site from the Administrators of the Estate of J. B. Lin; and <br /> WHEREAS, City is willing to allow Developer to begin mass grading of the site based on <br /> the License Agreement and prior to city council approval of final subdivision map and <br /> improvement plans for the tract based on the covenants of Developer as set forth in this <br /> Agreement, to protect the City, neighbors and water quality as required by the State Water <br /> Board. <br /> NOW, THEREFORE, in consideration of the faithful performance of the promises, <br /> terms, conditions and covenants set forth herein by Developer, the parties hereto agree as <br /> follows: <br /> 1. Subject to the covenants of Developer as set forth below, as soon as commercially reasonably <br /> possible the City shall allow Developer to begin mass grading of the site. <br /> 2. Conditions Precedent. Prior to any mass grading of the site, Developer shall complete all of <br /> the following, in addition to other requirements of the City of Pleasanton Engineering and <br /> Building Division and any other public agencies with jurisdiction over the proposed mass <br /> grading work: <br /> A. Obtain demolition permit(including completing asbestos survey, active raptor nests <br /> survey and obtaining Air Quality district permit) and complete all demolition work <br /> for the existing home and structures on the site. <br /> Early Grading Agreement-Tract 8112 Page 1 of 7 <br />