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8. If a homeowners' association is established for the development, That the CC&Rs of the homeowners' association shall be submitted to the City for review and approval prior to submittal of a final map and that the City shall be named as third party beneficiary of the CC&Rs and granted the power to enforce their provisions if the homeowners' association fails to do so. 9. That the grading for streets and other public improve- ments shall be substantially as shown on the development plan and the plans for all on-site grading shall be submitted to the City for approval at the earliest possible time in the development process, No on-site or off-site grading shall take place without prior City approval, 10. That the developer acknowledges that the City of Pleasanton does not guarantee the availability of sufficient sewer capacity to serve this development by approval of this project and the developer agrees and acknowledges that building permit approval may be withheld if sewer capacity is found by the City not to be available. 11. That the applicant be cognizant of the fact that City aPProval is required prior to removal of any heritage sized tree, 12. That the grading plan for the tract shall show driveway access for all lots and any trees proposed to be removed within the entire subject site. 13. That approval of the water system, sanitary sewer system, storm drain system and utility distribution system be withheld pending final design. 14. That approval for the line, grade, width and structural sections of all streets and drives within this development be withheld pending final design, 15. That all street and underground improvements, both public and private, shall be guaranteed by contracts and bonds. 16.. That all existing geologic and soils reports shall be recorded with the Alameda County Recorder and that all site or lot specific studies shall be recorded against each parcel when completed. A-2