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MASS GRADING AGREEMENT <br />TRACT 7381, BUSCH/PONDEROSA PROPERTY , PLEASANTON <br />ALAMEDA COUNTY, CALIFORNIA <br />THIS AGREEMENT made and entered at Pleasanton, California, this ~ day of ~G( ~~/ <br />2003 , by and between: ' <br />Ponderosa Homes II, Inc. <br />6671 Owens Drive <br />Pleasanton, CA 94588 <br />(hereinafter referred to as "Developer") and the CITY OF PLEASANTON, a general law city, <br />located in Alameda County, California, acting through the City Manager and the City Clerk, <br />(hereinafter referred to as "City"). <br />WHEREAS, Developer has an approved tentative map for Tract 7381, lying within the <br />boundaries of the City, duly approved by the Planning Commission; and <br />WHEREAS, all or a portion of the azea of the tentative map is presented on the "Grading <br />Plan," for Tract 7381, and a copy of the Grading Plan is on file in the office of the City Engineer, <br />and by reference is included in this Agreement for all purposes as if attached hereto; and <br />WHEREAS, as a condition precedent to allowing mass grading work by Developer, City <br />requires certain protection. <br />NOW, THEREFORE, in consideration of the faithful performance of the promises, <br />terms, conditions and covenants set forth herein by Developer and the approval of the Grading <br />Plan by the City, the parties hereto agree as follows: <br />1. Time of Essence. Time is of the essence in the performance of this Agreement. <br />The work and improvements required by this Agreement to be completed by Developer shall be <br />completed within one yeaz of the approval of Grading Plan by the City Engineer. <br />The City may extend the time for completion upon good cause being shown in writing by <br />the Developer. The City may notify the developer and the surety company of such extension <br />however any such extension may be granted without notice to the Developer's surety, and any <br />SUBDIVISION AGREEMENT -Mass Grading Agreement <br />Tract 7381, Busch/Ponderosa Property <br />Page 1 of 7 <br />