DENOVA HOMES TRACT 8147 TOWNSHIP SQUARE 15-1304

EARLY GRADING AGREEMENT Tract 8147,Township Square THIS EARLY GRADING AGREEMENT ("Agreement") for Tract 8147, Township Square is prepared and entered t-( , 2014 by and between DeNova Homes (owner) and the City of Pleasanton, a municipal corporation ("City"). RECITALS A. Owner is the owner of real property commonly known as Tract 8159, Township Square, Pleasanton, CA, and more particularly described as set forth in the attached Exhibit A(the "Property") B. Owner has received planned unit development(PUD) approval from the City to construct twelve(97) detached single family homes and 210 apartment units on the Property pursuant to City Ordinance No. 2078, known as PUD-96, and Owner has approved Vesting Tentative Map 8147, and will soon submit Final Map to City for approval to subdivide the Property into twelve (12) lots; and C. Owner seeks to grade the Property prior to receiving City Council approval regarding Owner's Final Map for recording subdivision; D. City is willing to allow Owner to undertake such early grading of the Property subject to protections for the City, neighboring property owners, and storm water quality as set forth in this Agreement. NOW,THEREFORE, in exchange for valuable consideration, the receipt of which is hereby acknowledged,the City and Owner agree as follows: 1. Work. Owner will do or cause to be done and only perform the grading work on the Property, as described in the Grading Plan prepared by Ruggeri-Jensen-Azar dated May 2014 and approved by the City Engineer(the "Work"). a. Owner must obtain and keep in effect a valid Storm Water Pollution Prevention Plan (SWPPP) for the Work on the Property. b. Prior written approval by the City Engineer, or his or her designee, is required before any modifications can be made to the Work. 2. Trees. To fulfill the requirements of PUD-96 regarding trees on the Property, Owner shall submit with this Agreement the following: Early Grading Agreement(PUD-96),Tract 8147,Township Square Page 1 of 6