ST. JOHN'S PLACE LOW FLOW CREEK CROSSING MAINTENANCE

WHEREAS, the HOA has obtained the required permit from the California Department of Fish and Game to perform work in the creek bed to perform the required repairs to the creek banks at the bridge abutments, and WHEREAS, the HOA does not currently have the funds to make major repairs to the creek crossing, and has not budgeted for such a costly expenditure; and WHEREAS, the City of Pleasanton has an extensive trail network, as set forth in its General Plan and Trails Master Plan, and desires to keep this particular creek crossing passable in order that the trail at this location continues to be useable for all Pleasanton residents and guests; and WHEREAS, in light of the public benefit provided by this trail, the City is amenable to providing funding for and directing the repair of the creek crossing in this particular instance, and has identified one-time monies in the City's Capital Improvement Fund to pay for such repair work in this particular instance. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to assure the continued maintenance of the subject bridge and appurtenant abutments on the Property in accordance with the approvals for the St. John's Place subdivision, as adopted pursuant to Ordinance No. 1648 and the Final Map for Tract 6728. 2. Maintenance Requirements for Creek Crossing. The HOA shall maintain, repair or replace, as necessary, the low flow crossing which may, from time to time be damaged or destroyed by currents or debris. The Association shall also maintain the Eastern and Western creek banks in the portion of the creek adjacent to parcel A. The Association shall comply with the "Creek Maintenance Plan" as well as the annual reporting requirements to the City Engineer, performing annual visual inspections. 3. HOA to Obtain All Permitting for Restoration Work. The HOA shall obtain all necessary permits for the creek crossing and appurtenant trail restoration. Permits are anticipated to be needed from the California Department of Fish and Game, the U.S. Army Corps of Engineers, and the State Regional Water Board. 4. City Contribution. Within a 18 month time period following the effective date of this Agreement, and following receipt by HOA of all necessary permits from the California Department of Fish and Game, the U.S. Army Corps of Engineers, as well as any other permits required to perform this work, the City shall fund and arrange for restoration of the trail leading to the creek crossing. This contribution and restoration project shall be provided this one time only. The expected cost to the City is approximately$92,000, and the City's contribution shall not exceed $92,000. The expected lifespan of these one-time improvements is 30 years. Nothing herein shall obligate the HOA to complete this "one- time" City restoration project if the cost, including permit fees, exceeds the current HOA financial resources. 5. HOA Budgeting and Capital Replacement Responsibility. HOA shall budget for the continued maintenance and future replacements of the creek crossing (including bridge (box culvert) and trail in the creek bed leading to the bridge). HOA's maintenance and replacement obligation under this section 2