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AOM <br /> ry <br /> 2. The Homeowner shall protect and maintain Tree #30, both during the <br /> construction of the front yard modification and thereafter, following the <br /> recommendations of the Tree Report. <br /> 3. If the City, in its sole discretion, determines that Tree #30 is removed, <br /> destroyed, disfigured, or substantially damaged, Homeowner and/or Association shall <br /> pay to the City $5,000 within 30 calendar days of the City's notice to pay said amount. <br /> 4. This agreement is not intended to, nor does it, supersede or replace the <br /> City's tree preservations measures as set forth in Case P11-0803 and Chapter 17.16 of <br /> the Pleasanton Municipal Code. <br /> 5. If it becomes necessary for any party to file suit in order to carry or enforce <br /> this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys <br /> fees and costs, in addition to equitable relief or damages. <br /> Homeowner <br /> By. <br /> print Name: C <br /> City of Pleasanton <br /> By: <br /> Nelson Fialho <br /> City Manager <br /> Golden Ea le Homeowner 'on <br /> By: <br /> Print Name: <br /> Title: <br /> Approved as to form: <br /> By: <br /> Jonathan P. Lowell <br /> City Attorney <br /> City of Pleasanton <br /> HERITAGE TREE PROTECTION AGREEMENT <br /> Page 2 of 2 <br /> Case P11-0803, 4048 Golden Eagle Way <br />