ST. JOHN'S PLACE LOW FLOW CREEK CROSSING MAINTENANCE

ST. JOHN'S PLACE LOW FLOW CREEK CROSSING MAINTENANCE AGREEMENT THIS ST. JOHN'S PLACE LOW FLOW CREEK CROSSING MAINTENANCE AGREEMENT is made this 25 day of May, 2011, between the City of Pleasanton ("City") and Saint John's Place Owners Association ("HOA"). RECITALS WHEREAS, on February 21, 1995, by its Ordinance No. 1648, the City Council of the City of Pleasanton approved a Planned Unit Development (PUD) Development Plan (PUD-94-04) to allow construction of 43 detached single family homes on 7.6 acres at the northwest corner of Pleasanton Avenue and St.John Street; and WHEREAS, as part of its approval, the City Council imposed certain conditions, attached as Exhibit B to Ordinance No. 1648, and its condition numbers 23, 24, 29, 30, 93,94, 95, 96, and 97 specifically relate to the installation and maintenance of a creek crossing and trail over the Arroyo del Valle, as more specifically identified in Exhibit A attached hereto and incorporated herein by reference ("Property"); and WHEREAS, the Final Map for Tract 6728 was approved on December 04, 1995 and said map included a Utility Vault 10' wide, three-sided bridge with two 5' sections to make for a 20' span over the Arroyo del Valle; and WHEREAS, St. John's Place Owners Association was formed in accordance with the conditions of approval for PUD-94-04, and pursuant to the Declaration of Covenants, Conditions and Restrictions of St.John's Place ("CC&Rs"), recorded April 8, 1996; and WHEREAS,the CC&Rs provide, in part, as follows: 5.1.2 Creek: The Association shall maintain, repair and replace, as necessary, the creek trail adjacent to Parcel A. Such maintenance shall include removal of all graffiti (within seven [7] days after receipt of any report of graffiti, the Association shall take all steps necessary to complete the removal of the graffiti.) The Association shall also maintain, repair and replace, as necessary, the low-flow crossing which may, from time-to-time, be damaged or destroyed by currents and 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 attached hereto as a Exhibit "A", including the annual reporting requirements to the City's City Engineer; and WHEREAS, since 1996 erosion in the creek has undermined the trail on either side of the box culvert creek crossing; and WHEREAS, over the years the HOA has sought to repair and maintain this trail, but by 2009, the damage caused by storm flow in the creek was substantial; and 1