GOLDEN EAGLE HOMEOWNERS ASSOCIATION - SAIYA

Amok .. i2-9o(o HERITAGE TREE PROTECTION AGREEMENT WITHIN TRACT 6033 GOLDEN EAGLE FARMS THIS AGREEMENT is made this 'c�b — day of 2012 between Chetan Nemji Saiya ("Homeowner"), the GOLDEN EAGLE HOMEOWNERS ASSOCIATION ("Association"), and the CITY OF PLEASANTON ("City"). RECITALS A. Homeowner is a property owner within Tract 6033, a single-family subdivision within the City of Pleasanton, commonly known as Golden Eagle Farms. B. Homeowner has applied to the City for design review approval, Case P11-0803, for an addition and modification of the home and front yard, respectively, for Lot 44 within Tract 6033, commonly known as 8048 Golden Eagle Way, Pleasanton, California ("Property"). C. There is one heritage tree on the Property that will be affected by the front yard site modification. This heritage tree is an 12-12-inch introduced live oak tree, located in the front yard by the driveway, and identified as Tree #30 (Tree #30) in the Tree Survey for 8048 Golden Eagle Way by Timothy C. Ghirardelli, Consulting Arborist Services, dated October 3, 2011 ("Tree Report"), attached hereto as Exhibit A, and incorporated in Case P11-0803. Tree#30 is the same tree as the 18-inch diameter oak identified in paragraph 8 of the Conditions of Approval for Case P11-0803. D. One of the conditions of the City approving the design review of the building addition and site modifications for the Property is that the Homeowner obtains a written statement from the Association to ensure that Tree #30 will be protected, both during construction and thereafter. NOW, THEREFORE, in consideration of the mutual promises expressed herein, the parties agree as follows: 1. The City grants design review approval for Case P11-0803 for the Property. HERITAGE TREE PROTECTION AGREEMENT Page 1 of 2 Case P11-0803, 4048 Golden Eagle Way