GOLDEN EAGLE HOMEOWNERS ASSOCIATION - ROESLER

r . HERITAGE TREE PROTECTION AGREEMENT (GOLDEN EAGLE FARMS) THIS AGREEMENT is made this day of -AK H5 , 2000,between Oscar Ili and Veena Roesler, ("Homeowner") and the CITY OF PLEASANTON ("City"). RECITALS A. Homeowner is a property owner within Tract 6033, a single family subdivision «rithin the City of Pleasanton, commonly known as Golder.Eagle Farms. B. Homeowner has received design review approval (PDR-42) for a single family residence at 2106 Cascara Court. C. There are six heritage trees on this property, and one heritage tree in open space adjacent to the property which must be protected during development of the lot and thereafter. D. As required by the City's approving design review for this residence,the Golden Eagle Homeowner Association has provided a statement to ensure that the six heritage trees on the property and the one heritage tree adjacent to the property will be protected, both during development of the lot and thereafter. (see attached "Exhibit A".) NOW, THEREFORE, in consideration of the mutual promises expressed herein,the parties agree as follows: 1. City grants design review approval for the property at 2106 Cascara Court, Pleasanton, California. 2. Homeowner shall protect and maintain the six heritage trees on the property and the one heritage tree in the open space adjacent to the property,both during development of the property and thereafter. Such trees are described more particularly in the Tree Report dated April 26, 2000 by arborist David W. Nelson of Treescapes, Inc., on file with the City Planning Department. 3. If the City, in its reasonable discretion, determines that any of the above- referenced heritage trees on the property have been destroyed or substantially damaged, Homeowner shall pay to City the appraised value of such tree within 30 days of the City's notice to pay said amount.