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NOW, THEREFORE, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the City and the Reddys agree as follows: 1. Design Review Process. The Reddys shall submit and diligently pursue an application with the City for a design review of their residence to determine if: (a)The plans submitted to the City for the building permit described in Section I, above, are consistent with the plans approved by the Ruby Hill Owners' Association's Architectural Design Committee; and (b)The as-built condition of the residence complies with the plans submitted to the City for the building permit as described in Section I, above; and (c) The as-built condition of the residence deviates from the plans approved by the Ruby Hill Owners' Association's Architectural Design Committee, or if it deviates from the plans submitted for the building permit, or if it conforms to the Ruby Hill development's Design Review Guidelines dated October 1992, updated June 1994 &September 1995 &January 2000; and (d)The as-built condition resulted in any impermissible encroachment onto or modification of drainage patterns impacting adjacent property; and (e)The as-built condition of the residence meets all of the other requirements of the Ruby Hill Development Regulations and the Pleasanton Municipal Code. The Reddys acknowledge that the City's design review process, as generally described in Pleasanton Municipal Code Chapter 18.20, shall involve a noticed public hearing before the Planning Commission, at which the Reddys, Ruby Hill Owners' Association, and members of the public are all provided the opportunity to comment on items(a)through (d), above, as well as any issue related to the Reddy residence or Ruby Hill development. In addition, the Reddys acknowledge that any decision of the Planning Commission is subject to appeal by any person to the City Council, upon which appeal another noticed public hearing will take place where public comment will again be received from any interested person. The Reddys further acknowledge that public hearings are scheduled in the reasonable discretion of the Director of Community Development and the City Manager of the City, and that a date for a public hearing cannot be guaranteed. 2. Covenant to Adhere to Final Design Review Decision. Upon a final decision from the design review process and expiration of any appeal period, the Reddys covenant 4