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TREE PROTECTION AGREEMENT <br /> This Agreement is made this j 4hday of July 2014, between Quarry Lane School, <br /> whose mailing address is 6363 Tassajara Road, Dublin, CA 94568 ("Applicant")and the City of <br /> Pleasanton ("City"). <br /> RECITALS <br /> A. Applicant owns the property at 3750 Boulder Street, Pleasanton, CA 94566 <br /> ("Property") which is located within the Valley Business Park. <br /> B. On May 29, 2014, Applicant received approval (P-14-0108) from the Zoning <br /> Administrator of the City of Pleasanton to make certain improvements to the Property, i.e., <br /> improving the existing playground area to include an 18-inch tall concrete retaining wall, <br /> modified wrought iron fence, drainage improvements, and lawn replacement. <br /> C. There are 5 trees, including 3 "heritage trees" on this property, which Applicant <br /> must protect during construction and thereafter pursuant to condition of approval no. 6 of P-14- <br /> 0108. To satisfy condition no. 6, the Applicant has agreed to provide a bond to the City to <br /> ensure the health of the trees on the Property. <br /> NOW, THEREFORE, in consideration of the mutual promises expressed herein, the <br /> parties agree as follows: <br /> 1. Applicant agrees to protect and maintain the 5 trees on the Property both during <br /> construction and thereafter. Such trees are described more particularly in the <br /> Arborist Report prepared by Timothy C. Ghiradelli dated February 10, 2014. <br /> 2. Applicant further agrees to post a bond in the amount of$9,400 (the agreed upon <br /> value of the trees) which Applicant shall forfeit if the City, in its reasonable <br /> discretion, determines that any of the above-referenced trees on the Property have <br /> been destroyed or substantially damaged. <br /> 3. City shall hold the bond for one year from the date of deposit. However, the City <br /> has the right to require that the bond be extended one additional year if after the <br /> first year it is uncertain that the health of the trees is intact. <br /> 4. The decision on whether to hold the bond an additional year(pursuant to <br /> paragraph 3) or whether the bond shall be forfeited (pursuant to paragraph 2) will <br /> be made by the Community Development Director based on the advice of the <br />