JENSEN - CHANNEL BUFFER MAINTENANCE AGMT

~ f Recorded at the request of City of Pleasanton When recorded, return to: City of Pleasanton P.O. Box 520 Pleasanton, CA 94566 CHANNEL BUFFER MAINTENANCE AGREEMENT THIS CHANNEL BUFFER MAINTENANCE AGREEMENT is made this~D~ day of April, 2003 between Steven H. Jensen and Bobby J. Jensen, as Co-Trustees of the Jensen 1988 Living Trust, Manny Del Arroz and Juanita Del Arroz (collectively, "Property Owners") and the City of Pleasanton, a Municipal Corporation ("City"). RECITALS A. Property Owners are the owners of certain real property ("the Property") located in the City of Pleasanton, County of Alameda, State of California, described as follows: Lots 7, 8, 9, 20, 21, 27, 28, 29, 33, 34, and C Tract 7372, Filed , 2003, in Map Book _ ,pages ,Alameda County Records. B. Tract 7372 identifies on the Property a Channel Buffer Protection Area, the purpose of which is to prohibit Property Owners from certain activities within the Channel Buffer Protection Area and/or to restrict Property Owners from placing or constructing certain improvements within the Channel Buffer Protection Area, all as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the mutual promises expressed herein, Property Owners, on behalf of themselves and their successors in interest, and City, agree as follows: 1. No improvements including, but not limited to, decks, primary and accessory structures, fences, swimming pools, gravel or crushed rock, or permanent irrigation systems shall be placed or constructed within the Channel Buffer Protection Area; provided, however, that with the City's approval (a) a temporary (not to exceed five years) drip irrigation system may be installed within the Channel Buffer Protection Area, (b) a fence (with a gate) may be installed on the Property adjacent to but not within the Channel Buffer Protection Area, and (c) natural erosion control and slide repairs (but no rip-rap or concrete) may be performed within the Channel Buffer Protection Area. 2. Property Owners shall submit for City review and approval any proposed vegetation within the Channel Buffer Protection Area; only native riparian vegetation may be planted. Non- native vegetation, lawn and vegetable gardens shall not be permitted.