SWAIN REMOVE IMPROVEMENTS SLEEPYHEAD LANE

Agreement for Removal of Improvements and Restoration of Public Property This Agreement for Removal of"Impr9vements and Restoration of Public Property (the "Agreement") is entered into on .Wrf,6et,' ' ' , 2020, between the City of Pleasanton, a municipal corporation ("City") and Timothy W. Swain and Cathy L. Swain, Trustees of the Swain Family Trust dated May 8, 1989 (the "Swains" or the "Owners"). RECITALS A. The Swains are the owners of real property commonly known as 1101 and 1103 Sleepy Head Lane, Pleasanton, CA, more particularly described as: Parcel A of Parcel Map 10390, recorded May 10, 2016 in Book 332 of Maps, pages 257-259 inclusive, Alameda County Records (the "Property") APN 949 001 901 800. B. The Property is adjacent to the City's Callippe Preserve Golf Course at 8500 Clubhouse Drive, Pleasanton, CA. C. The Swains acknowledge that at their direction their contractors and agents have constructed improvements which were not authorized by the City on the City's golf course property, which improvements generally include, but are not limited to: split rail fencing; 21" diameter storm culvert; two foot bridges; vegetation planting (collectively the "Improvements") in the dry creek and open space portion of the City's golf course adjacent to the Property, in the area shown generally in the attached Exhibit A. D. After City staff became aware of these Improvements, City staff met with the Swains at their Property and the City's golf course in October 2020 to discuss the Swains' removal of the Improvements and restoration of the area. E. As the City's golf course is subject to federal and state regulatory jurisdiction', the Swains' removal of the Improvements and restoration of the City's golf course property may also require compliance with the requirements of such federal and state agencies. NOW, THEREFORE, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the City and the Swains agree as follows: 1. Removal of Improvements and Restoration of Public Property. Owners agree that Owners shall be responsible for all costs and expenses arising from the removal of the Improvements and restoration of the City's golf course property subject to the requirements of this Section 1. 1 Including, but not limited to: California Regional Water Quality Control Board Order No. 01-026—City of Pleasanton Municipal Golf Course; U.S.Army Corps of Engineers Permit No. 23275S; California Dept. of Fish and Game Notification#R3-2000-0619; and U.S. Fish and Wildlife Biological Opinion 1-1-99-F-213. 1