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AGREEMENT <br /> THIS AGREEMENT, made and entered into this day of <br /> 19_9 by and between the COUNTY OF SAN <br /> JOAQUIN, a political subdivision of the State of California, here- <br /> inafter referred to as COUNTY, Don A. Cose and Darlene A. Cose <br /> hereinafter referred to as DEVELOPER, <br /> and John A. Freitas and Mary Freitas . hereinafter <br /> referred to as LANDOWNER; <br /> WITNESSETH: <br /> WHEREAS, LANDOWNER owns certain real property commonly known <br /> as <br /> (street address and city) <br /> and as. more particularly described on Exhibit A. a copy of which is <br /> attached hereto and by this reference incorporated herein, which <br /> property is within a .subdivision developed by DEVELOPER; and <br /> WHEREAS, as a condition of the final subdivision map, DEVELOPER <br /> constructed or installed an individual drainage pond to be maintained <br /> by LANDOWNER and located on the real, property of LANDOWNER; and <br /> WHEREAS, LANDOWNER, without prior approval, has removed, recon- <br /> structed, filled in, or altered said improvements in such a manner <br /> as to make them nonfunctional or less efficient; and <br /> WHEREAS, subject to the terms, conditions, and covenants of <br /> this agreement, at the request of DEVELOPER and LANDOWNER, COUNTY <br /> agrees to permit these improvements to be maintained in their present <br /> condition, subject :to the limitations of liability as herein pro- <br /> vided; <br /> NOW. THEREFORE, the parties hereto, for and in consideration of <br /> the terms, conditions, covenants, and agreements contained herein, <br /> agree as follows: <br /> 1. OBLIGATION OF COUNTY. COUNTY agrees to the following: <br /> (a) To permit LANDOWNER to maintain existing improve- <br /> ments which have been altered, reconstructed, filled in, or <br /> removed so as to no longer comply with the requirements of <br /> the final subdivision map as filed by DEVELOPER. <br />