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• <br /> STREET TREE PLAN AGREEMENT <br /> For Crescent Meadows Fourth Addition <br /> BETWEEN: CITY OF EUGENE, <br /> an Oregon municipal corporation ( "City") <br /> AND Terra Buono Properties III, LLC • ( "Developer ") <br /> DATE: February 3, 1998 <br /> RECITALS <br /> A. Developer owns certain property within the City of Eugene, Lane County, Oregon, more <br /> particularly described in Exhibit A, attached hereto and incorporated herein by this reference <br /> ("Property"). <br /> B. Developer has requested approval by City of development of the Property; Developer's <br /> proposed development involves the creation of a street. <br /> C. On the 28th day of February 1997, the City Manager adopted Administrative Rule R -7.280 <br /> ( "Rule "), a copy of which is attached hereto as Exhibit B and incorporated herein by this <br /> reference. The Rule specifies that approval of a development that involves the creation of a street <br /> shall not be granted unless the applicant has submitted and received approval of a Street Tree Plan <br /> or executed an agreement with the City to ensure that street trees will be planted and established <br /> in accordance with City standards, procedures and policies. <br /> D. In submitting an application for approval of a Street Tree Plan ( "Plan "), Developer has <br /> elected to pursue the alternative method of satisfying City tree planting requirements by entering <br /> • into a Street Tree Plan Agreement ( "Agreement ") with City. <br /> E. City and Developer wish to enter into this Agreement to set forth the parties understanding <br /> and obligations relating to the purchase, installation and establishment of street trees and the fees <br /> relating thereto. <br /> • <br /> AGREEMENT <br /> Now, therefore, in consideration of the foregoing Recitals, which by this reference are <br /> incorporated herein as if set forth in full, and of the mutual covenants, conditions and obligations <br /> on the part of each party to be kept and performed, it is hereby agreed as follows: <br /> 1. Scope of Work. City agrees to purchase, install and establish the street trees in <br /> accordance with the procedures, standards and requirements of the Rule. <br /> Street Tree Plan Agreement - City Plants Alternate -1 of 25 9 9 - 0 0 4 0 5 <br />