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. <br /> 1.1 City's responsibilities under this paragraph shall arise, if at all, subsequent to <br /> Developer's payment of fees required under paragraph 2. <br /> 1.2 Developer agrees to provide City access to the Property at all times for purposes <br /> of City's performance under this Agreement. <br /> 2. Cost of Work. Developer shall pay to City a fee established by the City Manager <br /> pursuant to section 2.020 of the Eugene Code, 1971, that is equal to the cost of the purchase, <br /> • installation and establishment of the required street trees. With respect to Developer's Plan, the <br /> amount required under this paragraph equals $ 66,330. <br /> 2.1 In the event Developer makes changes to its development plans or specifications, <br /> Developer shall submit another Plan to City which demonstrates Developer's <br /> compliance with the provisions of this Agreement, including any additional <br /> .required fees and deposit amount, for City's approval. <br /> 3. Term. This Agreement shall commence upon the signature of both parties and shall <br /> continue until such time as all tree establishment periods have expired. <br /> • <br /> 4. Development Approval. Developer acknowledges and agrees that no final subdivision <br /> plat, planned unit development, partition or development plan shall be granted by City until <br /> Developer and City have executed this Agreement. <br /> 4.1 Developer agrees to include Exhibit C within the CC &R's for each lot within the <br /> development. This agreement is solely between City and Developer for <br /> informational purposes and, as such, does not confer any rights upon any third <br /> parties. <br /> 5. Time of Essence. Time is of the essence for each of the terms, covenants and conditions <br /> of this Agreement. <br /> 6. Notice. Any notice required by. this Agreement shall be in writing and may delivered <br /> and served personally, or alternatively, may be deposited in the United States mail, postage <br /> prepaid, registered or certified, return receipt requested and regular first class mail, addressed to <br /> the parties as shown below: <br /> City: City of Eugene <br /> Urban Forester <br /> 1820 Roosevelt Blvd. <br /> Eugene, OR 97402 <br /> Developer: Terra Buono Properties III, LLC <br /> Clayton Walker, General Manager <br /> Eugene, OR 97440 <br /> Such notice, if mailed within the State of Oregon, shall be considered delivered upon the second <br /> Street Tree Plan Agreement - City Plants Alternate - 2 of 25 9 9 - 0 0 4 0 5 <br />