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Mark R. Snyder, Urban Forester <br /> City of Eugene <br /> May 10, 2004 <br /> Page 2 <br /> received trees to that specification. The establishment period for the original trees, in accordance <br /> with R- 7.280 -e: (1) Is three years, and, for many of the trees, that time period has now expired; and <br /> (2) Any tree replacement in accordance with the agreement should have occurred, or will occur, with <br /> the 10% that he has paid. <br /> It is clear from the reading of the agreement, and the rule, specifically R- 7.280 -f that each developer <br /> pays the City the costs of purchase, installation and establishment of the required trees. The City <br /> charges an extra amount for replacement during the establishment period. Any trees that die after <br /> that period of time are the responsibility of the City and not the developer. <br /> Based upon the foregoing, your assertion that the Street Tree Agreement was never intended to <br /> represent a set number of trees is incorrect. This development is finalized, and, from what my client <br /> can determine, the full number of trees permissible has been planted. Apparently, the estimate of <br /> 72 trees was not accurate, and the City should not be allowed to benefit or be unjustly enriched as <br /> a result. <br /> You have been paid sufficient funds, the establishment period is adequately provided for, and, unless <br /> you are able represent that the full number of trees will be planted by a certain date, then my client <br /> is entitled to a reimbursement for 10 trees at $330.00 per tree, or the sum of $3,300.00. <br /> I would be more than happy to discuss this matter with you, or your representative, during the 10 <br /> days provided herein. <br /> Very truly yours, <br /> Randall E. Thwing <br /> RET /dae <br /> cc: Rod Kempf <br /> Johnny Medlin, Director of <br /> Parks and Open Space Division <br />