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Randall E. Thwing <br /> May 20, 2004 <br /> Page 2 <br /> Additionally, your assertion that only 62 trees have been planted is incorrect. To date, the <br /> City has planted 66 trees in the development. For reasons unknown by the City, the developer <br /> planted two tree sites, thereby preventing the City from planting those sites. Further, the City did <br /> not plant two sites (with one plantable space each) pursuant to the homeowners' request. Lastly, one <br /> site remains unplanted and the City has not yet determined whether it will plant this site. It is notable <br /> that of the 66 trees planted by the City only four have met the three year establishment period. Thus, <br /> the total costs that the City will incur in complying with R -7.280 has yet to be determined. <br /> The discrepancy between the number of street trees planted in your client's development and <br /> number of trees that your client anticipated would be planted based on the amount of money paid <br /> to the City can be explained by the linear footage of plantable space within the development, <br /> requests from homeowners that some plantable sites not be planted, and your client's planting of two <br /> of the tree sites. When your client submitted his development plan to the City to determine the <br /> dollar amount that the City would charge to shoulder the responsibility to plant and maintain the <br /> street trees within the development, the development plan was at a very early stage. To determine <br /> that amount, the City calculated how many linear feet existed within the development, subtracted <br /> a certain amount for driveway width, known utilities and other known impediments for planting <br /> trees, and divided that number by 30 (the number of feet of space between trees). That number was <br /> multiplied by $330, thereby giving the dollar amount your clients owed the City. That amount did <br /> not represent a purchase of trees, however; it was a fee for the City to assume the responsibility for <br /> planting trees in accordance with City standards. The City fulfilled that responsibility. <br /> The City complied with the Agreement by planting street trees in Robbie Park in accordance <br /> with R- 7.280, and, thus, is not legally liable to your client for repayment of any of the contract <br /> amount. <br /> HARRANG LONG GARY RUDNICK P.C. — <br /> CITY ATTORNEYS <br /> ` <br /> Kathryn P. Brotherton <br /> KPB:abm <br /> cc: Johnny Medlin <br /> Mark Snyder <br /> • <br />