New Search
THWING & THWING, P.C. <br /> ATTORNEYS AT LAW <br /> SIDNEY E. THWING (1914 -1999) 600 CITIZENS BUILDING CORRESPONDENCE ADDRESS <br /> RANDALL E. THWING 975 OAK STREET P.O. Box 11064 <br /> EUGENE, OREGON 97401 EUGENE, OREGON 97440 <br /> TELEPHONE <br /> (541) 683 -1134 <br /> FAX (541) 342 -6177 <br /> May 10, 2004 <br /> Mark R. Snyder, Urban Forester <br /> City of Eugene <br /> 1820 Roosevelt Blvd. <br /> Eugene, OR 97402 <br /> Re: My Client: Rod Kempf <br /> Dear Mr. Snyder: <br /> Your letter of February 10, 2004 has been carefully considered by my client, Rod Kempf, and he has <br /> asked that I respond on his behalf. <br /> A review of the materials he submitted to me reveals that the City of Eugene, by and through your <br /> division, has failed and neglected to comply with the terms and provisions of the Street Plan <br /> Agreement for Robbie Park, dated June 4, 1999. As a result, Mr. Kempf has been damaged in the <br /> amount of $3,300.00 representing 10 trees paid for and not received. <br /> If payment, or arrangements for payment, of this amount have not been made within 10 days from <br /> the date of this letter, then please accept this as notice of Mr. Kempf's intent to institute a suit against <br /> the City of Eugene for recovery of his damages. <br /> In your letter of February 10, 2004, you acknowledged that the City has failed to plant the requisite <br /> number of trees as provided for in the Street Plan Agreement referenced above. That agreement and <br /> the Administrative Rule R- 7.280, which is incorporated into the agreement, specifically provides that <br /> the City is to purchase, install and establish the street trees in consideration for the developer paying <br /> a fee equal to the costs of the purchase, installation and establishment of the required street trees. <br /> Attached to the agreement is a plan for review entitled Option A, Land Use Referral No. S9814. A <br /> copy of the plan for review is enclosed for your information. It is clear from a reading of that <br /> document that the charges assessed by the City Manager, and paid by my client, included payment <br /> for 72 trees that were required as a part of this project. Also included was a 10% mortality rate for <br /> the establishment of the trees in the amount of $2,160.00. <br /> To date, only 62 of trees have been planted, and a substantial number of those trees are below the <br /> standards as provided by Administrative Rule R -280. <br /> My client has paid for trees for residential class streets with a minimum of 1.5 inch in calabur <br /> measured 6 inches above the ground in accordance with Section 4 of the agreement. He has not <br />