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August 31, 2004 <br /> Mark Snyder, Urban Forester <br /> Parks and Open Space, 1820 Roosevelt Blvd. <br /> Eugene, OR 97402 <br /> Re: Crescent Village Phase One <br /> Dear Mr. Snyder, <br /> Thank you for your letter (August 26 2004) concerning our proposed street tree agreement. I have made <br /> most of the changes you suggested (or are these actually mandatory changes ?). This revision <br /> "agreement" will be sent under a separate cover. Based upon my limited experience with the City Street <br /> Tree Program, I am sharing the following observations: <br /> 1. The City Street Tree Program provides two options, either the city plants the street trees and the <br /> developer covers the cost or the developer plants the trees with a performance bond. Neither of these two <br /> choices is an agreement or contract between the City and Arlie & Company. <br /> Agreements are defined as "a harmony of opinion or action, as in an agreement as to a course of action; a <br /> contract negotiated, duly executed, and enforceable by law" <br /> Contract is "an agreement between two or more parties that creates for each party a duty to do <br /> something." <br /> The making of an agreement / contract requires the mutual assent, or agreement, of two or more parties. <br /> It appears as though your procedures are in reality a street tree planting permit where the developer is <br /> subject to specific rules (for example, the building code developer pays fees and gets a permit). When <br /> one party makes all the rules that the other party must comply to, it is not a negotiated agreement or <br /> contract. <br /> 2. Based on my initial contacts with the Street Tree Program and your initial comments, Public Works <br /> Operation and Maintenance Divisions, including the City Forestry Division, are at odds with other city <br /> polities as set fourth in the Metro Plan, City Refinement Plans, and Trans -Plan relating to Nodal mixed - <br /> use developments. Further, your standards are best suited for single - family subdivisions, not high - density <br /> commercial developments. It is my suggestion that the City Operation and Maintenance elements need to <br /> spend some time in developing standards that are applicable to mixed -use commercial developments. For <br /> Phase One, most of the conflicting design issues have been resolved, however, other developers may not <br /> be as understanding or have the patience in working through these issues as Arlie & Company has. <br /> 3. Arlie & Company is not willing to go along with your idea that Arlie should replace any trees based <br /> upon a technical felling or taking of any existing street trees. Again, Crescent Avenue, situated along the <br /> arlie &company • 722 Country Club Road • Eugene, Oregon 97401 <br /> www.arlie.com • Phone 541 - 344 -5500 • Fax 541-485-2550 • mail @arlie.com <br />