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SETTLEMENT AGREEMENT <br /> BETWEEN: The City of Eugene, a Municipal Corporation "The City" <br /> AND: Max Ansola, Jr. "Ansola" <br /> EFFECTIVE <br /> DATE: Upon signature by both parties <br /> RECITALS <br /> A. The City is a municipal corporation organized and existing under the laws of the State of Oregon. <br /> B. Ansola is the President of Ram, Inc. construction company and is in the process of developing <br /> property located within the corporate city limits of the City of Eugene, more specifically located <br /> at and including tax lots numbers 18- 03- 03 -23- 00300, 18- 03- 03 -23- 00400, 18- 03- 03 -23- 00402, <br /> 18- 03- 03 -20- 01100, 18- 03 -03 -20 -01200 and includes a publicly owned right -of -way at 25th <br /> Avenue ( "the Development "). <br /> C. The City has issued a "Notice of Violation Eugene Code 6.300 — 6.330" dated August 30, 1999, <br /> for alleged violations of the Eugene City Code Tree Felling Prohibition code sections and has filed <br /> a criminal complaint in Eugene Municipal Court entitled City of Eugene v. Max Ansola, Jr., Case <br /> No. 99- 19984, alleging 36 counts of violations of Eugene Code section 6.305. <br /> D. Ansola has admitted that some of the alleged violations occurred. <br /> F. The City and Ansola (collectively "the Parties ") wish to settle and fully compromise all allegations <br /> of Code violations. <br /> AGREEMENT <br /> NOW THEREFORE, in consideration of the covenants and promises set forth below and the <br /> recitals set forth above, which are incorporated by reference, the Parties agree as follows: <br /> 1. Ansola will pay to the City an administrative civil penalty of $20,000 within 30 days of the date <br /> of this Agreement. <br /> 2. Ansola and Ram, Inc. will not perform any additional work in the publicly owned right -of -way at <br /> 25th Avenue until this Agreement is executed and the administrative civil penalty has been paid <br /> in full to the City. <br /> 3. Ansola and Ram, Inc. will not remove any additional trees from the Development without first <br /> consulting the City of Eugene Urban Forester or his designee and obtaining the proper and <br /> necessary permits for tree felling. <br /> SETTLEMENT AGREEMENT Page 1 <br />