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3. No tree(s) identified in Exhibit "B" shall be removed in the future without City agreement. <br /> 4. In the event any tree identified in Exhibit "B" dies due to disease, accident or vandalism, <br /> LTD will replace the tree with a tree of similar species and value. <br /> 5. If the necessity for removal of a tree identified in Exhibit "B" is agreed to by the City, LTD <br /> will either replace the tree or pay fees to the City according to the process described in <br /> Eugene Code Section 6.305 (3) for replacement. <br /> CITY AGREES: <br /> 6. This agreement and the replacement trees shown in Exhibit "B" for the removed street <br /> trees abutting the Eugene Station Project satisfies Eugene Code Section 6.305 (3) as it <br /> relates to mitigating the value of removed street trees. <br /> LTD AND CITY AGREE: <br /> 7. The terms of this agreement shall remain in effect until otherwise agreed by both parties. <br /> 8. Neither party shall assign this contract, in whole or in part, or any right or obligation <br /> hereunder, without the other party's prior written approval. <br /> 9. This contract embodies the entire agreement of the parties. There are no promises, <br /> terms, conditions or obligations other than those contained herein. This contract shall <br /> supersede all prior communications, representations or agreements, either oral or written, <br /> between the parties. This contract shall not be amended except in writing, signed by both <br /> parties. <br /> 10. This agreement does not preclude either the City Council from amending the Tree <br /> Preservation Ordinance or the City Manager from amending the implementing rules. Any <br /> such amendments would apply to LTD to the same extent that the rules apply to any other <br /> entity covered by the amendments. <br /> LTD /City Intergovernmental Agreement - -Page 2 <br /> Trees within Eugene Station Project <br />