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AGREEMENT TO TERMINATE EXISTING STREET TREE <br /> PLAN AGREEMENT AND TO ESTABLISH AN ALTERNATE <br /> METHOD OF COMPLIANCE WITH STREET TREE RULES <br /> BETWEEN: City of Eugene, ( "the City ") <br /> an Oregon municipal corporation <br /> AND The Real Estate Development Group ( "Developer ") <br /> DATE: <br /> RECITALS <br /> A. Developer owns certain property within the City of Eugene, Lane County, Oregon, more <br /> particularly described in Exhibit A, attached hereto and incorporated herein by this <br /> reference ( "the Property "). <br /> B. Developer has requested approval by the City of development of the Property; <br /> Developer's proposed development involves the creation of a street. <br /> C. Administrative Rule R -7.280 specifies that approval of a development that involves the <br /> creation of a street shall not be granted "unless the applicant has submitted and received <br /> approval of a Street Tree Plan pursuant to R- 7.280 -C.1 or executed an agreement with the <br /> City pursuant to R- 7.280 -C.2 the ensures street trees will be planted and established in <br /> accordance with the standards and procedures provided for in [the] rules and the adopted <br /> policies of the Urban Forest Management Plan." <br /> D. Pursuant to Administrative Rule R- 7.280 -C.2, on February 23, 2007, the City and <br /> Developer entered into a Street Tree Plan Agreement whereby the City and Developer <br /> agreed that the City would be responsible for the purchase, installation and establishment <br /> of street trees within the development site and that Developer would pay the City for that <br /> work ( "2007 Agreement "). Attached hereto as Exhibit B is the 2007 Agreement, <br /> including all exhibits thereto (City contract number 2007 - 05368). <br /> E. In accordance with paragraph 2 of the 2007 Agreement, on July 27, 2007, Developer paid <br /> the City $78,911.05. On February 21, 2007, Developer paid the City an additional $525. <br /> Developer's total payment to the City was $79,436.05; this amount equaling the total <br /> estimated cost to the City for the purchase, installation and establishment of street trees <br /> for the Property. This total estimated cost was based on the total linear footage of the <br /> development site that abuts street right -of -way. Receipts for Developer's payments to the <br /> City are attached hereto as Exhibit C. <br /> F. Developer now wishes to terminate the 2007 Agreement, to receive a refund of the <br /> $79,436.05 that Developer paid to the City, and to enter into a new Street Tree Plan <br /> Page 1 of 4 <br /> Agreement to Terminate Street Tree Plan Agreement and to Establish an Alternate Method of Compliance with Street Tree Rules <br />