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STREET TREE PLAN AGREEMENT <br /> For <br /> BETWEEN: CITY OF EUGENE, <br /> an Oregon municipal corporation ( "the City ") <br /> AND ( "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 reference <br /> ( "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. On , the City Manager adopted Administrative Rule R -7.280 ( "the <br /> Rule "). R- 7.280 -A specifies that approval of a development that involves the creation of a street <br /> shall not be granted "unless the applicant has submitted and received approval of a Street Tree <br /> Plan pursuant to R- 7.280 -C.1 or executed an agreement with the City pursuant to R- 7.280 -C.2 <br /> that ensures street trees will be planted and established in accordance with the standards and <br /> procedures provided for in these rules and the adopted policies of the Urban Forest Management <br /> Plan." <br /> D. The City and Developer enter into this Agreement to facilitate Developer's compliance <br /> with the Rule and to set forth Developer's obligations relating to the Developer's submitted <br /> Street Tree Plan ( "the Plan "). <br /> AGREEMENT <br /> Now, therefore, in consideration of the foregoing Recitals, which by this reference are <br /> incorporated herein as if set forth in full, and of the mutual covenants, conditions and <br /> obligations on the part of each party to be kept and performed, it is hereby agreed as follows: <br /> 1. Term. This Agreement shall commence upon the signature of both parties and <br /> Developer's payment of the amount set forth in paragraph 2.1 and 2.3. This Agreement shall <br /> continue until such time as all tree establishment periods have expired in accordance with R- <br /> 7.280-F. <br /> EXHIBIT E. <br /> PAGE 1 OF <br /> Street Tree Plan Agreement - Developer Plant 1 of 5 <br />