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2. Developer Responsibilities. Developer has prepared and submitted a Plan to the City in <br /> conjunction with the requirements of the City standards, rules, procedures and policies. The <br /> Plan is attached hereto as Exhibit B. <br /> 2.1 Along with Exhibit B, Developer submitted to the City the applicable Plan <br /> review, inspection, administration and monitoring fees, as established by the City <br /> Manager pursuant to section 2.020 of the Eugene, Code, 1971. <br /> 2.2 The City shall review the Plan for completeness. The City will not deem the Plan <br /> complete unless and until the Plan complies with all the City standards, rules, <br /> procedures and policies including but not limited to the street plan requirements, <br /> street tree standards and establishment standards set forth in the Rule. This <br /> Agreement shall not be executed until the Plan is deemed complete. <br /> 2.2.1 In the event Developer makes changes to its development site plans or <br /> specifications, the Plan shall automatically be rendered incomplete. At <br /> such time, Developer shall be responsible for submitting a new street tree <br /> plan which compiles with all of the provisions of this Agreement and the <br /> Rule, and must include any required additional fees and deposit amounts. <br /> All proposed changes must be approved by the City. <br /> 2.3 In addition to the amounts required under paragraph 2.1, Developer shall deposit <br /> with the City, upon execution of this Agreement, an amount equal to the total <br /> cost of purchasing, installing and establishing the street trees under the Plan. The <br /> actual deposit amount shall be established in accordance with the City's Tree <br /> Preservation and Street Tree Program Fee Schedule ( "Fee Schedule ") that was <br /> adopted by the City Manager pursuant to section 2.020 of the Eugene Code, <br /> 1971. A copy of the Fee Scheduled is attached hereto for reference as Exhibit C. <br /> 2.3.1 Developer shall provide the City with cash, an assignment of a certificate <br /> of deposit or a surety performance bond (which has been fully executed <br /> by Developer and its surety) guaranteeing Developer's obligations under <br /> this paragraph. <br /> 2.3.1.1 A cash deposit shall be non - interest bearing. <br /> 2.3.1.2 In the event Developer provides the City with a certificate of <br /> deposit assignment ( "assignment ") or a performance bond ( "bond ") in <br /> accordance with the requirements of this paragraph, such assignment or <br /> bond shall be in a form acceptable to the City, in its sole discretion, and <br /> include a perpetual term. Notwithstanding the perpetual term aspect of <br /> an assignment or bond, the City may evaluate the amount of the <br /> assignment or bond and require Developer to reestablish the assignment <br /> or bond in another amount, which shall be computed in accordance with <br /> the City rules and standards, if Developer has not commenced its <br /> development, including each phase of development to the extent that the <br /> EXHIBIT E <br /> Street Tree Plan Agreement - Developer Plant 2 of 5 PAGE 2. OF <br />