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development is comprised of phases, within five (5) years of execution of <br /> this Agreement. <br /> 2.3.1.3 The cash deposit, or portion thereof, shall be returned to <br /> Developer, or the assignment of bond, or portion thereof, shall be <br /> released, if at all, in accordance with R- 7.280 -F and the procedures set <br /> forth in the Fee Schedule. <br /> 3. Development Approval. Developer acknowledges and agrees that the City shall not <br /> approve a final subdivision plat, planned unit development, partition or development plan until <br /> Developer and the City have executed this Agreement. <br /> 4. Time of Essence. Time is of the essence for each of the terms, covenants and conditions <br /> of this Agreement. <br /> 5. Notice. Any notice required by this Agreement shall be in writing and must either be <br /> delivered and served personally, or deposited in the United States mail, postage prepaid, <br /> registered or certified, return receipt requested and regular first class mail, addressed to the <br /> parties as shown below: <br /> City: City of Eugene <br /> Urban Forester <br /> 1820 Roosevelt Blvd. <br /> Eugene, OR 97402 <br /> Developer: <br /> Such notice, if mailed within the State of Oregon, shall be considered delivered upon the second <br /> day following the date postmarked. If mailed outside the State of Oregon, notice shall be <br /> deemed delivered upon the fifth day following the date postmarked. Either party may change <br /> the person to receive notice by giving notice of the change to the other party. <br /> 6. Indemnification. Developer shall indemnify and hold the City, and its officers, agents <br /> and employees, harmless from and against all claims, actions, liabilities and costs, including <br /> attorney fees and other costs of defense, or any appeal or review thereof, arising out of or in any <br /> way related to Developer's performance under this Agreement, Developer's failure to strictly <br /> comply with any provision of this Agreement, or any other actions or failure to act by <br /> Developer, Developer's employees, agents, officers and contractors as such acts or omissions <br /> relate to this Agreement. In the event any such action or claim is brought against the City, <br /> Developer shall, if the City so elects and upon tender by the City, defend the same, including <br /> any appeal or review thereof, at Developer's sole cost and expense, promptly satisfy any <br /> judgment adverse to the City or to the City and Developer, jointly, and reimburse the City for <br /> any loss, cost, damage or expense, including attorney fees, suffered or incurred by the City. <br /> This provision shall survive the expiration or earlier termination of this Agreement. <br /> EXHIBIT <br /> Street Tree Plan Agreement - Developer Plant 3 of 5 PAGE .3 OF �_ <br />