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Agreement whereby Developer will prepare and submit a Street Tree Plan in accordance <br /> with the City's standards, rules, procedures and policies. <br /> G. While the City has not purchased, installed or established any street trees for the <br /> Property, the City has incurred administrative costs associated with the 2007 Agreement <br /> and has expended staff time in performing its duties under that Agreement. <br /> H. The City and Developer enter into this Agreement to terminate the 2007 Agreement and <br /> to set forth the parties' mutual understandings regarding the manner in which Developer <br /> will comply with R- 7.280. <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 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. Termination. The 2007 Agreement is terminated. All responsibilities and obligations <br /> established by the 2007 Agreement are terminated. <br /> 2. Refund. The City shall refund Developer the fee that was paid by Developer to the City <br /> for the purchase, installation and establishment of street trees for the Property, less any <br /> administrative fees and fees for any work performed by the City, to date, under the 2007 <br /> Agreement. The City shall issue Developer the refund upon receipt of the new Street <br /> Tree Plan Agreement required by Paragraph 4 of this Agreement. <br /> 3. Accounting. Attached hereto as Exhibit D is an accounting of the administrative fees <br /> and fees for the work performed by the City, to date, under the 2007 Agreement. The <br /> total amount set forth in Exhibit D will be deducted from Developer's refund. <br /> 4. R -7.280 Compliance. The City and Developer will enter into a new Street Tree Plan <br /> Agreement to facilitate Developer's compliance with R -7.280 and to set forth <br /> Developer's obligations relating to the Street Tree Plan that Developer is required to <br /> submit to the City. An example of the new Street Tree Plan Agreement is attached hereto <br /> as Exhibit E. <br /> 5. CC &Rs. Developer shall take the necessary action to delete from the CC &Rs for each <br /> lot within the development site the information set forth in Exhibit B to the 2007 <br /> Agreement. <br /> 6. Time of Essence. Time is of the essence for each of the terms, covenants and conditions <br /> of this Agreement. <br /> 7. 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 <br /> the parties as shown below: <br /> Page 2 of 4 <br /> Agreement to Terminate Street Tree Plan Agreement and to Establish Alternate Method of Compliance with Street Tree Rules <br />