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STREET TREE PLAN AGREEMENT <br /> For Moon Mountain <br /> BETWEEN: CITY OF EUGENE, <br /> an Oregon municipal corporation ( "the City") <br /> AND The Real Estate Development Group (`Developer") <br /> DATE: February 23, 2007 <br /> RECITALS <br /> • <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 February 24th, 2004, 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- 7280 -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. pursuant to R- 7.280 -C, as an alternative to submitting an application for approval of a . <br /> Street Tree Plan, Developer has elected to enter into an agreement with the City whereby the <br /> City assumes the responsibility fox the purchase, installation and establishment of street trees <br /> within the development site ("Agreement "). <br /> E. The City and Developer enter into this Agreement to facilitate Developer's compliance <br /> with the Rule and to set forth the parties' mutual understandings. <br /> • <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 obligations <br /> on the part of each party to be kept and performed, it is hereby agreed as follows: <br /> .1. Scope of Work. The City agrees to purchase, install and establish street trees in <br /> accordance with the procedures, standards and requirements of the Rule. <br /> ` t <br /> EXHIBIT 6 <br /> Street Tree Plan Agreement — City Plant 1 of 6 PAGE OF (D <br /> • <br />