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• <br /> 1.1 The City's responsibilities under this paragraph shall arise, if at all, subsequent to <br /> Developer's paytnent of fees required under paragraph 2. <br /> 1.2 Developer agrees to provide the City access to the Property at all times for <br /> purposes of the City's performance under this Agreement. <br /> 2. Cost of Work, Developer shall ,pay to the .City a one -tinge fee established by the City <br /> Manager pursuant to section 2.020 of the Eugene Code, 1971, that is equal to the total estimated <br /> cost to the City for the purchase, installation and establishment of street trees for the property. <br /> This one -time fee dots not equal a `per tree" cost nor represent a specific number of trees that <br /> the City will plant. The City will plant street trees in accordance with the Rule.. Based on the <br /> total linear footage of the development site that abuts street right of way, the amount Developer <br /> .. is required to pay under this paragraph equals $78,911.05 <br /> 2.1 In the event Developer makes changes to its development site plans or <br /> specifications, Developer shall submit to the City a revised development site plan <br /> which demonstrates Developer's compliance with the provisions of this <br /> Agreement, including any additional required fees and deposit amount. All <br /> proposed changes must be approved by the City. <br /> 2.2 Developer is not entitled to a refund of any portion of the one -time fee, nor is <br /> Developer required to pay any amount in addition to the one -time fee, based on <br /> the number of trees actually planted by the City. <br /> 3. Term. This Agreement shall commence upon the signature of both parties and <br /> Developer's payment of the amount set forth in paragraph 2 above. This Agreement shall <br /> continue until such time as all tree establishment periods have expired in accordance with R- <br /> 7.280 -F. <br /> • <br /> 4. 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 /> 4.1 This Agreement is solely between the City and Developer. Accordingly, this <br /> Agreement confers no rights upon any third party. • <br /> 4.2 Developer agrees to include Exhibit B within the CC&R's for each lot within the • <br /> development site. <br /> 5: Time of Essence. Time is of the essence for each of the terms, covenants and conditions <br /> of this Agreement. - <br /> 6. 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 /> • <br /> • EXHIBIT B <br /> Street Tree Plan Agreement — City Plant 2 of 6 PAGE 2. OF ,..�_ <br />