New Search
• <br /> • <br /> City: City of Eugene <br /> • <br /> Urban Forester • <br /> 1820 Roosevelt Blvd. , <br /> • Eugene, OR 97402 <br /> Developer: The Real Estate Development Group <br /> 780 NW York Drive, Suite 204 <br /> Bend, OR.•97701 <br /> • <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 the <br /> person to receive motive by giving notice of the change to the other party. <br /> 7. 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 Developer, <br /> Developer's employees, agents, officers and contractors as such acts or omissions relate to this <br /> Agreement. In the event any such action or claim is brought against the City, Developer shall, if <br /> the City so elects and upon tender by the City, defend the same, including any appeal or review <br /> thereof, at Developer% sole• cost and expense, promptly satisfy any judgment adverse to the City <br /> or to the City and Developer, jointly, and reimburse the City for any loss, cost, damage or <br /> expense, including attorney fees, suffered or incurred by the City. This provision shall survive <br /> the expiration or earlier termination of this Agreement. <br /> 8. Attorney Fees. In the event any legal proceeding is commenced for the purpose of <br /> interpreting or enforcing any provision of this Agreement, the prevailing party in such <br /> proceeding shall be entitled to recover reasonable attorney fees in the proceeding, or any appeal <br /> or review thereof, to be -set by the court without the necessity of hearing testimony or receiving <br /> evidence, in addition to the costs and disbursements allowed by law. In addition, in the event of <br /> default by either party in performance of this Agreement, the defaulting party agrees to pay all <br /> reasonable attorney fees and legal expenses incurred by the non-defaulting party in collecting <br /> any sums due hereunder, even though no litigation is filed. <br /> 9. •Assignment/Bindiug Effect. Developer shall net assign its interest in this Agreement <br /> without the City's prior written consent, The City may require Developer and Developer's <br /> assignee to provide the City reasonable documentation in connection with the City's consent <br /> consideration and decision. Notwithstanding the foregoing, the obligations herein benefit and <br /> affect the Property and therefore constitute a burden and attach to the Property and obligate <br /> Developer and Developer's heirs, successors and assigns. <br /> 10- Merger /Amendment. There arc no other undertakings, promises or agreements, either <br /> verbal or in writing, other than those contained in this Agreement which affect the provisions of <br /> this Agreement. Any amendments to this Agreement shall be in writing and executed by both <br /> patties. <br /> - a <br /> Street Tree Plan Agreement -- City Plant 3 of 6 EXHIBIT # <br /> PAGE 3 OF _�_ <br />