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• <br /> 2439 oakmont way <br /> eugene, or 97401 <br /> AES fax <br /> (503) 683 -2618 <br /> (503) 683-2159 <br /> ■ ENGINEERS <br /> January 29, 1994 <br /> City of Eugene Maintenance Division <br /> ATTN: Johnny Medlin <br /> 1820 Roosevelt Boulevard <br /> Eugene, Oregon 97402 <br /> Re: Hunter /Bardwell property <br /> Dear Johnny: <br /> Benchmark Northwest has complied with all terms of the <br /> City's letter agreement dated December 22, 1993, in which <br /> the City stated that "The stop work order is lifted" upon <br /> fulfillment of certain terms dictated by the City in that <br /> letter. Those terms added certain conditions for future <br /> tree removal to the original tree removal permit (criteria <br /> "A" through "C "), plus required completion of two action <br /> items (criteria "D" and "E ") in order to lift the stop work <br /> order. The City signed that letter. Benchmark Northwest <br /> signed an acknowledgement statement on that letter to <br /> indicate agreement with the conditions of the letter, as <br /> required by criteria "E "_ <br /> Subsequently, your letter of December 23, 1993, acknowledged <br /> Benchmark Northwest's fulfillment of criteria "E" of the <br /> letter agreement and stated that "Once criteria "D" has been <br /> accomplished the Urban Forester will send you a letter <br /> through the general mail acknowledging this completion" and <br /> further, "We will included (sic) in the letter a statement <br /> that will be the formal lifting of the stop work order ". <br /> As a result of the forgoing agreement and correspondence, <br /> Benchmark Northwest undertook certain surveying, engineering <br /> and other work necessary to accomplish the terms of the <br /> agreement. The expenses incurred are in excess of $5,000 <br /> and have only been incurred in order to satisfy the <br /> agreement_ <br /> Now, although Benchmark Northwest has satisfied both <br /> criteria "D" and criteria "E ", no acknowledgement has been <br /> issued by the City. My letter of January 24, 1994 reported <br /> completion of all criteria and requested acknowledgement, <br /> but no reply of any kind was received to that letter until <br /> after my phone call to you of January 28, 1994, and then <br /> your reply only acknowledged receipt of my letter of January <br /> 24, 1994. <br />