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bhct.t aJ Lan+, <br /> STREET TREE PLAN AGREEMENT <br /> For <br /> BETWEEN: CITY OF EUGENE, <br /> an Oregon municipal corporation ( "City ") <br /> AND ( "Developer ") <br /> DATE: , 2002 <br /> RECITALS <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 /> ( "Property "). <br /> B. Developer has requested approval by City of development of the Property; Developer's <br /> proposed development involves the creation of a street. <br /> C. On the 28th day of February 1997, the City Manager adopted Administrative Rule R- <br /> 7.280 ( "Rule ")[, . ... . • . • • ]. The Rule specifies that approval of a <br /> development that involves the creation of a street shall not be granted unless the applicant has <br /> submitted and received approval of a Street Tree Plan or executed an agreement with the City <br /> to ensure that street trees will be planted and established in accordance with City standards, <br /> procedures and policies. <br /> D. In submitting an application for approval of a Street Tree Plan ( "Plan"), Developer has <br /> elected to pursue the alternative method of satisfying City tree planting requirements by entering <br /> into a Street Tree Plan Agreement ( "Agreement ") with City. <br /> E. City and Developer wish to enter into this Agreement to set forth the parties <br /> understanding and obligations relating to the purchase, installation and establishment of street <br /> trees and the fees relating thereto. <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 <br /> obligations on the part of each party to be kept and performed, it is hereby agreed as follows: <br /> 1. Scope of Work. City agrees to purchase, install and establish the street trees in <br /> accordance with the procedures, standards and requirements of the Rule. <br /> 1.1 City's responsibilities under this paragraph shall arise, if at all, subsequent to <br /> Street Tree Plan Agreement - City Plants Alternate - 1 of 7 <br /> H: \O2StreetTreePlan.wpd <br />