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Developer's payment of fees required under paragraph 2. <br /> 1.2 Developer agrees to provide City access to the Property at all times for purposes <br /> of City's performance under this Agreement. <br /> 2. Cost of Work. Developer shall pay to City a one - time 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 of the purchase, installation and establishment of the required street trees. <br /> This fee does not equal a `per tree" cost nor represent a specific number of trees that the City will <br /> plant. The City will plant the trees in accordance with the Rule and the Developer's Plan. With <br /> respect to Developer's Plan, the amount required under this paragraph equals $ <br /> 2.1 In the event Developer makes changes to its development plans or specifications, <br /> Developer shall submit another Plan to City which demonstrates Developer's <br /> compliance with the provisions of this Agreement, including any additional <br /> required fees and deposit amount, for City's approval. <br /> 2.2 Developer is not entitled to a refund of any portion of the fee, nor is Developer <br /> required to pay any amount in addition to the one -time fee, based on the number <br /> of trees actually planted by the City. <br /> 3. Term. This Agreement shall commence upon the signature of both parties and shall <br /> continue until such time as all tree establishment periods have expired. <br /> 4. Development Approval. Developer acknowledges and agrees that no final subdivision <br /> plat, planned unit development, partition or development plan shall be granted by City until <br /> Developer and City have executed this Agreement. <br /> 4.1 Developer agrees to include Exhibit B within the CC &R's for each lot within the <br /> development. This agreement is solely between City and Developer for <br /> informational purposes and, as such, does not confer any rights upon any third <br /> parties. <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 may be delivered <br /> and served personally, or alternatively, may be deposited in the United States mail, postage <br /> prepaid, registered or certified, return receipt requested and regular first class mail, addressed <br /> to the parties as shown below: <br /> City: City of Eugene <br /> Urban Forester <br /> 1820 Roosevelt Blvd. <br /> Eugene, OR 97402 <br /> Developer: <br /> Street Tree Plan Agreement - City Plants Alternate - 2 of 7 <br /> H: \02StreetTreePlan.wpd <br />