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~ngineeringl' and Construction Agreement cityaf Euge[,e Public Works Engineering 858 Pearl Street Job Number Lf Z Contract Number Capital Project Number Eugene, OR 97401 541.682.5291 PHONE 541.682.5032 FAX The undersigned Her requests the Public Improvements as described below: Type of improve ant: Paving, wastewater, stormwater and street lights (Paving, wastewater, stormwater, street lights} Location: Timberline Hills Phase 3 (Sneer oreasemenr. !fa subdlwsion, printsubdlvis/on Hamel North or east limi : South or west limit: (Except !or subdivisions) (Except for subdivisions) be designed and co strutted during the 2008 or subsequent construction season in the following manner (check one): (rear} 7. As a City en ineered and constructed project {eligible for assessment financing). City agrees: (a) to perfor engineering design, cost estimate, award of contract, construction Inspection, and assessment tabulation for the improvements; (b) to partici to in the cost of necessary additional capacity of improvements beyond the assessable amounts as stipulated in the Eugene Municpal ode. Owner agrees: (a) to pay all ngineering and construction costs which are not eligible for assessment financing. (b) if the and rsigned owner chooses to discontinue the City engineering and construction process prior to execution of a construction contract, t e owner further agrees to pay all engineering and project-related costs incurred by the City to that point, and to comply with paragraph below, if applicable. (~C] 2. As a privately engineered and constructed project with private financing arranged by the Owner. ~ Owner agrees: (a) to install al required public improvements at no cost to the City; (b) to pay actu I City costs incurred for plan review and processing, inspection, materials testing, and other engineering services, all of which will be bille and payable monthly with final payment due prior to City's final acceptance of the completed improvements. (c) to provide a City a bond, which includes aone-year warranty period, in an amount sufficient to cover all engineering and construction costs associ tad with completion of the required public improvements. (d) to pay othe charges and levies for public improvements, if required.Other charges may include, but are not Limited to: i) penal charges: in the event the property owner fails to make payment when due under this agreement, the property owner shall be charge a penalty in the amount of $25 or ten percent (1096) of the past due amount, whichever is greater. Payment of the penalty shall not co stitute a waiver by the City of its other remedies. 2) Interes charges: property owner shall pay interest on all past due amounts at the rate of eighteen percent (18%) per annum from the due da until paid. 7Ois sum shalt be in addition to penal°y charges, PROPER OWNER CO-OWNER CITY OF EUGENE pµ R pW! I P~IURE CPOwNER'S 9GNATt1AE SIGNATURE kan iPRO ERtt ONttiLR's NAME CO.OWNEMSkM1E 11TE! i ~oaT OAiE OATf ~?V 67V..~+ ~ F.W ti ~oorES: ,,~5, 777 Pearl Street L~~ aE~~B Eugene, OR 97401 C([Yr STATL /LO CITY/STATE / 21P ~7y2-j4 Z.., OrigincritatheC}tyofEugene ~'l1oNf NuA+eER (badness hOYIQ PHONE NUMBER[buNnennoun) Copies to Owner, Ca-aWnel, and Inspector