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<br /> r <br /> ' ~ .Page~2 of Candlelight Park Exchange Agreement -July 17, 2002 <br /> The Developer will receive SDC credits for this &foot width. The Developer will then credit to the City 50% of <br /> the SDC credits for the Park street frontage, which are to be credited to the balance due from the City to the <br /> ~ Developer for the related street improvement costs. The Developer will retain the remaining 50°~ of the SDC <br /> credits. The accounting of such costs and credits subject to final review and approval by both parties. <br /> It is understood the Developer shall prepare and obtain all required DSL and COE applications and permits to fill <br /> the wetlands, inGuding the park site and north/south street, but the City will be responsible for providing the <br /> respective wetland mitigation credits either from the West Eugene Wetlands Mitigation Bank or onsite mitigation. <br /> It is further acknowledged that although the second paragraph of page 2 on the attached Exhibit B references an <br /> estimated mitigation cost of $30,000 per acre credit, it is understood the price per credit may exceed that <br /> estimated amount, which will remain the cx~st of the City. <br /> At this time it is acknowledged the City is considering the acceptability of having the drainage way, presently <br /> shown on Exhibit C to be running along the southerly and westerly boundaries of the Developer's property, <br /> relocated to run through the City's park parcel. That is not a condition of the agreement and is subject to further <br /> mutual written consent between the City and the Developer. <br /> The intent is to proceed with the above platting and related processes as soon as possible. Both parties agree to <br /> the execution of the necessary documentation to consummate the transaction as described above and further <br /> defined on the attached exhibits. <br /> Preliminary title reports shall be processed on each parcel. The properties are to be conveyed by both parties <br /> free and clear of liens and encumbrances, unless said encumbrances are accepted in writing by the receiving <br /> party. <br /> By execution below, both parties agree to proceed with the proposed exchange as described above and further <br /> described in the a hed Exhibits A, B, and C. <br /> ~ OL -~~L~! ~ Z <br /> Russ Royer, Sr• Real roperty Officer D to Ross Murry, evelo er Date <br /> i <br /> <br />