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' ° ~.a <br />~~-vo~ 3 <br />AGREEMENT <br />% <br />~ <br />BETWEEN: City of Eugene, a Municipal Corporation (City) <br />AND: Ken Shiflet, Property Owner (Owner) <br />RECITALS <br />A. City has an agreement with the Oregon Division of Lands (ODSL) to restore <br />and create wetlands to satisfy mitigation obligations for development within the City. <br />B. The City is currently charging $30,000 per acre for mitigation wetlands, to <br />recover the City's cost of developing and maintaining those wetlands. <br />C. It has been mutually agreed between ODSL and the Oregon Department of <br />Environmental Quality that mitigation requirements for development of property identified <br />as Tax Lot 17-04-35-00924 located within the City of Eugene can be satis~ied by wetlands <br />created by the City. <br />D. The subject property, identified as Tax Lot 17-0435-00924, platted as Plat <br />#91-P0130, Lot 3, is owned by Owner. <br />E. Under the permit (RF5827) issued by ODSL, Owner is responsible for <br />securing one-half acre of mitigation wetlands. <br />AGREEMENT <br />Now, therefore, the parties agree as follows: <br />1. Ovmer agrees to pay to City the amount of $15,000 for mitigation wetlands <br />upon application for a building permit for development on the subject prope~ty, or by <br />September 30, 1993, whichever first occurs. <br />2. Upon receipt of payment, City will notify ODSL that the property owner's <br />obligation for wetlands mitigation has been met, and that the City will be responsible for <br />maintenance of the wetlands created. <br />3. This Agreement is binding upon Owner and Owner's successors and assigns. <br />4. If any judicial or administrative action or other proceeding, or an appeal <br />therefrom, is instituted to establish, obtain, enforce or compel any right or obligation <br />resulting from this Agreement, the prevailing party shall be entitled to recover from the <br />Agreement - 1 <br />