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<< <br />.g <br />c <br />• . <br />STREET TREE PLAN AGREEMENT <br />FGR Braewood Hills 2nd. Additon <br />BETWEEN: CITY DF EUGENE, <br />an Dregon municipal corporation <br />AN'D ~ CUDDEBACK INVESTMENTS, INC. <br />DATE: October 2 ~ 997 <br />D~rTm ~ t c <br />~"City") <br />~"Developer"} <br />A. Developer owns certain property within the City of Eugene, Lane County, aregon, 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. Cn~the 28th day of February 1997, the City Manager adopted Administrative Rule R-7.280 <br />~"Rule"}, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. <br />The Rule specifies that approval of a development that invalves the creation of a street shall not be <br />granted unless the applicant has submitted and received approval of a Street Tree Plan or executed <br />an agreement with the City to ensure that street trees will be planted and established in accordance <br />with City standards, 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 into <br />a Street Tree Plan Agreement ("Agreement"}with City. <br />E, City and Developer wish to enter into this Agreement to set forth the parties understanding <br />and obligations relating to the purchase, installation and establishment of street trees and the fees <br />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 obligations <br />on the part of each party to be kept and performed, it is hereby agreed as follows: <br />1. Scope of Word. City agrees to purchase, install and establish the street trees in accordance <br />Street Tree Plan Agreement -City Plants Alternate - 1 n ~ ~ (~ 0 ~ e~ .1 <br />i~ ti L f <br />