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STREET TREE PLAN AGREEMENT <br />For University Commons <br />BETWEEN: CITY OF EUGENE, <br />an Oregon municipal corporation <br />AND Capstone Developments <br />DATE: June 29, 1998 <br />RECITALS <br />("City~~) <br />("Developer") <br />A. Developer owns certain property within the City of Eugene, Lane County, Oregon, 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. On the 28th day of February 1997, the Ciry Manager adopted Administrative Rule R-7.280 <br />("Rule"), a copy of which is attached hereto as Exhibit B and incorporated herein by this <br />reference. The Rule specifies that approval of a development that involves the creation of a street <br />shall not be granted unless the applicant has submitted and received approval of a Street Tree Plan <br />or executed an agreement with the City to ensure that street trees will be planted and established <br />in accordance with Ciry 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 <br />into 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 Work. City agrees to purchase, install and establish the street trees in <br />accordance with the procedures, standards and requirements of the Rule. <br />Street 'I~ee Plan Agreement -City Plants Alternate - i of 25 ~" ~ ' O ~ ~ ~ ~+ <br />