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1.1 City's responsibilities under this paragraph shall arise, if at all, subsequent to <br />Developer's payment of fees required under paragraph 2. <br />1.2 Developer agrees to provide City access to the Property at all times for purposes <br />of City's performance under this Agreement. <br />2. Cost of Work. Developer shall pay to City a fee established by the City Manager <br />pursuant to section 2.020 of the Eugene Code, 1971, that is equal to the cost of the purchase, <br />installation and establishment of the required street trees. With respect to Developer's Plan, the <br />amount required under this paragraph equals $ 33,990. <br />2.1 In the event Developer makes changes to its development plans or specifications, <br />Developer shall submit another Plan to City which demonstrates Developer's <br />compliance with the provisions of this Agreement, including any additional <br />required fees and deposit amount, for City's approval. <br />3. Term. This Agreement shall commence upon the signature of both parties and shall <br />continue until such time as all tree establishment periods have expired. <br />4. Development Approval. Developer acknowledges and agrees that no final subdivision <br />plat, planned unit development, partition or development plan shall be granted by City until <br />Developer and City have executed this Agreement. <br />4.1 Developer agrees to include Exhibit C within the CC&R's for each lot within the <br />development. This agreement is solely between City and Developer for <br />informational purposes and, as such, does not confer any rights upon any third <br />parties. <br />5. Time of Essence. Time is of the essence for each of the terms, covenants and conditions <br />of this Agreement. <br />6. Notice. Any notice required by this Agreement shall be in writing and may be delivered <br />and served personally, or alternatively, may be deposited in the United States mail, postage <br />prepaid, registered or certified, return receipt requested and regular first class mail, addressed to <br />the parties as shown below: <br />City: City of Eugene <br />Urban Forester <br />1820 Roosevelt Blvd. <br />Eugene, OR 97402 <br />Developer: Capstone Development Corporation <br />600 Luckie Drive -Suite 424 <br />Birmingham, Al 35223 <br />Such notice, if mailed within the State of Oregon, shall be considered delivered upon the second <br />Street 'I~ee Plan Agreement -City Plants Alternate - 2 of 25 a ~+ ~ O O ~ ~ `~ <br />