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DEVELOPER AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENT <br /> Judkins Point South Interchange Glenwood Boulevard Improvements <br /> (East Ridge Village PUD) <br /> BETWEEN: The City of Eugene, an Oregon municipal corporation ("City") <br /> AND: East Ridge Development, LLC, an Oregon limited <br /> liability corporation. ("Developer") <br /> i <br /> I <br /> CONTRACT NO. 2006-00210 <br /> CITY PROJECT NUMBERS: 4234 and 4311 <br /> RECITALS <br /> 1. As a condition of approval for the planned unit development filed with the City as PDF <br /> 02-2 ("PUD"), Developer's predecessor in interest, Blazer Construction, Inc. ("Blazer"), <br /> was required to construct certain public improvements depicted in exhibit A to this <br /> agreement, 'and generally described in the Grant Agreement described below. This <br /> Agreement covers only some of the improvements described in Exhibit A. The <br /> improvements to be constructed pursuant to this Agreement are as follows: (the <br /> "Project"): <br /> Revise the South end of Judkins Point Interchange connector; work <br /> includes improving Glenwood Blvd to 36' paving width (including guard <br /> rails, signing and striping) to match the existing Moon Mountain Dr. <br /> (project #4064). Remove an existing portion of Glenwood Dr. and <br /> reconstruct at a new location (SO' paving ,width, guard rails, signing and <br /> striping) to form the intersection with Moon Mountain and Glenwood <br /> <br /> it <br /> Blvd. Construct wastewater and storm water infrastructure under the new <br /> infrastructure described above. Work within ODOT right-of way is <br /> permitted under State Highway Approach permit #S 1412. <br /> 2. Pursuant to an earlier Agreement to Maintain Deposit of Funds (To Facilitate <br /> Development of Son Blaze Village PUD) (the "Deposit Agreement") among the <br /> City, Blazer and Centennial Bank (now Umpqua Bank), Umpqua Bank, as escrow <br /> agent, is holding a deposit of $250,000. {plus accrued interest) (the "Security <br /> Deposit") as security for Blazer's obligations to the City, which, in addition to the <br /> Project described in Recital #1, include other improvements to the right of way <br /> commonly known as Brackenfern Drive. <br /> 3. At this time, partial funding for the Project is available from City pursuant solely to <br /> City's receipt of a Lane County Community Development Road Improvement Program <br /> grant for up to $220,000 (the "Grant) as set forth in the Community Development <br /> Agreement for Judkins Point Interchange (Glenwood) Improvements Project #0870-5 <br /> between the City and Lane County, as amended by Amendment No. 1 (the "Grant <br /> Developer Agreement -East Ridge Village PUD -Interchange Improvements -Page 1 <br /> <br />