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H. COMPLETE THE CONSTRUCTION OF THE HOUSING <br /> DEVELOPMENT PRIOR TO SEPTEMBER 30, 2007 IF QUINNEYS FAIL TO <br /> COMPLETE THE HOUSING DEVELOPMENT BY THAT DATE, THE TEMPORARY USE <br /> PERMIT DESCRIBED .IN SUBPARAGRAPH 2E WILL EXPIIZE AND CONSTRUCTION <br /> WILL BE COMPLETED WITHOUT USE OF THE NEW CITY PARK PROPERTY. <br /> I. DURING CONSTRUCTION, PRESERVE AND PROTECT EXISTING _ <br /> PARK .AMENITIES AND TREES IDENTIFIED FOR SUCH IN EXHIBIT 5. ANY NEW <br /> CITY PARK AMENITIES AND TREES IDENTIFIED FOR PRESERVATION "THAT ARE <br /> DAMAGED BY CONSTRUCTION ACTIVITIES SHALL BE REPAIlZED OR REPLACED <br /> AT NO COST TO THE CITY. <br /> J. VACATE EASEMENT FOR SEWER LINE ALONG THE WEST LINE <br /> AS .SET FORTH IN INSTRUMENT RECORDED FEBRUARY 21, 1939, BOOK 196, <br /> PAGE 625, LANE COUNTY DEEDS AND RECORDS. EASEMENT SHALL BE VACATED <br /> AND ALL INTEREST RELEASED AT CLOSING OF ESCROW. <br /> 3. CITY WILL: <br /> A. GRANT QIJINNEYS THE TEMPORARY USE PERMIT DESCRIBED <br /> IN SUBPARAGRAPH 2E OF THIS AGREEMENT <br /> B. GIVE QUNINEYS. THE RIGHT OF FIRST,REFUSAL DESCRIBED IN <br /> SUBPARAGRAPH 2G OF THIS AGREEMENT. <br /> <br /> . C. FOLLOWING THE TERMINATION OF THE' USE PERMIT, ,THE <br /> CITY SHALL IMPROVE THE STEW CITY PARK SITE WITH IRRIGATED TURF WITHIN <br /> TWO YEARS. REVENUE. RECEIVED FROM THE QUINNEYS FOR THE DIFFERENCE <br /> IN PROPERTY VALUE THROUGH THE EXCHANGE SHALL BE APPLIED FOR THIS <br /> PURPOSE. <br /> D.. COMPLETE THE WORK FOR SURVEYING, CONVEYANCES <br /> BETWEEN THE PARTIES, AND PROPERTY LINE ADJUSTMENTS OR <br /> ABANDONMENT, AND WILL COOPERATE IN ANY OTHER MATTERS TO THE <br /> EXTENT NEEDED AS A PARTY TO THE EXCHANGE, INCLUDING RELATED <br /> STANDARD CITY PROCEDURES FOR SAME. <br /> E. ORDER A PHASE I ENVIRONMENTAL ASSESSMENT ON THE <br /> EXISTING CITY PARK AND ON THE EXISTING QUINNEYS' PROPERTY, WITH . <br /> BERGESON BOESE AND ASSOCIATES FOR A COST (JF ABOUT $2,265 TO BE <br /> COMPLETED IN ABOUT FOUR TO SIX WEEKS. THE COST OF ALL WORK IN THIS <br /> PARAGRAPH SHALL BE SHARED EQUALLY BY THE CITY AND THE QUINNEYS. <br /> CITY SHALL PROVIDE TO QUINNEYS A SET OF PLANS FOR EXISTING PARK <br /> IlVIPROVEMENTS AND .FOR FUTURE PARK .IMPROVEMENTS AT THE TIME SUCH <br /> PLANS ARE CREATED <br /> 4. IF SUBSEQUENT. ENVIIZONMENTAL ASSESSMENTS ARE REQUIIZED, <br /> EACH PARTY SHALL BE RESPONSIBLE FOR THE COST ON ITS EXISTING PROPERTY <br /> PAGE 4--EXCHANGE AGREEMENT 4/10/2006 <br /> <br />