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. <br /> STREET TREE PLAN AGREEMENT <br /> For Crescent Meadows Fourth Addition <br /> a <br /> BETWEEN: CITY OF EUGENE, . <br /> an Oregon municipal corporation ("City") <br /> <br /> ~l <br /> AND Terra Buono Properties III, LLC - ("Developer") <br /> DATE: February 3, 1998 <br /> RECITALS <br /> i <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 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 <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 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 <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 fall, 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 Tree Plan Agreement -City Plants Alternate - 1 of 25 ~ ~ ~ ® ~ - <br /> _ _ _ _ <br /> <br />