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Engineering and Construction Agreement city of Eugene Public works Engineering - - _ 858 Pearl Street ~ ~ ° Eugene, OR 97401 )o~ 6 Nun~hcr ~ ~ Contract Number Capital Project Number _ ` - ~ 541.682.5291 PHONE _ i 541.682.5032 FAx The undersigned ~wner requests t~1e Public Improvements as described below: ' Type of improvement: Driveway and frontage improvements per SR 08-4 & TIA 08-3 (Paving, wastewater, stormwater, street lights). Location: 60 Division Avenue, Eugene, Oregon (Streetoreasement Ifasubdivision, printsubdivisionname) .North or east limit: South or west limit: (Except forsubdivisions) {Except forsubdivisions) be designed and consttucted during the 20~ or subsequent construction season in the following manner (check one)c (Year) - 1. As a City engineered and constructed project (eligible for assessment financing). City agrees: (a) to performengineering design; cost estimate, award of contract, construction inspection, and assessment tabulation for the improvements; (b) to participate in the cost of necessary additional capacity of improvements beyond the assessable amounts as stipulated in the Eugene Municpal Code. Owner agrees: (a) to pay all engineering and construction costs which are not eligible for assessment financing. (b) if the' undersigned owner chooses to discontinue the City engineering and constrtictiori process prior to execution of a construction . contract, the owner further agrees to pay all engineering and project-related costs incurred by the City to that point, and to comply with ' paragraph 2below, if applicable. 0 2. As a privately engineered and constructed project with private financing arranged by the Owner. Owner agrees: (a) to install all required public improvements at no cost to the City;. (b) to pay actual City costs incurred for plan review and processing, inspection; materials testing, and other engineering services, all of which will be billed and payable monthly with final payment due prior to City's final acceptance of the completed improvements. (c) to provid ethe City a bond, which includes aone-year warranty period, in an amount sufficient to cover all engineering and 4onstruction costs associated with completion of the required public improvements. (d) to pay other charges and levies for public improvements, if required. Other charges may indude,.but are not limited to: 1) penalty charges: in the event the property owner fails to make payment when due under this. agreement,.theproperty owner shall be - charged a penalty in the amount of $25 or ten percent (10%) of the past due amount, whichever is greater. Payment of the penalty shall . not constitute a waiver by the City of its other remedies: 2) interest charges: property owner shall. pay interest on all past due amounts at the rate of eighteen percent (18%) per annum from the due date until paid. This sum shall be in addition to penalty charges. PROPEIiII' OWNER CO-OWNER Cllr' OF FUGEi r~..- , PROPERTYOWNER'S SIGNATURE C0.0WNER'SSIGNATURE SIGNATURE Fred Meyer Stores, Inc. _ - PROPERTYOWNER's NAME TcIZaritCO-OWNER's NAME TITLE DATE UATE OATE 3800' SE 22nd Ave '777 Pearl Street ADDRESS ADDRESS - ' Portland, OR 97242 Eugene, OR 97401 CITY/STATE/ZIP - CITY/STATE/ZIP S O ~ - '7i C7 - - ~ Ori~ina! to #k~~ City cif E!rclene PHONENUMBER Ibusi~ess hours) PHONE NUMRER~(business hours) - CO~IC1 IU Olh~ll r'I, ~ C~-'(1LV17eC (117(1 i17S~J ['~(Q/