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north of Suzanne Way and the installation of a signal conduit and junction boxes at the intersection of <br /> Crescent Avenue and Shadow View Drive. If the ten paragraphs set forth below accurately restate the <br /> agreement between you and the City, please have an authorized agent of Arlie sign below and return the <br /> original to Mark Schoening, City of Eugene, City Engineer, 99 East Broadway, Suite 400, Eugene OR <br /> 97401. <br /> The Citv and Arlie agree to the following: <br /> 1. The City will include in its Crescent Avenue pavement preservation project the <br /> construction of wastewater and stormwater utility stubs ("utility stubs") in Crescent Avenue north <br /> of Suzanne Way and the installation of a signal conduit and junction boxes at the intersection of <br /> Crescent Avenue and Shadow View Drive. <br /> 2. At the time that Arlie seeks to utilize the utility stubs in Crescent Avenue north of <br /> Suzanne Way and the signal conduit and junction boxes at the intersection of Crescent Avenue <br /> and Shadow View Drive, Arlie must reimburse the City for the City's actual construction costs of <br /> the utility stubs, signal conduit and junction boxes, plus any adjusted amount according to the <br /> current month's Engineering News Record Construction Cost Index. It is understood that Arlie's <br /> utilization of the utility stubs and the signal conduit and junction boxes may not happen <br /> simultaneously. <br /> A. Arlie shall reimburse the City, in full, for the utility stubs at the time that <br /> Arlie submits its application for a privately engineered public improvement (PEPI) permit <br /> to extend the utility stubs installed in Crescent Avenue north of Suzanne Way. If Arlie <br /> fails to submit the full reimbursement payment with its PEPI application, Arlie's payment <br /> to the City of the amount owed will be a condition of PEPI permit approval. <br /> B. Arlie shall reimburse the City for the signal conduit and junction boxes <br /> at the time that Arlie submits its application for a PEPI permit to construct the traffic <br /> signal at the intersection of Crescent Avenue and Shadow View Drive. The total amount <br /> owed to the City for the signal conduit and junction boxes may be reduced by the <br /> System Development Charge credits owed to Arlie, if any, for Arlie's cost to construct <br /> the traffic signal. If Arlie fails to submit the outstanding reimbursement payment, Arlie's <br /> payment to the City of the amount owed will be a condition of PEPI permit approval. <br /> 3. The City will not place a lien on Arlie's property for the City's construction costs of <br /> the utility stubs, signal conduit and junction boxes. <br /> 4. If Arlie never completes its phased development of the Crescent Village PUD and, <br /> therefore, does not utilize the utility stubs, signal conduit and/orjunction boxes, Arlie is not <br /> required to reimburse the City for the unutilized improvements. <br /> 5. Nothing in this letter-agreement is intended to conflict with the decisions previously <br /> issued regarding any of the phases of the Crescent Village PUD. If anything in this letter- <br /> agreement conflicts with the City's previously-issued decisions related to the Crescent Village <br /> PUD, the previously issued decisions shall control. <br /> 6. Any disputes between Arlie and the City arising out of or related to this letter-agreement <br /> shall be resolved by arbitration pursuant to ORS 36.600 et sea. (2007) or any similar or <br /> successor statute. The arbitrator's decision shall be final and binding and may be docketed as a <br /> judgment in the Circuit Court of the State of Oregon for Lane County. The losing party shall pay <br /> the arbitrator's fees and expenses. The prevailing party in any arbitration or litigation shall be <br /> entitled to recover its reasonable attorneys' fees, costs and expenses incurred in such arbitration <br /> or litigation, from any appeal therefrom and for enforcement or collection of any award or <br /> judgment rendered. <br /> 7. This letter-agreement shall be for the benefit of and binding upon the parties' heirs, <br /> assigns and successors-in-interest. <br /> 8. This letter-agreement has been entered into and shall be construed and applied in <br /> <br /> q:\projects\proj-2\4502\contract\other agreements\4502-20090526-letter_arlie_agreement.docx Page 2 Of 3 <br /> <br />