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0 <br />0 <br />STREET TREE PLAN AGREEMENT <br />For Silver Acres 1" Addition <br />BETWEEN: CITY OF EUGENE, <br />an Oregon municipal corporation ( "the City ") <br />AND Kids Enterprises, LLC ( "Developer ") <br />DATE: March 7, 2005 <br />RECITALS <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 />( "the Property "). <br />B. Developer has requested approval by the City of development of the Property; <br />Developer's proposed development involves the creation of a street. <br />C. On February 24th, the City Manager adopted Administrative Rule R- 7.280( "the Rule "). <br />R- 7.280 -A specifies that approval of a development that involves the creation c�f a street shall not <br />be granted "unless the applicant has submitted and received approval of a Street Tree Plan <br />pursuant to R- 7.280 -C.1 or executed an agreement with the City pursuant to R- 7.280 -C.2 that <br />ensures street trees will be planted and established in accordance with the standards and procedures <br />provided for in these rules and the adopted policies of the Urban Forest Management Plan. " <br />D. The City and Developer enter into this Agreement to facilitate Developer' s compliance <br />with the Rule and to set forth Developer's obligations relating to the Developer's submitted <br />Street Tree Plan ( "the Plan "). <br />AGREEMENT <br />Now, therefore, in consideration of the foregoing Recitals, which by this reference are <br />incorporated herein as if set forth in full, 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. Term. This Agreement shall commence upon the signature of both parties and <br />Developer's payment of the amount set forth in paragraph 2.1 and 2.3. This Agreement shall <br />continue until such time as all tree establishment periods have expired in accordance with R- 7.280- <br />F. <br />Street Tree Plan Agreement - Developer Plant 1 of 5 <br />