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2. Developer Responsibilities. Developer has prepared and submitted a Plan to the City in <br />conjunction with the requirements of the City standards, rules, procedures and policies. The Plan <br />is attached hereto as Exhibit B. <br />2.1 Along with Exhibit B, Developer submitted to the City the applicable Plan review, <br />inspection, administration and monitoring fees, as established by the City Manager <br />pursuant to section 2.020 of the Eugene, Code, 1971. <br />2.2 The City shall review the Plan for completeness. The City will not deem the Plan <br />complete unless and until the Plan complies with all the City standards, rules, <br />procedures and policies including but not limited to the street plan requirements, <br />street tree standards and establishment standards set forth in the Rule. This <br />Agreement shall not be executed until the Plan is deemed complete. <br />2.2.1 In the event Developer makes changes to its development site plans or <br />specifications, the Plan shall automatically be rendered incomplete. At such <br />time, Developer shall be responsible for submitting a new street tree plan <br />which compiles with all of the provisions of this Agreement and the Rule, <br />and must include any required additional fees and deposit amounts. All <br />proposed changes must be approved by the City. <br />2.3 In addition to the amounts required under paragraph 2. 1, Developer shall deposit <br />with the City, upon execution of this Agreement, an amount equal to the total cost <br />of purchasing, installing and establishing the street trees under the Plan. The actual <br />deposit amount shall be established in accordance with the City's Tree <br />Preservation and Street Tree Program Fee Schedule (" Fee Schedule ") that was <br />adopted by the City Manager pursuant to section 2.020 of the Eugene Code, 1971. <br />A copy of the Fee Scheduled is attached hereto for reference as Exhibit C. <br />2.3.1 Developer shall provide the City with cash, an assignment of a certificate <br />of deposit or a surety performance bond (which has been fully executed by <br />Developer and its surety) guaranteeing Developer's obligations under this <br />paragraph. <br />2.3.1.1 A cash deposit shall be non - interest bearing. <br />2.3.1.2 In the event Developer provides the City with a certificate of <br />deposit assignment ( "assignment ") or a performance bond ( "bond ") in <br />accordance with the requirements of this paragraph, such assignment or <br />bond shall be in a form acceptable to the City, in its sole discretion, and <br />include a perpetual term. Notwithstanding the perpetual term aspect of an <br />assignment or bond, the City may evaluate the amount of the assignment or <br />bond and require Developer to reestablish the assignment or bond in <br />another amount, which shall be computed in accordance with the City rules <br />and standards, if Developer has not commenced its development, including <br />each phase of development to the extent that the development is comprised <br />Street Tree Plan Agreement - Developer Plant 2 of 5 <br />