|
of phases, within five (5) years of execution of this Agreement.
<br />2.3.1.3 The cash deposit, or portion thereof, shall be returned to
<br />Developer, or the assignment of bond, or portion thereof, shall be released,
<br />if at all, in accordance with R- 7.280 -F and the procedures set forth in the
<br />Fee Schedule.
<br />3. Development Approval. Developer acknowledges and agrees that the City shall not
<br />approve a final subdivision plat, planned unit development, partition or development plan until
<br />Developer and the City have executed this Agreement.
<br />4. Time of Essence. Time is of the essence for each of the terms, covenants and conditions
<br />of this Agreement.
<br />5. Notice. Any notice required by this Agreement shall be in writing and must either be
<br />delivered and served personally, or deposited in the United States mail, postage prepaid, registered
<br />or certified, return receipt requested and regular first class mail, addressed to the parties as shown
<br />below:
<br />City: City of Eugene
<br />Urban Forester
<br />1820 Roosevelt Blvd.
<br />Eugene, OR 97402
<br />Developer: Kids Enterprises, LLC
<br />91355 Triple Oaks Drive
<br />Eugene, OR 97408
<br />Such notice, if mailed within the State of Oregon, shall be considered delivered upon the second
<br />day following the date postmarked. If mailed outside the State of Oregon, notice shall be deemed
<br />delivered upon the fifth day following the date postmarked. Either party may change the person
<br />to receive notice by giving notice of the change to the other party.
<br />6. Indemnification. Developer shall indemnify and hold the City, and its officers, agents and
<br />employees, harmless from and against all claims, actions, liabilities and costs, including attorney
<br />fees and other costs of defense, or any appeal or review thereof, arising out of or in any way
<br />related to Developer's performance under this Agreement, Developer's failure to strictly comply
<br />with any provision of this Agreement, or any other actions or failure to act by Developer,
<br />Developer's employees, agents, officers and contractors as such acts or omissions relate to this
<br />Agreement. In the event any such action or claim is brought against the City, Developer shall,
<br />if the City so elects and upon tender by the City, defend the same, including any appeal or review
<br />thereof, at Developer's sole cost and expense, promptly satisfy any judgment adverse to the City
<br />or to the City and Developer, jointly, and reimburse the City for any loss, cost, damage or
<br />expense, including attorney fees, suffered or incurred by the City. This provision shall survive
<br />the expiration or earlier termination of this Agreement.
<br />Street Tree Plan Agreement - Developer Plant 3 of 5
<br />
|