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3. No tree(s) identified in Exhibit "B" shall be removed in the future without City agreement. <br />4. In the event any tree identified in' Exhibit "B" dies due to disease, accident or vandalism, <br />LTD will replace the tree with a tree of similar species and value. <br />5. If the necessity for removal of a tree identified in Exhibit "B" is agreed to by the City, LTD <br />will either replace the tree or pay fees to the City according to the process described in <br />Eugene Code Section 6.305 (3) for replacement. <br />CITY AGREES: <br />6. This agreement and the replacement trees shown in Exhibit "B" for the removed street <br />trees abutting the Eugene Station Project satisfies Eugene Code Section 6.305 (3) as it <br />relates to mitigating the value of removed street trees. <br />LTD AND CITY AGREE: <br />7. The terms of this agreement shall remain in effect until otherwise agreed by both parties. <br />8. Neither party shall assign this contract, in whole or in part, or any right or obligation <br />hereunder, without the other party's prior written approval. <br />9. This contract embodies the entire agreement of the parties. There are no promises, <br />terms, conditions or obligations other than those contained herein. This contract shall <br />supersede all prior communications, representations or agreements, either oral or written, <br />between the parties. This contract shall not be amended except in writing, signed by both <br />parties. <br />10. This agreement does not preclude either the City Council from amending the Tree <br />Preservation Ordinance or the City Manager from amending the implementing rules. Any <br />such amendments would apply to LTD to the same extent that the rules apply to any other <br />entity covered by the amendments. <br />LTD /City Intergovernmental Agreement —Page 2 <br />Trees within Eugene Station Project <br />