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So that the City can begin its pavement preservation project for 13th Avenue in June, 2010, while allowing First LEED to proceed. with its development along 13th Avenue on First LEED's own schedule, the City and First LEW:hav44-eached an agreement regarding the City's construction of the 740 East 13th Avenue Stormwater-l: in provements in 13th Avenue at 740 E W' Avenue. If the 8 paragraphs set forth below accurately restate the agreement. between. you and the City, please have an authorized agent of First LEED sign below and return the original to (Mark Schoening, City of Eugene, City Engineer, 99 East Broadway, Suite 400, Eugene OR 97401. The City.and First LEED agree to the following: 1. The City will include, by change order, in its "2010 PPP Storm Rehabilitation. Projegr the construction of stormwater improvements in 13th Avenue at address 740 E 13th Avenue. The stormwater improvements will include construction of a 12" PVC connection.to existing storm . manhole 57273, removal of existing storm bubbler 57097, installation of a catch basin, installation of a 8" PVC stub, and associated curb and gutter removal and replacement. . (hereinafter collectively referred to as "the 740 E. 13th Stormwater Improvements"). _ ' . 2. First LEED must reimburse. the City for the.City's..actual construction costs of the 740 E. 13th Stormwater Improvements within 30 days of'the. City 's payrrient to the. contractor for the improvements. 3. Nothing in this letter-agreement is intonded`tp conflict with the decisions previously issued:.regaeding The Danville, if any.. if anything.in this letter.-agreement conflicts:with the City's .previously-issued decisions-related to 'fhe Danville, ;ftie.previously issued d eci-dris shall control. 4: Any disputes between First LEEdand the City arising. out of'or.related to this.letter= agreement shbll.be. resolved by arbitration.pursuant.to ORS 36:6,00.:et s"eo...(2007.).or any similar or successor statute.. The arbitrator's decision, shall be. final and binding: and may be docketed. as a judgment iri.the Circuit Court of the Sfatevf Oregon for Lane, Counter.., The losing *rty shall pay the arbitrator's fees. and expenses:, The prevailing: party in any arbitration or litigation shall be entitled.to recover its reaso.nable.446rneys' fees, costs.and expenses incurred. in such. arbitration or litigation, from any appeal therefrom.arid for enforcement or collection of any award or judgment rendered. 5. This letter-agreement shall be for the benefit of and binding upon the parties' heirs, assigns and successors-in-interest: •6. This letter-agreement has been entered into and shall be construed, and applied in accordance: with the laws of the State of Oregon. -A ltratloh pertaining to this Agreement shall be convened in Eugene, Oregon. Litigation pertaining to this-Agreement shall be convened- in the Circuit Court of the State of Oregon-for Lane County or in the Southern Division of the United States District Court for the District of Oregon. 7. If any term of this letter-agreement is determined to be illegal or unenforceable by a court or arbitrator, then the. validity of the remaining terms shall not be affected.and the rights and. obligations of the parties hereunder•shali be construed and enforced as if the: illegal or unenforceable term was not included in the letter-agreement. 8. This letter-agreement shall supersede all prior communications, representations or . agreements, either oral or written, between the City and First LEED regarding the 740 E, 13th Stormwater Improvements This letter-agreement embodies.the entire agreement of the City and First LEED regarding the 740 E. 13th Stormwater Improvements as of its date of execution. cq;\projects\proj-4\4674 ppp 2010 storm rehab\contract\other agreements\4674-20100329- letter hrst_leed_agreement.doc Page 2 of 3