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So that the City can begin its pavement preservation project for Hawkins Lane in May, 2010, while <br />allowing the development of St. John's Wood to proceed along Hawkins Lane on your own schedule, the <br />following agreement regarding the City's construction of the 2638 Hawkins Lane Wastewater <br />Improvements in Hawkins Lane has been reached. If the 8 paragraphs set forth below accurately <br />restate the agreement between you and the City, please sign below and return the original to Mark <br />Schoening, City of Eugene, City Engineer, 99 East Broadway, Suite 400, Eugene OR 97401. <br />The City and Mr. Peter Dettmer agree to the following: <br />1. The City will include, by change order, in its "2010 PPP Storm Rehabilitation Project" the <br />construction of wastewater improvements in Hawkins Lane at address 2638 Hawkins Lane. The <br />wastewater improvements will include construction of a wastewater manhole, 8" PVC waste <br />water line, and associated curb and gutter removal and replacement (hereinafter collectively <br />referred to as "the 2638 Hawkins Lane Wastewater Improvements"). <br />2. Mr. Dettmer must reimburse the City for the City's actual construction costs of the 2638 <br />Hawkins Lane Wastewater Improvements within 30 days of the City's payment to the contractor <br />for the improvements. <br />3. Nothing in this letter-agreement is intended to conflict with the decisions previously <br />issued regarding St. John's Wood, if any. If anything in this letter-agreement conflicts with the <br />City's previously-issued decisions related to St. John's Wood, the previously issued decisions <br />shall control. <br />4. Any disputes between Mr. Dettmer and the City arising out of or related to this letter- <br />agreement shall be resolved by arbitration pursuant to ORS 36.600 et s_ge . (2007) or any similar <br />or successor statute. The arbitrator's decision shall be final and binding and may be docketed <br />as a judgment in the Circuit Court of the State of Oregon for Lane County. The losing party shall <br />pay the arbitrator's fees and expenses. The prevailing party in any arbitration or litigation shall <br />be entitled to recover its reasonable attorneys' fees, costs and expenses incurred in such <br />arbitration or litigation, from any appeal therefrom and for enforcement or collection of any award <br />or judgment rendered. <br />5. This letter-agreement. shall be for the benefit of and binding upon the parties' heirs, <br />assigns and successors-in-interest. <br />6. This letter-agreement has been entered into and shall be construed and applied in <br />accordance with the laws of the State of Oregon. Arbitration pertaining to this Agreement shall <br />be convened in Eugene, Oregon. Litigation pertaining to this Agreement shall be convened in <br />the Circuit Court of the State of Oregon for Lane County or in the Southern Division of the United <br />States District Court for the District of Oregon. <br />7. If any term of this letter-agreement is determined to be illegal or unenforceable by a <br />court or arbitrator, then the validity.of the remaining terms shall not be affected and the rights <br />and obligations of the parties hereunder shall be construed and enforced as if the illegal or <br />unenforceable term was not included in the letter-agreement. <br />q:\projects\proj-4\4674 ppp 2010 storm rehab\contract\other agreements\4674-20100429-st john's wood.docPage 2 of 3 <br />