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PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT PARTIES: PADDOCK MASONRY, INC., an Oregon Corporation, and JAMES and SUSAN PADDOCK (Paddock) and THE CITY OF EUGENE, on Oregon Municipal Corporation (City). RECITALS: A. Paddock is the owner of real property in City of Eugene, Lane County, Oregon, more particularly described in Attachment A. B. Paddock received approval of a tentative major partition of the property on January 11, 2001. C. City has an agreement with Paddock to purchase Parcel 1 of the major partition upon approval and recording of the final partition plat. D. City and Paddock desire to use this agreement to meet Paddock's responsibility under Eugene Code 9.033(3)(a)3. To provide assurance that public improvements required by the Code or as a condition of tentative plat approval can be and will be constructed. E. City and Paddock desire that this Public Improvement Construction Agreement be recorded in the Lane County Oregon Recorder's office. AGREEMENT: 1. Incorporation of Recitals. By this reference the foregoing recitals are hereby incorporated and made a part of this agreement. 2. Parcel Number 1. City is a contract purchaser from Paddock for Parcel 1 of the Paddock major partition. The Purchase Agreement between the parties is hereby modified, as necessary, to be consistent with the terms and conditions of this public improvement construction agreement between the parties. Street Improvements. A. If Paddock develops Parcel 2 prior to the development of Parcel 1, Paddock shall have the obligation to provide for all public street improvements, at Paddock's expense, contiguous to Parcel 1 that may be required for the development of Parcel 2, subject to the timing conditions set forth in paragraph 6 below. B. If street improvements are necessary prior to development of the adjoining property to the south or prior to right-of-way dedication on the adjoining property Page 1