xv. Condition 15: Include a note on the final plans that states, "In the event a <br />preservation tree must be removed (i.e. dead, diseased, or hazardous <br />trees) justification of the removal must be documented by a certified <br />arborist. Documentation must be provided to the City for review and <br />approval prior to tree removal activity. The tree(s) shall be replaced at a <br />ratio of two (2) trees for each one (1) tree removed. Replacement trees <br />shall be native species, with a minimum caliper of 2" for deciduous trees <br />and a minimum height of 5' for coniferous or evergreen trees. Planting, <br />watering and general maintenance of replacement trees shall be <br />conducted by the property owner in a manner that ensures their <br />establishment and long-term survival." <br />2. Si&ns: All permanent signs associated with the Development Activities shall conform to <br />the applicable provisions of the Eugene Code. <br />3. Financing: Developer agrees, upon request of the City, to provide to the Building <br />Division the name and address of Developer, together with the designation of a <br />particular responsible official and any lending institution participating in the <br />Development Activities, contemporaneously with any request to issue any building <br />permit associated with the Development Activities. <br />4. Amendments and Modifications: No portion of this Agreement or any of its attached <br />exhibits may be amended or modified without the written consent of the Planning <br />Director or the Planning Director's designee. <br />5. Breach: Developer understands and agrees that Developer's failure to comply with any <br />of the terms of this Agreement shall constitute a breach of this Agreement, and upon <br />breach of this Agreement City may refuse to issue or may revoke development and/or <br />occupancy permits associated with the Development Activities. <br />6. Liquidated Damages: As a separate remedy apart from any remedy otherwise allowed <br />under this Agreement or otherwise allowed under Oregon law, the City may, within its <br />sole discretion, determine to seek damages from the Developer for a breach of this <br />Agreement. If the City elects to pursue this remedy, it shall first notify the Developer <br />with reasonable particularity of the nature of the breach and shall afford the Developer <br />a reasonable time within which to cure. It is mutually understood and agreed between <br />the parties that damages in the event of Developer's breach will be difficult to ascertain <br />with reasonable certainty because one of City's primary interest in this Agreement is the <br />protection of the public health, safety, and welfare of its citizens a measure that is <br />inherently difficult to calculate. The amount of City's damages being difficult to <br />ascertain, it is thus mutually agreed that damages shall be computed on the basis of <br />250 per day for each day each breach continues. It is further recognized and agreed <br />between the parties that the damages of $250 per day are in the nature of liquidated <br />damages and are not construed as a penalty. <br />7. Specific Performance: Developer understands and agrees that in addition to and not in <br />lieu of any other remedies provided by this Agreement and applicable state and local <br />laws, the City may, within its sole discretion, seek specific performance by way of suit in <br />equity against any of the parties to this Agreement in the Circuit Court of the State of <br />Oregon for Lane County. <br />Page 4 of 5