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veyance instruments are ready for signing. These properties are <br /> conveyed "as is" and COUNTY has no obligations nor liabilities <br /> concerning their condition after the time transfer documents are <br /> filed. Prior to the date that transfer documents are filed with <br /> Lane County Records, CITY assumes no liability for any claims, <br /> known or unknown, as to those properties described in Exhibit "A ". <br /> As to those properties described in Exhibit "C ", prior to the time <br /> that transfer documents are filed with Lane County Records, the <br /> parties recognize that COUNTY is responsible for design and con- <br /> struction of that portion of eastern Alton Baker Park and that <br /> CITY is not responsible for any defects that might exist due to <br /> design and construction. The parties further recognize that CITY <br /> will continue, under prior agreement with COUNTY, to provide <br /> maintenance services for those properties described in Exhibit "C" <br /> until transfer documents have been filed. Until such time CITY <br /> shall indemnify and defend COUNTY from any claims against COUNTY <br /> arising solely due to the CITY'S negligent performance or failure <br /> to perform its responsibilities to provide maintenance services. <br /> COUNTY shall indemnify and defend CITY against any claim against <br /> CITY arising during the term of this agreement due to COUNTY'S <br /> negligence. This paragraph shall not affect the common law indem- <br /> nity rights of the parties. <br /> 2. Each conveyance instrument shall contain the <br /> following restrictions: <br /> a. Should CITY fail to use the property for <br /> park purposes, ownership shall revert to COUNTY. <br /> b. CITY shall not charge a higher fee to <br /> out -of -City residents than is charged to CITY <br /> residents for use of park property. <br /> 3. The conveyance instruments for park properties <br /> described in Exhibit "A" shall contain the following restriction: <br /> Should the property be included within the boun- <br /> daries of an incorporated city other than the City <br /> of Eugene, ownership shall be transferred to that <br /> city or revert to COUNTY. <br /> 4. CITY agrees to reserve for a period of five (5) <br /> years the area in the western portion of Alton Baker Park gener- <br /> a ally described in Exhibit "C" as "Museum Site ", for the location <br /> of local and regional museums. During that five year period CITY <br /> agrees to negotiate in good faith with all parties interested in <br /> constructing a local or regional museum in the designated area. < <br /> Any CITY agreement to transfer an interest in real property nego- <br /> tiated pursuant to this paragraph will be for a token monetary <br /> payment only. CITY will incorporate the agreement contained in <br /> this paragraph into its City Park System Master Plan through the <br /> update and amendment process for the Master Plan. <br /> Intergovernmental Agreement <br /> (Lane County /City of Eugene) - 2 <br />