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• <br /> 5. In consideration of the transfer of park lands, <br /> CITY acknowledges that all COUNTY financial obligations to CITY <br /> for past maintenance of Alton Baker Park are satisfied. <br /> 6. All monies _due COUNTY through the State Marine <br /> Board Maintenance Assistance Program shall continue to accrue to <br /> COUNTY until June 30, 1988. CITY shall be free to participate in <br /> the program beginning with FY 88 -89. <br /> 7. CITY and COUNTY agree to the following transition <br /> process: <br /> a. CITY and COUNTY staff shall prepare a <br /> transition plan for each property covering such <br /> issues as deed restrictions, third party agree- <br /> ments, federal and state agency involvement, trans- <br /> fer of files, plans and other documents, public <br /> information needs and operational considerations. <br /> b. The transition plan shall be reviewed and <br /> approved by the Chief Administrative officers. <br /> c. County Administrator shall supervise the <br /> preparation of conveyance instruments. <br /> B. CITY Maintenance of Western Portion of Alton Baker Park. <br /> 8. CITY agrees to perform the maintenance services <br /> described in Exhibit "E" within the portion of Alton Baker Park <br /> more fully described in Exhibit "D ", beginning on the last date of <br /> authorized signature of this agreement, and continuing thereafter <br /> for eighteen (18) months. The parties recognize that COUNTY is <br /> responsible for design and construction of the portion of Alton <br /> Baker Park more particularly described in Exhibit "D" and that <br /> CITY is not responsible for any defects which might exist due to <br /> design or construction. The parties recognize that COUNTY is <br /> responsible for maintenance of the portion of Alton Baker Park <br /> more fully described in Exhibit "D" after the eighteen (18) month <br /> period just described. COUNTY shall indemnify and defend CITY <br /> against any claim against CITY arising during the term of this <br /> agreement due to COUNTY'S negligence. CITY shall indemnify and <br /> defend COUNTY from any claims against COUNTY arising during the <br /> term of this agreement solely due to CITY'S negligent performance <br /> or failure to perform its responsibilities under this contract. <br /> This paragraph shall not affect the common law indemnity rights of <br /> the parties and only applies to events occurring during the term <br /> of this contract. <br /> 9. It is COUNTY'S intention to convey ownership of the <br /> portion of Alton Baker Park, more fully described in Exhibit "D ", <br /> to CITY eighteen (18) months from the date of this agreement, <br /> unless there is substantial progress made toward development of a <br /> golf course project in the park. Prior to the eighteen (18) month <br /> period, CITY and COUNTY chief administrative officers will meet to <br /> Intergovernmental Agreement <br /> (Lane County /City of Eugene) - 3 <br /> Exhibit A to contract #98 -328 <br />