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GILLESPIE BUTTE <br /> USE AND MAINTENANCE AGREEMENT <br /> WHEREAS, the City of Eugene, by and through the Eugene Water & Electric <br /> Board (EWEB), is the owner of a portion of land on the top of Gillespie Butte, <br /> referred to as Gillespie Butte, a description of which is attached hereto and <br /> marked Exhibit "A ", and this property is not essential to the present needs of <br /> EWER, and, <br /> WHEREAS, the City of Eugene (City) desires to use Gillespie Butte for park <br /> purposes to provide public open space and to hold in trust this natural <br /> resource area until EWER disposes of Gillespie Butte by sale, exchange, or <br /> otherwise. <br /> Now, therefore, EWEB hereby grants permission for the City, without com- <br /> pensation, to use and maintain Gillespie Butte for park purposes. The City <br /> shall obtain approval from EWEB prior to making any temporary or permanent <br /> improvements to the site. <br /> This use and maintenance agreement can be terminated by either party at <br /> any time upon thirty (30) days' written notice to the other. <br /> The City assumes all liability from the effective date of this agreement <br /> and until the termination of the agreement for any claims made by reason of <br /> the use of said property and agrees to hold EWEB harmless from any such <br /> claims. <br /> Amendments to this agreement will be made by mutual consent between the <br /> City Manager and the EWEB General Manager. <br /> Dated this //1_2: day of r�j,1„( , 1987. <br /> EUGENE WATER & ELECTRIC BOARD <br /> "ler de <br /> By / <br /> /- -n •eeder, General Manager <br /> CITY OF EUGENE <br /> By .444Wdi <br /> Mich-al Gleason Pity Mana r <br />