Agreements, U of O, Altong Baker Park, City/County

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CITY OF EUGENE INTER - DEPARTMENTAL MEMORANDUM CITY ATTORNEY - CIVIL. DEPARTMENT To: Johnny Medlin, PWD Date: July 21, 1995 Subject: Shared Parking at Autzen Stadium and Alton Baker Park Introduction Real property in East Alton Baker Park and the area surrounding Autzen Stadium have been the subject of numerous intergovernmental agreements between Lane County ( "County"), University of Oregon ( "University"), and the City of Eugene ( "City "). The agreements at issue here are those concerning parcels necessary for the construction of the Leo Harris Parkway. The pertinent agreements occurred in February 1992 (University and County), May 1992 (County and City) and February 1993 (County and City). The University has presented a draft written proposal for shared parking at Autzen stadium to be considered by the City (1995 Proposal). We have been asked to review the 1995 Proposal for consistency with the existing contracts between County, University and City. Existing Contracts The first of these agreements was executed in February 1992 between the County and the University (County University). In this agreement, the University promised to convey to the County ' all University -owned real property that is located within and south of the project right -of -way as outlined and shown on Exhibit A, attached herewith." (Paragraph 15) (Emphasis added). The Attachment A clearly demarcates the land "within" the boundaries of the proposed Leo Harris Parkway. Attachment A also shadows in the University-owned area south of the right -of -way to be conveyed; it is south of the proposed Leo Harris Parkway and bordered to the East by North Walnut Road. In consideration for the promised transfer, the County agreed to provide 14 days notice if the Autzen Stadium parking was needed by user groups (Paragraph 11), proceed with the Leo Harris Parkway project (Paragraph 12) and allow University overflow parking on County's property south of Leo Harris Parkway (Paragraph 14; also see Area A of 1995 Proposal). The second agreement was executed between County and City in May 1992 to facilitate County use of City properties in the construction and improvement of Leo Harris Parkway (County - City 1992). The City promised to convey to County the City -owned lands necessary for the project construction. The County agreed to be the lead organization for the project (Paragraphs 9 -11). It was agreed that after the project is completed the County will relinquish to City the County -owned real property needed or acquired for project right -of -way. (Paragraph 13). The finished improvements will be owned and maintained as a City street. (Paragraph 20). The promised conveyance necessarily includes the lands "within" the Leo Harris Parkway right-