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

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Johnny Medlin July 21, 1995 Page 3 County's property south of Leo Harris Parkway for overflow parking on major event days in Autzen stadium" through December 31, 1996. (Paragraph 14). The City assumed this obligation by assignment in the County-City 1993 agreement. (Paragraph 9). University acknowledges this existing obligation on page one of 1995 Proposal and identifies the parcel as Area A. The 1995 Proposal differs in that it seeks exclusive use of Area A up to 12 times per year for an unspecified duration beyond December 31, 1996. The City's second obligation would provide University access to "University-owned area `E' (via Walnut Lane)." Although the title ownership of Area E may presently be in the University, the University is obligated to convey Area E to the City under the County- University contract, paragraph 15. The University's obligation to convey is owed to the City by way of the assignment of rights in the County-City 1993 agreement. (Paragraph 9). It is not apparent what purpose this proposed access will serve once the University fulfills it's obligation to convey Area E to the City. The City's proposed third obligation would be to create a "land bank" for use by the University in future right -of -way actions using Area B as the first deposit. Area B is proposed to be transferred to the City for the right -of -way pursuant to University's obligation #4. The creation of the land bank itself is not contemplated by the existing contracts. However, Area B constitutes a parcel of realty necessarily included in the promised conveyance of University - owned lands "within" the Leo Harris Parkway right -of -way in the County- University agreement. (Paragraph 15). The promised conveyance of Area B in the 1995 Proposal is already owed to the City pursuant to the assignment of rights from the County in the County -City 1993 agreement. (Paragraph 9). The University's obligations ib. and 2. under the 1995 Proposal shall allow the City to use Area E subject to certain restrictions. This provision is in conflict with the existing contracts. The parcel of realty described as Area E has already been promised to the City by way of the County in the County-City 1993 agreement and is now being represented as University -owned property. The university is obligated to convey Area A to the City under the County- University agreement. (Paragraph 15). The 1995 Proposal offers the City the use of Area E while in fact, the City has the right to enforce the University's promised conveyance of Area E pursuant to the County-City 1993 agreement. The 1995 proposal does not relate these existing contractual rights concerning Area E. HARRANG LONG GARY RUDNICK P.C. -- City Attorneys • • ao Gle -n GK: cmc