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Benefactor's sole right under this Agreement shall be to seek enforcement of the covenants <br />of the City in Sections 7 and 9 or to defend its obligations hereunder. <br />9. Covenants of City. City makes the following covenants concernin<~ the Property. <br />9.1 Use of Property. City shall maintain the Property as a park for use by the public and <br />dedicated to the memory of Steve Prefontaine, subject to the following: <br />9.1.1 City shall be entitled to use, control and operate the Property in the same <br />manner in which it uses, controls and operates its other parks and recreational <br />facilities; <br />9.12 Notwithstanding any other provision of this AQreement, City, with voter <br />approval and without Benefactor's consent, may convert the use of the <br />Property to any.public educational, artistic or other charitable purpose, so <br />long as any use is dedicated to the memory of Steve Prefontaine; and <br />9.1.3 If, at any time, City determines that the cost of maintaining the Property <br />outweighs its benefits to the public, or if the Property should become <br />unusable by the City due to the passage of any law or the issuance of any <br />regulation, rule or order by a state or federal environmental agency, City may <br />sell the Property in any reasonable manner, subject to Benefactor's first right <br />to purchase the Property at its then fair market value. Benefactor's right to <br />purchase the Property shall expire n~nety (90} days after the date of notice <br />from the City to Benefactor that the Property is for sale unless Benefactor <br />notifies City of his intention in writing before the date of expiration. If <br />Benefactor and City are unable to agree on a price for sale of the Property <br />within thirty (30) days, both City and Benefactor agree to each select a <br />qualified real property appraiser who shail jointly select a third appraiser. <br />City and Benefactor agree to be bound by the price set by such third <br />appraiser's assessment of fair market value. <br />9.2 Development of Park. Unless there is a change of use of the Property under Section <br />9.1, the City shall develop the Property for public use as a park as follows: <br />9.2.1 Not later than one (1) year after the date on which City has received deeds <br />of conveyance of title to Lots 9, 10, and 1l, Block 3, Replat of Victoria <br />Heights, Lane County, Oregon, City shall construct a parking facility on the <br />Property large enough to accommodate not fewer thai~ four (4) automobiles. <br />9.2.2 Certain improvements to the site, unspecified at this time, may be made by <br />donated (private) funding and labor. Such improvenients could include, but <br />would not be limited to, trails, benches; sculpture and aathering places for <br />small groups of people. Any site improvements made by private fiinds and <br />A~reement for Acquisition and Development of Pre's Rock Park - Page 5 <br />