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2. TERM. THE TERM OF THIS RIGHT OF FIlZST REFUSAL COMMENCES <br /> ON THE DATE OF THIS AGREEMENT AND TERMINATES ON THE EARLIER TO <br /> OCCUR OF (1) THE EXPIRATION OF 40 YEARS AFTER THE EFFECTIVE. DATE, OR <br /> (2) THE CONSiJNIlVIATION OF A SALE OF THE CITY PARK TO A THIlZD PARTY <br /> WITHIN 90 DAYS AFTER GRANTEE HAS ELECTED NOT TO EXERCISE ITS RIGHT OF <br /> FIIZST REFUSAL. GRANTEE SHALL COOPERATE IN PROVIDING CITY WITH ANY <br /> INSTRUMENTS THAT CITY REASONABLY MAY REQUIIZE FOR THE PURPOSE OF <br /> REMOVING FROM THE PUBLIC RECORD ANY CLOUD ON TITLE TO THE CITY PARK <br /> ATTRIBUTABLE IN ANY MANNER TO THE GRANT OR EXISTENCE OF THIS RIGHT <br /> OF FIlZST REFUSAL, PURSUANT TO PARAGRAPH 8. <br /> 3. NOTICES. ALL NOTICES REQUIRED OR .PERMITTED TO BE GIVEN <br /> UNDER THIS AGREEMENT SHALL BE IN WRITING AND SHALL BE DEEMED GIVEN <br /> AND RECEIVED TWO DAYS AFTER DEPOSIT IN THE UNITED STATES MAIL, <br /> .CERTIFIED OR REGISTERED FORM, POSTAGE PREPAID, RETURN RECEIPT <br /> REQUESTED, ADDRESSED AS FOLLOWS: <br /> TO CITY: CITY OF EUGENE <br /> PARKS AND OPEN SPACE DIVISION <br /> ATTN: DIVISION MANAGER <br /> 1820 ROOSEVELT BLVD. <br /> EUGENE, OR 97405 <br /> TO GRANTEE: ROBERT S. QUINNEY <br /> P.O. BOX 1475 <br /> EUGENE, OREGON 97440 <br /> NOTICE GIVEN IN ANY OTHER MANNER SHALL BE EFFECTIVE WHEN IT IS <br /> RECEIVED BY THE PARTY FOR WHOM IT' IS INTENDED. EITHER PARTY MAY <br /> CHANGE ITS ADDRESS BY GIVING 10 DAYS' ADVANCE NOTICE TO THE OTHER <br /> PARTY. <br /> 4. GOVERNING LAW. THIS AGREEMENT SHALL BE CONSTRUED AND <br /> ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OREGON. <br /> 5. BINDING EFFECT. THIS AGREEMENT SHALL BE BINDING ON AND <br /> INURE TO THE BENEFIT OF THE PARTIES AND THEIR RESPECTIVE HEIlZS, <br /> SUCCESSORS, AND ASSIGNS. GRANTEE MAY FREELY ASSIGN ITS RIGHTS .UNDER <br /> THIS AGREEMENT. <br /> 6. HEADINGS. THE CAPTIONS AND HEADINGS USED IN THIS <br /> AGREEMENT ARE FOR REFERENCE ONLY AND SHALL NOT BE CONSTRUED TO <br /> DEFINE OR LIMIT THE SCOPE OR CONTENT OF THIS AGREEMENT. <br /> 7. RECORDING. ON REQUEST OF GRANTEE, CITY AGREES TO JOIN IN <br /> EXECUTING A MEMORANDUM OF THIS AGREEMENT, TO BE FII.ED FOR RECORD <br /> IN THE OFFICIAL RECORDS OF LANE COUNTY, OREGON, TO GIVE NOTICE TO THE <br /> <br /> PAGE 3-EXHIBIT 4 RIGHT OF FIlZST REFUSAL 4/12/2006 <br /> <br />