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N' <br />5. In consideration of the transfer of park lands, <br />CITY acknowledges that all COUNTY financial obligations to CITY <br />for past maintenance of Alton Baker Park are satisfied. <br />6. All monies due COUNTY through the State Marine <br />Board Maintenance Assistance Program shall continue to accrue to <br />COUNTY until June 30, 1988. CITY shall,be free to participate in <br />the program beginning with FY 88-89. <br />7. CITY and COUNTY agree to the following transition <br />process: <br />a. CITY and COUNTY staff shall prepare a <br />transition plan for each property covering such <br />issues as deed restrictions, third party agree- <br />ments, federal and state agency involvement, trans- <br />fer of files, plans and other documents, public <br />information needs and operational considerations. <br />b. The transition plan shall be reviewed and <br />approved by the Chief Administrative.officers. <br />C. County Administrator shall supervise the <br />preparation of conveyance instruments. <br />B. CITY Maintenance of Western Portion of Alton Baker Park. <br />8. CITY agrees to perform the maintenance services <br />described in Exhibit "E" within the portion of Alton Baker Park <br />more fully described in Exhibit "D", beginning on the last date of <br />authorized signature of-,this agreement, and continuing thereafter <br />for eighteen (18) months. The parties recognize that COUNTY is <br />responsible for design and construction of the portion of Alton <br />Baker Park more particularly described in Exhibit "D" and that <br />CITY is not responsible for any defects which might exist due to <br />design or construction. The parties recognize that COUNTY is' <br />responsible for maintenance of the portion of Alton Baker Park <br />more fully described in Exhibit "D" after the eighteen (18) month <br />period just described. COUNTY shall indemnify and defend CITY <br />against any claim against CITY arising during the term of this <br />agreement due to COUNTY'S negligence. CITY shall indemnify and <br />defend COUNTY from any claims against COUNTY arising during the <br />term of this agreement solely due to CITY'S negligent performance <br />or failure to perform its responsibilities under this contract. <br />This paragraph shall not affect the common law indemnity rights of <br />the parties and only applies to events occurring during the term <br />of this contract. <br />9. It is COUNTY'S intention to convey ownership of the <br />portion of Alton Baker Park, more fully described in Exhibit "D", <br />to CITY eighteen (18) months from the date of this agreement, <br />unless there is substantial progress made toward development of a <br />golf course project in the park. Prior to the eighteen (18) month <br />period, CITY and COUNTY chief administrative officers will meet to <br />Intergovernmental Agreement <br />(Lane County/City of Eugene) - 3 Exhibit A to contract 498-328 <br />