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To: <br />Subject <br />CITY OF EUGENE <br />INTER DEPARTMENTAL MEMORANDUM <br />CITY ATTORNEY - CIVIL DEPARTMENT <br />i <br />Jody Miller Date: April <br />Intergovernmental Relations <br />ORS 190 Agreement between City of Eugene and LTD <br />I have reviewed the City of Eugene and Lane Transit District], <br />contract for maintenance of the central transfer facility. The <br />only question that I have deals with the termination clause in <br />paragraph III of the agreement. I do not believe that we want to <br />say that upon 60 days notice either party may terminate their ob- <br />ligations to maintain their own property. In other words, those <br />obligations would survive the termination of this mutual agreement. <br />Yet the obligations set forth in Exhibit B"to the agreement <br />and incorporated within it by paragraph I would be terminated as <br />the agreement is now written. <br />1 <br />It.would seem to me, then, that we would need language to add' <br />onto paragraph III to make this ongoing duty explicit. Would the! <br />following language be appropriate: <br />"Upon termination.of this agreement City shall be <br />responsible-for on-going maintenance.of the side- <br />walks and lighting in the area described in <br />Exhibit A to this agreement.. Upon such termination <br />LTD shall be responsible for on-going maintenance of <br />the shelters and information kiosks shown on Exhibit <br />A to this agreement." <br />Are there other facilities for which the.post-termination main- <br />tenance duties need to be described? Please let me know if this <br />addition is satisfactory and solves the problem.. Thanks for your <br />cooperation. <br />TJS:jw <br />HARRANG, SWANSON, LONG & <br />WATKINSON, P.C. - ITY ATTORNEYS <br />I. <br />1 <br />Timothy rcombe <br />