A member of a family that deeded the six-acre James Mack Memorial Park to thecommunity in 1927 contends the city is not complying with terms of the still-binding quit-claim deed because it has allowed the site to deteriorate.

Mayor Robert Chambers said Monday that he disagrees with contentions made in a recent letter from Thomas Mack, 43, Honolulu, a grandson of James R. Mack, whodeeded the property to the city for $1 on condition that it be used in perpetuity as a community park.In his letter, Mack said he visited the park this summer and found that the city has not complied with a portion of the agreement that states "the premises shall always be kept in such a condition as to be attractive as a place for recreation and not a nuisance in appearance."

Mack said a brushy, wooded area on the park's east side is "proof that the city has not kept its bargain."

Chambers said there are no plans to remove the trees and brush along the eastern side because a master plan approved by residents calls for the area to remain in its natural state.

Mack's letter said the park has fallen into disrepair, but Chambers said at least $100,000 has been spent on the site in the last few years.

"Picnic tables have been installed, trees have been planted, weedy areas havebeen cleared, barbeque pits have been installed, the Old Kiwanis Lodge has been acquired and renovated for public use and a parking lot near the lodge is planned for next year," he said.

Mack said he is not trying to regain ownership of the land, but "I will consider legal action unless a three-year plan to ensure future compliance is agreed on and then the conditions are met."

Chambers said the City Council is developing a Three-year plan and will continue to improve the park, but "I do not believe we have failed to meet our end ofthe agreement."