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HomeMy WebLinkAbout2020-219 IGA - Jackson County Library District INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE JACKSON COUNTY LIBRARY DISTRICT THIS INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY LIBRARY DISTRICT AND THE CITY OF ASHLAND (the "Agreement"), is entered into by and between the CITY OF ASHLAND, an Oregon municipal corporation (the "City"), and the JACKSON COUNTY LIBRARY DISTRICT, a library district organized under Chapters 198 and 357 of the Oregon Revised Statutes (the "District), and is effective as of July 1, 2020 (the "Effective Date"). RECITALS WHEREAS, the City is the owner of certain real property, commonly known as the Ashland Branch Library located at 410 Siskiyou Blvd., Ashland, Oregon, and more particularly described on Exhibit A, which is attached hereto and incorporated herein by this reference (the "Premises"); and WHEREAS, since June of 2014, the District has operated the Premises as the Ashland Branch Library, a free public library, pursuant to the Intergovernmental Agreement Between Jackson County and Jackson County Library District for Lease and Sublease of Library Facilities and Property dated June 24, 2015 (the "Jackson County IGA") in connection with the Intergovernmental Agreement Between Jackson County and the City of Ashland entered into on December 3, 2002, as amended(the "IGA Between Jackson County and Ashland"); and WHEREAS, the Jackson County IGA terminates on June 30, 2020; and WHEREAS, ORS 190.010 allows a unit of local government to enter into a written agreement with any other unit of local government for the performance of any function and/or activity the local government has the authority to perform. Therefore, the District and City are jointly authorized to enter into such an agreement pursuant to Chapter 190 of the Oregon Revised Statutes; and WHEREAS, the parties desire to enter into an intergovernmental agreement pursuant to ORS Chapter 190 for the continued use of the Premises by the District for the operation of a free public library. The City hereby certifies that it meets the above eligibility criteria for such cooperation with the District, and the District hereby certifies that it meets the above eligibility criteria for such cooperation with the City; and WHEREAS, as a result of this Agreement, any unit of local government, consolidated department, intergovernmental entity or administrative officers designated herein to perform specified functions or activities is vested with all powers, rights, and duties relating to those functions and activities that are vested by law in each party to this Agreement, its officers, agencies, and designated representatives. NOW, THEREFORE, in consideration of the terms and conditions contained herein, it is mutually agreed by the District and City as follows: PAGE 1 OF 11-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE JACKSON COUNTY LIBRARY DISTRICT AGREEMENT SECTION 1 n Leased Premises The City hereby leases to the District and the District hereby leases :firom the City the Premises,together with all irnprovernents thereon which are owned by the pity,including but not limited to, parking areas, driveways, landscaping, fencing, irrfrastiuc>°ture and signs (collectively, the "Itnprovernents"). As used herein, "Premises" shall include the land together with all City- owned Trnprovenaents thereon, SECTION 2. Term This Agreement shall be binding upon the parties as of the Effective,fate.The term of"this Agreement(the"Term") shall corninence on the Effective Date and shall continue,unless sooner terminated as provided in Section p,until June 30, ! (the ,Expiration Date"). SECTION 3. Rent The District shall pay as rent for the leased Premises the sum of One U.S. Dollar($1.00) per year beginning on Effective Date and on the first day of July of each subsequent, year throughout the Terns. It is expressly agreed that the rent payable by the District as a public body has been.established to reflect below market rent resulting from the exemption from taxation. Ally condemnation or default rental valuation shall presume payment ley the District of fair market vent for the leased Prerrrises. SECTION 4e Obligations and.Responsibilities€rf'the District 4.1 Net lease. 'I'lre District, at its sole expense, shall be responsible for the development, maintenance,repass:, and operation of the branch library on the Premises and for all other facilities and.l:rnprovearents to the Prernises. 412 1Jtiltf !��,i and Services. Tfie District shall assun).e and pay for all costs of,or charges for, utility services furnished to the District during,the Term of'this Agreement, The District ct shall provide, at its own cost and expense, all beating/cooling, electrical, water, sever, and janitorial services, and all other services necessary to maintain and operate tlae Pr,°errrises. 43 Permitted Activities. The District's use of the leased.Premises shrill be limited to operating a free:public library for the benefit of, and uniformly available can the san;re terms to; all members of the public in Jackson County,and is to use for these purposes the property and property interests firrrrished by the Laity. As used herein,the phrase."operating a free,public;library"includes all activities generally associated with a public library,both as of the Effective hate as well as at all times during the Tenn, and includes but is not limited to the storage, collection., display, circulation and care ofbooks,periodicals,documents,photographs, films,musical scores,musical recordings, and all forms of electronic data, for use by the general public, as well the facilitation of programing (e.g., book talks, story 'times, lectures, etc.). Notwithstanding the, foregoing, the District may also allow outside orgata:izations to use the library facilities (e. ., meeting tritons rase) and may require the payment of rent and/or fees for such use in miter to cover additional casts of maintenance and personnel to monitor libmr°y building and.Pr€;ruiSeS ruse. The District agrees not PAGr 2 of l 1—.I�d`I"C r�izt2ljFk N !}i lTAt (,E C E i N'I 13r r4t'-:CSr:1 't%E€:i 3'Y Ov AsHi.,ANj)AWD-flt};:T.ACKSON COI.JN'I Y LIBRARY DIsTRIC 1' to use the Premises for any unauthorized purpose nor to engage in or permit any unauthorized activity within or from the Premises. 4.4 Provision of Library Services; Budget. The District, in its sole discretion, shall decide on the level of service to be provided and the budget allocations for the free public library on the Premises. 4.5 Signs. The District shall not erect, install, nor permit upon the Premises any sign or other advertising device without first having obtained the written consent of the City and any necessary permit. 4.6 Alterations. The District shall not perform any construction upon the Premises nor modify, alter, or remove any permanent capital improvements lying within the Premises without prior written approval of the City, which shall not be unreasonably withheld. Any improvements made or fixtures attached to the Premises or the library building during the Tenn of the Agreement shall become the property of the City upon the Expiration Date 4.7 Repairs. The District, at the District's expense, shall keep the Premises in good repair,operating condition,working order,and appearance,including without limitation: (i)repairs and maintenance of the roof and gutters, exterior walls (including painting), bearing walls, structural members, floor slabs, and foundation; (ii) repair and maintenance of exterior water, sewage, gas, and electrical services from the point of entry to the Premises; (iii) repair of the heating and air conditioning system, including ordinary maintenance; (iv)repair of interior walls, ceilings, doors, windows, and related hardware, light fixtures, switches, wiring, and plumbing. 4.8 Grounds Maintenance/Landscaping. The District, at the District's expense, shall be responsible for maintaining in good, safe, and presentable condition, that part of the Premises comprising the grounds, including landscaping, and approaches to the library building, including sidewalks, driveways, curbs, and parking areas located on the Premises. The District, at the District's discretion, may contract with independent service providers or Jackson County for the provision of services necessary to fulfill the terms of this Subsection 4.8. 4.9 Restrictions on Use. The District's activities on, or use or possession of, the Premises, shall comply with all applicable laws, ordinances, codes, rules and regulations of the State of Oregon, Jackson County, and the City, as they now exist or may be amended from time to time. 4.10 Liens. The District shall have no power to do any action to make any contract that may create or be the foundation for any lien, mortgage, or other encumbrance on any interest of the City in the Premises. 4.11 Hazardous Substances. As used herein, "Hazardous Substances" shall be interpreted in the broadest sense to include any and all substances,emissions,pollutants,materials, or products defined or designed as hazardous, toxic, radioactive, dangerous, or regulated wastes or materials or any other similar term in or under any environmental law including,but not limited to, ORS Chapter 465 and ORS Chapter 466. The District shall not cause or permit any Hazardous Substances to be spilled, leaked, disposed of, or otherwise released on or under the Premises. The District may use or otherwise handle on the Premises only those Hazardous Substances typically PAGE 3 OF I I-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE JACKSON COUNTY LIBRARY DISTRICT used in or sold in the prudent or safe operation of a public library. The District may store such hazardous substances on the Premises only in quantities necessary to satisfy the District's reasonably anticipated needs. The District shall comply with all environmental laws, including federal, state, or local statutes, regulations, or ordinances, and shall exercise the highest degree of care in the use, handling, and storage of Hazardous Substances. The District shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used,handled, or stored on the Premises. Upon expiration or termination of this Agreement, the District shall remove all Hazardous Substances. 4.12 Taxes. The District agrees to pay all lawful taxes and assessments which may, during the term hereof, or any extension as provided for herein, become a lien or which may be levied by any tax levying body, upon the Premises or upon any taxable interest by the District acquired by this the lease of the Premises, or any taxable possessory right which the District may have on the Premises of facilities hereby leased by reason of its occupancy thereof, or otherwise, as well as all taxes on taxable property, real or personal, leased or owned by the District in or on said Premises. Upon any termination of tenancy, all taxes then levied, or a lien on any of said property or taxable interest therein, shall be paid in full, without proration by the District, forthwith, or as soon as a statement thereof has been issued by the tax collector, if the termination occurs during the interval between attachment of the lien and issuance of the statement. 4.13 Insurance. 4.13.1 Property Insurance. The District shall maintain, in full force and effect during the entire Term of this Agreement, a property insurance policy or policies covering loss or damage to the Premises, in the amount of the full replacement value thereof, as the same may exist from time to time and be established by the City,against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, flood(in the event the same is required by a lender having a lien on the premises),earthquake(in the event the same is required by a lender having a lien on the premises), and special extended perils ("special form" as such term is used in the insurance industry). The insurance shall provide for payment of loss thereunder to the City or to the holders of mortgages or deeds of trust on the Premises. If the County shall fail to procure and maintain such insurance coverage as required, the City may, but shall not be required to, procure and maintain the same, but at the expense of the District. 4.13.2 Liability Insurance. The District shall maintain, in full force and effect throughout the entire Term of this Agreement, a policy or policies of general liability and property damage insurance (or in the alternative, provide evidence of a properly funded and administered self-insurance program acceptable to the City,) with respect to the Premises and all activities conducted by the District upon the Premises, with a combined single limit for personal or bodily injury and property damage of not less than $2,000,000 (two million dollars) per occurrence. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified, the District shall increase the coverage to the statutory limit for such claims and increase the aggregate coverage to twice the amount of the statutory limit. The policy shall name the City and the District as insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City not less than 30 days' prior written notice. The insurance shall be provided by an insurance company or self-insured insurance trust licensed to provide such PAGE 4 OF I I-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE JACKSON COUNTY LIBRARY DISTRICT coverage in the State of Oregon (or in the alternative, through a properly funded and administered self-insurance program), and a copy of the policy or a certificate of insurance (or written evidence of such self-insurance program) shall be delivered to the City. All such coverage shall be written to provide primary coverage,not secondary or supplemental to coverage which the City may carry. All such policies shall contain a provision that the City, whether or not named as an insured, shall be entitled to recover under the policies for any loss occasioned to it, its officials, agents, employees, and representatives by reason of the negligence of the District. All such insurance shall specifically insure the performance of the District of the indemnity agreement as to liability for injury to or death of persons or injury or damage to property contained in Section 6. 4.13.3 Subrogation. The District waives its rights of subrogation against the City for any reason whatsoever, and any insurance policies required to be procedure by the District shall contain an express waiver of any right of subrogation by the insurer against the City. SECTION 5. Obligations and Responsibilities of the City 5.1 Solar Panels. The City shall be responsible for the repairs and maintenance of any solar panels that may be installed on the Premises. 5.2 Other Repairs and Maintenance. The City shall be responsible for the repairs and maintenance of any other improvements mutually identified by the District and the City as requiring extraordinary maintenance or repairs and which may be undertaken in the future to meet the City's building standards. In the event the City elects to install solar panels or undertake repairs or maintenance to meet its environmentally responsible building standards, the parties shall enter into an amendment to this Agreement containing terms and conditions for such installation or undertaking. SECTION 6. Limitations of Liability/Indemnification 6.1 Cam. The City shall defend, save, hold harmless and indemnify the District and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the negligence or intentional misconduct of the City or its officers, employees, or agents acting under this Agreement. 6.2 District. The District shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the negligence or intentional misconduct of the District or its officers, employees, contractors, or agents acting under this Agreement. 6.3 Risk of Loss. Except as provided in Subsection 6.4, the District agrees to assume all risks of loss, injury, or damages of any kind or nature whatsoever to any building or other structure on the Premises, which may be now or hereafter placed upon the Premises for library purposes, and all risks of loss, injury, or damage of any kind or nature whatsoever to the contents of any such building or structures, or to any goods, merchandise, chattels, or any other property now, or that may hereafter be, upon the Premises, whether belonging to the District or others, and whether such loss, injury, or damage results from fire or other agency or otherwise, unless caused PAGE 5 OF I I -INTERGOVERNMENTAi,AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE JACKSON COUNTY LIBRARY DISTRICT by the sole negligence of the City,or any of its employees or agents, and to save and keep harmless the City from all claim and suits growing our of any such loss, injury, or damage. 6.4 Exceptions. In exception to the terms of Subsections 6.1 and 6.3, the District does not indemnify the City or any other person or entity for any risk, loss, or liability due to the defective design or negligent construction of any building, facility, or structure on the Premises. In the event of loss or litigation arising from the defective design or construction of any building, facility, or structure, there is no agreement between the parties as to indemnity or contribution. SECTION 7. Condemnation If all of the Premises are condemned by the right of eminent domain, or if such portion of the Premises are condemned that the portion remaining is not sufficient and suitable in the District's sole judgment for continued use as a public library,then this Agreement shall cease and terminate as of the date on which the condemning authority takes possession. If this Agreement terminates as a result of the condemnation, the District shall have the right to and shall be entitled to receive directly from the condemning authority that portion of the award referred to as the "Leasehold Award." The Leasehold Award shall mean that portion of the award in condemnation proceedings that represents the fair market value of the Lessee's leasehold estate as so taken and, provided this Lease is not terminated as a result of such condemnation or taking,the consequential damages to any improvements owned by the District on the Premises. SECTION S. Appropriation for Funding Notwithstanding any other provision of this Agreement to the contrary, in the event insufficient funds are appropriated for performing this Agreement, and the District has no other lawfully available funds, the District may terminate this Agreement at the end of its current fiscal year, with no further liability or penalty to the City. The District shall deliver written notice to the City of such termination pursuant to the terms set forth in Section 9. SECTION 9. Termination 9.1 Expiration. This Agreement shall expire at the end of the Term, unless sooner terminated as provided for herein, and the District shall have no further rights, interest, or privileges hereby granted by this Agreement or otherwise claimed. 9.2 Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. 9.3 For Cause. The District may terminate or modify this Agreement, in whole or in part,effective upon delivery of written notice to the City,or at such later date as may be established by the District,under any of the following conditions: i. If District funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for the continued operation of the Ashland Branch Library; PAGE 6 OF I I-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE JACKSON COUNTY LIBRARY DISTRICT ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that this Agreement is no longer allowable or appropriate or the provision of library services is no longer eligible for the funding utilized by the District to provide library services at the Ashland Branch Library; iii. The District may also terminate this Agreement in the event the Premises becomes uninhabitable through no fault of the District and the District lacks sufficient funds to make the Premises habitable. In such an event, the District shall provide the City with 180 days' advance notice from when it deems the Premises uninhabitable. In the event of such a termination, the District shall have no further liability to the City; or iv. As provided in Section 8. 9.4. For Default or Breach. Either party may terminate this Agreement in the event of a breach of the Agreement by the other.Prior to such termination,the party seeking termination shall give to the other party thirty days' (3 0)advance written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within thirty (30) days of the date of the notice,then the Agreement may be terminated at any time thereafter by a written notice of termination by the party giving notice. In the event the breach is of such nature that it cannot be reasonably cured within 30 days, the breaching party shall have a reasonable amount of time to cure. Written notice to the parties shall be made in accordance with Section 12. The rights and remedies provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law, or in equity, or under this Agreement. 9.5. Obligation/Liability of Parties. Termination of this Agreement pursuant to Subsection 9.1, 9.2, 9.3, 9.4, or 9.5, above, shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. SECTION 10. Title to Improvements 10.1 Library Contents. All books, furniture, furnishings, and equipment previously transferred to Jackson County pursuant to the agreement dated May 22, 1970, between Jackson County and the City regarding the Ashland Public Library, have been transferred from Jackson County to the District and shall remain the property of the District. The Shakespearean Library shall remain the property of the Oregon Shakespeare Festival Association. 10.2 Title to Facilities and Improvements. All existing facilities and improvements, and all new facilities and improvements or alterations performed on the Premises shall be the property of the City when installed. 10.3 Reversion of Title. In the event the District, for any reason, should cease to operate a Countywide library system, or a library at the Premises , then, and in that event, all right, title, and interest in and to all of the books, furniture, furnishings, and equipment previously transferred to Jackson County under the 1970 agreement which have not been discarded due to obsolescence, shall revert to the City, and this Agreement shall be deemed null and void and the City shall have the right to immediate possession of the Premises. PAGE 7 OF 11-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE JACKSON COUNTY LIBRARY DISTRICT 10.4 Right to Re-Enter Premises. The District agrees to yield and peaceably deliver possession of the Premises to the City on the date of termination of this Agreement, whatsoever the reason for such termination. 10.5 Holdover. In the event the District remains in possession of the Premises after the expiration of the Term,without any written renewal thereof, such holding over shall not be deemed as a renewal or extension of this Agreement but shall create only a tenancy from month to month which may be terminated at any time by the District or the City upon 30 days' written notice. SECTION 11. Compliance with Law The District and the City shall comply with all federal, state and local laws and ordinances as applicable to this Agreement.Failure to comply with such requirements shall constitute a breach of this Agreement and shall be grounds for termination. Without limiting the generality of the foregoing, the City and the District expressly agree to comply with the following as applicable: (i) Title VI and VII of Civil Rights Act of 1964, as amended; (ii) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended; (iii) the Health Insurance Portability and Accountability Act of 1996; (iv)the Americans with Disabilities Act of 1990, as amended; (v) ORS Chapter 659A, as amended; (vi) all regulations and administrative rules established pursuant to the foregoing laws; and (vii) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. The respective performance by each party under the Agreement is conditioned upon the other party's compliance with the provisions of ORS Chapter 279A, B, and C, which are incorporated by reference herein. SECTION 12. Notice Whenever notice is required or permitted to be given under this Agreement, such notice must be given in writing by personal delivery; by sending via a reputable commercial overnight courier; or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, at the address or addresses provided below, unless some other means or method of notice is required by law. Each party will notify the other of any change of address. IF TO THE DISTRICT: Jackson County Library District Attn: Library Director 205 South Central Avenue Medford, Oregon 97501 PAGE 8 OF I I-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE JACKSON COUNTY LIBRARY DISTRICT IF TO THE CITY: City of Ashland Attn: City Administrator 20 East Main Street Ashland, Oregon 97520 With a copy to: City of Ashland Legal Department 20 East Main Street Ashland, Oregon 97520 SECTION 13. Funds Available and Authorized The District and the City have sufficient funds available and authorized for expenditure to finance the costs of this Agreement within their respective fiscal year budgets. SECTION 14. Miscellaneous 14.1 Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 14.2 Successors. This Agreement shall be binding and inure to the benefit of any successor or assign of the City and/or any successor or assign of the District. 14.3 Headings. The section and subsection headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 14.4 Attorney Fees. In any action or arbitration brought by the other party under this Agreement, the prevailing party shall be entitled to recover interest, costs, and reasonable attorney fees, as set by the court or arbitrator, or if on appeal, by the appellate court. 14.5 Force Majeure.Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents,pandemic, or other events beyond the control of the other or the other's officers, employees or agents. 14.6 Partial Invalidity. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effective and shall in no way be affected, impaired, or invalidated thereby. PAGE 9 OF I I-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE JACKSON COUNTY LIBRARY DISTRICT 14,7 Non-Waiver,The failure of either party to insist upon strict performance of any of the terms,covenants, or conditions of this Agreement-,hall not be deemed a waiver of any right or remedy that either party may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants,and conditions of this Agreement thereafter,nor a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Agreement.Any waiver,in order to be effective,miLst be signed by the party whose right or remedy is being waived. 14.8 Cnunternarls. This Agreement may be, executed in multiple counterparts, each of which shall be an original but all of which shall constitute one Instrument. 14.9 Entire AMement. This Agreement represents the entire agreement between the parties related to the lease of the Premises and shared use and maintenance of the Parking Lot, well, and waterline and shall supersede all previous corm-nunicatimis, representations, or agreements,whether. verbal or written,between the parties liereto with respect to such leasing.Any modifications, change,-,., additions, or deletions to this Agreement must be approved by the parties in writing and attached and incorporated by reference into this Agreement. IN WITNESS WHEREOF, the parties or their duly-authorized representatives have executed this Agreement with the intent that it be effective as of July 1,2020,notwithstanding the actual date of signing or delivery of this Agreement. CITY OF ASHLAND JACKSON COUNTY LIBRARY DISTRICT 1<1 fz By: B Adam,Hanks,Interim City Susan Kiefer,President Administrator Dated: Dated: Approved as to Legal Sufficiency, Approved as to Legal Sufficiency: By: By: lKatri.na L. Brown Jac el-yn Bunick,District Counsel Assistant City Attorney PAGJ-,10 OF I I CITY OFASHLAND AND THE JAcKsoN CouN'ry UBP,Aity DISTRICT ............ EXHIBIT A Commencing at the Northwest comer of Lot I of Pracht's Addition to the City of Ashland, Jackson County, Oregon, as now recorded; which point bears South 89'52'46" East (record East) 433.36 feet from the Southwest comer of D.L.C. No. 42, in Section 9, Township 39 South, Range I East of the Willamette Meridian,said point being on the Easterly right-of-way of Gresham Street; thence South 00'06'36" West(record South) along said Easterly right-of-way 148.90 feet; thence leaving said right-of-way South 56'07'36" East 21.97 feet; thence along the arc of a 3 5.10 foot radius curve to the left (the cord of which bears South 88'12'10" East, 37.28 feet) 39.30 feet; thence North 59'43'16"East,23.98 feet;thence North 33'53'24"East, 100.74 feet to the Southerly right-of-way of Siskiyou Boulevard; thence North 56'07'36" West (record North 56'15' West) along said Southerly right-of-way 119.36 feet;thence North 89'52'46"West 33.00 feet to the point of beginning, containing 14,989.86 square feet, more or less. PAGE I I OF I I -INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE JACKSON COUNTY LIBRARY DISTRICT