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Home My WebLink About2026-061 IGA Ashland School District - Athletic Fields FACILITIES USE INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is entered into by and between the City of Ashland and Jackson County School District No. 5, (School District), 885 Siskiyou Boulevard, Ashland OR 97520. WITNESSETH: WHEREAS, City of Ashland has athletic facilities that they wish to make available for use; and, WHEREAS, the School District desires to use the City of Ashland athletic facilities for District-sponsored athletic events and programs; and, WHEREAS, City of Ashland funds were/are used to develop and maintain the facilities for the use of the School District; and, WHEREAS, City of Ashland and the School District desire to enter into an agreement for the reimbursement of City of Ashland funds used to develop and maintain for the facilities for the School District's use; and, WHEREAS, City of Ashland and the School District have authority to enter into this Agreement pursuant to the provisions of ORS Chapter 190. AGREEMENT: The Recitals set forth above are hereby incorporated by reference as if fully set forth herein. 11Page NOW, THEREFORE, the parties hereto agree as follows: The School District agrees to lease from the City of Ashland the following fields and facilities for the following sports: North Mountain Park Ball Fields Varsity Baseball (VB) Varsity Softball (VS) North Mountain Park Structures VB Concessions and storage VB Dugouts Indoor Batting Cage Building VSB Concessions and storage VSB Dugouts Hunter Park Tennis Courts Tennis Teams Oak Knoll Golf Course Golf Teams Scheduling. The School District will have first priority for scheduling the above sports that are school-sponsored extracurricular activities at the above listed fields and facilities. Use by the School District is subject to the requirements of the Oregon School Activities Association (OSAA).The School District reserves the right to reschedule its activities, with the approval of City of Ashland, if there are changes in instructional or OSAA requirements. Approval of Schedule and Season. By January 31st of each calendar year, School District will provide City of Ashland with a calendar of requested dates of use, identifying with specificity which fields will be used and the extent of the proposed OSAA seasons for each sport respectively. The School District will have first right of use for the approved dates within the traditional OSAA training and playing seasons, including playoffs, for each sport respectively for NMP softball, and baseball fields, as well as Hunter Park tennis courts. Requests for use of fields in the off seasons will be per standard guidelines for general field usage. City of Ashland will either approve the proposed calendar or notify School District of any objections, in which case the parties will negotiate in good faith until a mutually acceptable resolution is reached. Scheduling Vacancies, Times reserved for the School District but not used by the School District will be made available. School District will notify City of Ashland as soon as vacancies are known. Site Supervision and Clean u6.The School District is responsible for the supervision of its events and routine clean up. Upon cessation of use each day, School District will 2 1 P a g e leave the fields clear of trash, equipment or other debris. Building interiors will be maintained and free of garbage, food or other refuse. In the case of a violation of this section of the agreement, the School District will be responsible for any additional fees for cleanup, pest control or repair of damage from use. Security During Events. Security during the events will be the responsibility of the School District. Concessions and Ticket Revenue. Concession and ticket revenue generated by District-sponsored events shall be retained by the School District. Oak Knoll Golf Course (OKGC),The School District agrees to pay a base price of $700 for the Season (March through May, Monday through Friday 3pm-6pm use for practice only). On-site tournaments are not included in this price and must be scheduled separately with the OKGC Supervisor. Base Compensation. Beginning July 1, the School District will pay the City of Ashland the sum of$51,700 per year with an escalator of 3% per year. The first payment will be and is due by August 1, 2026. This compensation includes all charges for all activities and use of fields and buildings, regardless of day or evening use.This charge does not include major improvements, nor does it cover extraordinary maintenance costs as a result of neglect or damage. The 3% escalator will be assessed on August 1, 2027 and in subsequent years thereafter. Late Payment. If any payment required herein is received by City of Ashland more than forty-five(45) days after it is due, then the School District will owe and pay a late charge in the sum of$2,500.00. In the event of such nonpayment, the School District promises to pay all reasonable costs of collection, including reasonable attorneys'fees, even though suit or action is not filed, and if suit or action is filed, Borrower promises to pay in addition to costs and disbursements provided by statute, such additional sum as the court may adjudge reasonable as attorneys' fees, both in the trial court and on any appeal. Normal Maintenance: Utilities. City of Ashland shall be responsible, at its sole cost, for maintaining the fields and facilities described herein for the School District's use as provided in this Agreement, as well as for the costs of all utilities, including but not limited to water, electricity for lighting and other needs, reasonably incurred in connection with the District's use, it being agreed that the cost for such maintenance and utilities is included in the base compensation to be paid by the School District. The level of maintenance shall be not less than the same level as historically provided by City of Ashland to maintain the fields and facilities for the School District's current usage. 3 1 P a g e Major Maintenance and Improvements. Prior to the commencement of this Agreement, and annually thereafter, the School District and City of Ashland shall inspect the grounds and buildings for major maintenance items, and a report shall be generated for any improvements with a value of more than FIVE-HUNDRED DOLLARS ($500.00). Financial responsibility for major improvements and/or extraordinary maintenance will be shared between the parties and percentages of financial responsibility, and, projected timelines for improvements, will be determined jointly by City of Ashland and the School District. Both parties further agree as follows: 1. Each party is responsible, to the extent required by the Oregon Tort Claims Act (ORS 30.260 through 30.300), only for the acts, omissions, or negligence of its own officers, employees or agents. 2. Each party shall maintain at its own expense and keep in effect during the term of this Agreement comprehensive general liability insurance or self-insurance including contractual liability, with minimum limits that are not less than the limits stated in ORS 30.270. "The City of Ashland" shall be included as additional insured on the School District's policy, and the School District shall be included as additional insured on City of Ashland's policy. 3. Prior to the commencement of this Agreement, and annually thereafter, each party shall provide to the other certificates of insurance or other evidence of the insurance coverage required by this Agreement. 4. To the extent permitted by the Oregon Tort Claims Act, each party (the Indemnifying Party) shall be responsible for an shall indemnify, defend and hold the other (the Indemnified Party) free and harmless from any and all costs, claims, losses, expenses (including but not limited to attorneys' fees), actions or causes of action, and liability of any nature including, without limitation, liability for any damages to property (whether real or personal) and injury (up to and including death) to persons, suffered by the Indemnified Party directly or from a third-party claim arising out of or relating to the actions of the Indemnifying Party under this Agreement. Term of Agreement. The term of this Agreement shall be three (3)years beginning July 1, 2026. Agreement will renew annually, unless this Agreement is terminated as set forth in the termination section of this Agreement. Escalation of Base Compensation. Notwithstanding the aforementioned, a mutually agreed upon adjustment in Base Compensation may be negotiated by either party based on increases or decreases in services or property being used by the School District. 4 1 P a g e Termination. This Agreement may be terminated at any time by mutual consent of both parties, or by either party, upon ninety (90) days' notice in writing to the other party. This Agreement may also be terminated by either party if the other party fails to comply with the provisions of this Agreement and, after receipt of written notice, fails to correct such failures within thirty (30) days. Entire Agreement. This Agreement constitutes the entire agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by all parties. Such waiver, consent, modification, or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements or representations, oral or written, not specified herein regarding this Agreement. The parties hereto, by the signature below of their authorized representatives, hereby acknowledge that each has read this Agreement, understands it, and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate representatives. JACKSON COU TY SCHOOL DISTRICT NO. 5 1/"/Z&z Ashlan chool District Superintendent Date CITY OF ASHLAND-ASHLAND PARKS & RECREATION ��?6(]A Al �,h / (o Ashland Parks & Recreation Interim Director Date 51Page