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HomeMy WebLinkAbout1970-013 Lease Agrmt & AMND - Jackson County o - 1ELEt NOME UL/ ]11'[211 JACK-SON COUNTY COURT SON COG [ul ,ON IN.I O CE •1.11, SEATING. CG~N ISf 1sN0 n LGOYISOU[S 1 fI Nun F. nano, n.. GREGO~ JACKSON COUNTY COURT HOUSE MEDFORD, OREGON 97501 May 29, 1970 Mr. W. E. Bartelt City Recorder City of Ashland City Hall Ashland, Oregon 97520 Dear Mr. Bartelt: We are pleased to enclose your copy of the agreement between the City of Ashland and Jackson County, which provides for the consolidation of your library into the Jackson County Public Library System. We appreciate the interest shown by the people of Ashland in working toward this consolidation. Sincerely yours,/ Henry/F• Padgh Jr. e r Jackson County Commis i ne HFP,Jr:mm Enclosure rrrL-;va1A Rotten Living Fox Everyone In JackAonCounty" AGREEMENT TH.TS AGRN1.i1. ENT, made this 2? nil day of May, 1970, between JACKSON C01.NTY, a political subdivision of the State. of Orugon, hcr.r.:i.nyfter called the "County," and the CITY OF ASHLAND, an Orcoon municipal corporation, hereinafter called the "City," is made under the authority of. ORS Chapter 357. 1. In consideration of the County's promises herein- after contained, the City agrees: a. To lease to the County for $1:00 per year the following described real property: The Southeasterly 35 feet of Lot Z, and all of Lot 3 and all of Lot 4 of the PRACNT'S ADDITION to the City of'Ashland, Jackson County, Oregon. for a.term of fifty (50) years, or for so long as the said structure is used by the County for public free library purposes and no,part thereof for any other purpose. b. To transfer to the. County all the right, title and interest of the City in and to all books, furniture, furnishings and equipment situated within the said building, and all books and vehicles, wherever situated, presently hold and used for, or as part of, the public free library. It is understood that the "Shakespearean Library" is 'not owned by the City of Ashland, but is owned by the Oregon Shakespearean i Festival Association and designated as such, and this collection is not included in this transfer, but shall remain the property of the Oregon Shakespearean Festival Association. c. To maintain in good, safe and presentable condition that part of the above described property .comprising; the ;rounds and approaches to the library. 2. _The County p roes that it shall, from and after the effective date hereof, maintain and operate a free public library for the bpanA t of., and uniformly availnblb on the same term, to all members of the public in Jackson County, Oregon, and to use for said purpose the pr.oporty and property interests hereby furnished by the City; that the County shall continuo to employ the persons presently employed by the City in the operation of the, said library, if, and for so long as, such employees; continue to render, in the County's judgment, competent and satisfactory service in their positions as such, and shall participate in the. Public Employees' Retirement System as to those library employees who, as of the date of this contract are., and elect to continue to he, members of the Public Employees' Retirement System, but in all other respects the terms of such employment shall be based entirely upon such systems, programs, rates and standards as the County may prescribe. 3. The parties agree that, as far.as practicable, the cost of the operation of the library shall he borne uniformly by all residents of the County and neither party shall seek to impose any charm or tax for library purposes upon any part of the County unless the tax or charge is applicable uniformly and on the same terms throughout the County. 4. The parties agree and it is understood that in the event the County, for any reason, should cease to operate a County- wide library system as provided herein, then, and in that event, all the right, title and intorest.in and to all of the books, furniture,'furnishings and equipment which was transferred to the -2- County under this agreement and has not been discarded due to obsolescence, shall revert to the City of Ashland. 5. This agreement is made upon the express, condition that the Lessor shall,bc~ .fr e.frgm o1i, '11abl.litic?; o rl ci ,ma for damages' arid /or.sui-:; for or by reason of any injury or injuries to any I3ersiari ter persons or property of 40 ny kind wh3'tsaever, whether the person or property of Lessee, its agents or employees, or third persons, f=rom any cause or causes whatsoever while in or upon said premises or any part thereof during the term of this agreement or occasioned by any occupancy or use of said premises or any activity carried on by Lessee, 'in connection therewith, and Lessee hereby covenants and ogrefs 'to indemnify and save f armless the Lessor from all liabilities, charge:, e.penscs (including counsel fees) and costs on account of or by reason of any such injuries, liabilities, claims, suits or losses however. occurring or- damages growing out of same. 0. Lessee agrees to assume all risks of loss, injury or damages of any kind or nature whatsoever to any building or othor struc- ture. belonging to said lessee, which may be now or hereafter plarced upon said ]eased premises, 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, men-chandise, chattels, or any other property now or that may hereafter be upon said leased premiscs,.whether belonging to the lessee or others, and whether such loss,-injury, or- damage results from fire or other agency, and wllether .he same be caused by the negligence of the lessor, or any of its employees or agents, or otherwise, :end to save and keep harmloss zho lessor from -3- all claims and suits groying.out of any,such toss, injury or damage. 7. This agrcemrnt .hail become effective June 30, 1970. DATEIT this.200 clay ofmay, 1970. CITY Of.ASH AND rc MAYOR / ATTrST: CITY RECORD-ER COUNTY OF-14PKSON a -4- M AMENDMENT OF LEASE WHEREAS, an agreement was executed on 22 May 1970, between the City of Ashland as Lessor and Jackson County as Lessee, by which it was, intended that the City would lease to the County on the terms stated in the agreement all of the real property owned by the City of Ashland and used at the time of execution of the agreement for public library purposes; and WHEREAS, it has recently been determined that the legal description contained in that agreement is erroneous and does not describe all of the property used by the City for the stated purposes on May 22, 1970; and WHEREAS, a corrected description of the property has been prepared; IT IS AGREED that the legal description appearing in para- graph l.a. of the agreement of 22 May 1970, be deleted and the following substituted therefor: Commencing at the Northwest corner of Lot 1 of'Pracht's Addition to the City of Ashland, Jackson County, Oregon, as now recorded; which point bears South 890 52' 46" East (record East) 433.36 feet from the Southwest corner of .D.L.C. No. 42, in Section 9, Township 39 South, Range 1 East of the Willamette Meridian, said point being on the Easterly right-of-way of Gresham Street; thence South 000 06' 36" West (record South) along said Easterly right-of-way 148.90 feet; thence leaving said right-of- way South 560 07' 36" East 21.97 feet; thence along the arc•of a 35.10 foot radius curve to the left(the cord of which bears South 880 12' 10" East, 37.28 feet) 39.30 feet; thence North 59° 43' 16" East, 23.98 feet; thence North 330`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. IT IS FURTHER AGREED that the agreement of 22 May 1970 is in all other respects affirmed. DATED this day of 1977. CITY OP ASHLAND / ' Cit RecordeMayor AMENDMENT OF LEASE -1- 77 JACKSON COUNTY By: Its Board of County commissioners c ~uian C Co ne Commissioner A ~i Sl r. n -s .y t~ 'n t, r r f ~i. `f -a. r,- AMENDMENT OF LEASE -2