HomeMy WebLinkAbout2015-117 IGA AMND #2 - Jackson County - Ashland Library
AMENDMENT NO. 2
TO INTERGOVERNMENTAL AGREEMENT
DATED DECEMBER 3, 2002
CONCERNING LEASE AND OPERATION OF ASHLAND BRANCH
LIBRARY
This is Amendment No. 2 to an Intergovernmental Agreement dated December 3, 2002
("Revised Lease IGA") by and between JACKSON COUNTY, OREGON ("County") and CITY
OF ASHLAND, OREGON ("City)".
RECITALS
A. In accordance with and pursuant to the provisions of ORS Chapter 190, Entitled
"INTERGOVERNMENTAL COOPERATION", the County and the City are authorized to enter
into a written agreement with any other unit of local government for the performance of any or
all functions or activities that a party to the agreement has authority to perform.
B. The County entered into a May 22, 1970 lease with the City (`1970 Lease") for a term of
fifty (50) years at $1.00 per year in order to allow the County to operate the Ashland Branch
Library in a City-owned building. The 1970 Lease was amended in October 1977 to correct the
legal description of the leasehold.
C. The City passed a bond measure in the amount of $5.96 million in November, 1999 for
capital construction and improvements to the Ashland Branch Library (`Ashland Library
Project").
D. The County and the City entered into a February 1, 2000 Intergovernmental Agreement
('2000 IGA for Library Improvements Funding") pursuant to which it was agreed that upon
voter passage of a May 2000 County bond measure for countywide library improvements (1) the
County would transfer to the City a sum of money from the County bond proceeds sufficient to
construct the Ashland Library Project, eliminating the need for Ashland to issue its own bonds;
(2) the 1970 Lease would be terminated upon substantial completion of the Ashland Library
Project and subsequently replaced by a new intergovernmental agreement; (3) the terms and
conditions of the 2000 IGA for Library Improvements Funding would control until
consummation of a new intergovernmental agreement.
E. The County passed a bond measure in the May 2000 primary election for capital construction
and improvements of the County library system, including the Ashland Branch Library;
F. The Ashland Library Project was completed in 2002;
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G. The County and the City entered into a December 3, 2002 Intergovernmental Agreement
(`2002 Revised Lease IGA"), which replaced the lapsed 1970 Lease and the temporary terms
and conditions in the 2000 IGA for Library Improvements Funding. In January 2003,
Amendment No. 1 to the 2002 Revised Lease IGA changed its commencement date from
December 3, 2002 to February 18, 2003.
H. The County and the City entered into a November 1, 2007 Intergovernmental Agreement for
Library Services, which (1) provided for supplemental library services at the Ashland Library
branch; (2) set an expiration date of June 30, 2009, with an option for a 12 month extension; and
(3) erroneously purported to extend the provisions of the 2000 IGA for Library Improvements
Funding, which had lapsed pursuant to its terms upon completion of the Ashland Library Project.
Subsequent Amendments Nos. 2 and 3 to the 2007 Intergovernmental Agreement for Library
Services changed the expiration date to September 30, 2014 and provided for additional hours of
full library services and outreach activities.
1. In May of 2014, the voters of Jackson County approved the formation of the Jackson County
Library District (`District") as a special district under Chapters 198 and 357 to provide
permanent, dedicated library funding for library services and self-governance.
J. The County desires to sublease the Ashland Branch Library to the District in order to allow
the District to provide public library services in the Ashland Branch Library, and the City desires
to allow the County to sublease the Ashland Branch Library to the District for the same purpose.
THEREFORE, in consideration of the mutual promises, terms and conditions below, the
parties agree as follows:
AGREEMENT
1. The December 2002 Revised Lease IGA is hereby amended as follows:
(a) After article 2 (Recital), add a new article entitled "2A Lease; Lease Rate" and the
following language thereunder:
In consideration of the County's promises, the City agrees to lease to the
County for one dollar ($1.00) per year the following described property:
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 89°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
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 35.10 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
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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
(b) On page 2, after the first sentence of subsection 1 in article 3, section A (County's
responsibilities), add the following:
The County may enter into an intergovernmental agreement or other contract
to lease the Ashland Branch Library to the Jackson County Library District
("District"), a library district organized under Chapters 198 and 257, for the
purposes of public library at a lease rate of no more than one dollar ($1.00) per
year, in addition to the County's costs in maintaining, insuring, and repairing
the Ashland Branch Library.
(c) In article 5, on page 5, delete this sentence, "The term of this agreement is 50 years
beginning on the date first mentioned on page 1" and replace it with the following:
The term of this agreement ends on the earlier of July 30, 2020 or on the date
any building existing on the premises as of the effective date of this
Amendment No. 2 is used by the County or its sublessee for any purpose other
than to operate a free public library.
2. Except as expressly modified by this Amendment No. 2, and all prior Amendments, if any, all
terms and conditions of the 2002 Revised Lease IGA remain in full force and effect.
3. This Amendment is effective the date on which this Amendment is fully executed by the
parties and fully approved as required by applicable statutes and rules.
CITY OF ASHLAND JACKSON COUNTY
By: ~S By,
i to --Danny Jordan Date
Title:j County Administrator
REVIEW AS TO FO REVIEWED AS TO FORM:
City Attorney County Counsel
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