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Home My WebLink About2000-052 IGA - Library Services INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND THIS AGREEMENT is entered into this /"~ay of ~ Jackson County ("County") and the City of Ashland ("Ashland"):'~'7 , by WHEREAS, A. County intends to pass a bond measure in the May 2000 primary election for capital construction and improvements of the entire county library system, including the Ashland Branch Library. The Ashland Branch library is located on the following described property which is further referred to in this agreement as "the premises": All of lots 1,2, 3 and 4 of Pracht's Addition to the City of Ashland, Jackson County, Oregon. B. Ashland passed a bond measure in the amount of $5.96 million in November, 1999 for capital construction and improvements to the Ashland Branch of the Jackson County Library system ("Ashland Branch"), of which $5.85 million would be allocated to construction costs; and C. The parties wish to avoid unnecessary expense and duplication and to coordinate the expenditure of public funds on the Ashland Branch such that if the countywide measure passes, it will eliminate the need for sale of the Ashland bonds, THEREFORE, the parties, in consideration of the mutual promises, terms and conditions provided below, agree to the following: 1. If the bond election is held on May 16, 2000, Ashland will delay sale of the bonds authorized in the November 1999 election until the result of the May 2000 election is known. 2. If the countywide bond measure passes on May 16, 2000, Ashland will not sell its previously authorized bonds and County will provide a grant to Ashland in the amount of $5.85 million for purposes authorized in the County's bond measure. Those purposes are capital construction and improvements associated with the expansion and renovation of Ashland's city-owned library building, including furniture and equipment (the "Library Project"). 3. The County will provide the grant funds to Ashland by September 17, 2000, or within 30 days of the County bond sale, whichever date is sooner. The grant funds will be provided upon the terms and conditions specified in this agreement, there being no further requirement that the parties enter into a separate grant agreement. Ashland covenants to use those funds in accordance with the County ballot title. Ashland may invest the funds and keep the earnings, so long as such investment is pursuant to County investment policy and County's tax certificate. 1- Library Intergovernmental Agreement F:\USER\PAUL%AGREE\Library IGA council 1st draft 127.wpd 4. If the countywide library bond measure does not pass, this agreement is void in its entirety. 5. Ashland shall construct and complete the Library Project. Ashland shall consult with the Library Improvement Committee and the County Library Director and County Facility Director as to design elements of the Library Project which may affect County's costs in the operation and maintenance of the library. Ashland will adopt and utilize their recommendations that address operation and maintenance to the extent such recommendations are practicable, within the Library Project budget and do not otherwise increase costs so as to exceed the amount of grant funds. In any event, for purposes of compatibility only, County has final decision on design and purchase of telecommunications, wiring, equipment, and all computer hardware and software issues. 6. If the amount of the grant is exceeded for the construction and completion of the Library Project, Ashland shall be responsible for any such excess costs. 6.1. If the Library Project is constructed and completed for less than the grant amount, any remaining principal amounts shall be paid over to the County immediately upon substantial completion. County will use these funds in its discretion for other purposes authorized by the bond election. 6.2. The County shall be responsible for all bond issuance costs. 7. Ashland will own the real property improvements and fixtures. County will own furniture and equipment constructed or purchased for the Library Project. County will manage those assets and is free to maintain, repair or replace furniture and equipment in its sole discretion. 7.1. Upon substantial completion of the Library Project, the agreement dated May 22, 1970, between the County and Ashland regarding the Ashland Public Library (the "1970 agreement") shall terminate and the parties shall enter into a new intergovernmental agreement regarding their roles and responsibilities. Until such time as the new intergovernmental agreement is consummated, the terms and conditions of this intergovernmental agreement shall control. 7.2. County will maintain and operate a free public library for the benefit of, and uniformly available on the same terms to all members of the public in Jackson County and to use for these purposes the property and property interests furnished by Ashland. All books, furniture, furnishings and equipment previously transferred to the County pursuant to the 1970 agreement shall remain the property of the County, and the transferred Shakespearean Library shall remain the property of the Oregon Shakespeare Festival Association. 7.3. County will decide on level of service and budget allocations, in its total discretion. 7.4.1n the event the County, for any reason, should cease to operate a County- wide library system, or a library at this location, then, and in that event: 7.4.1. All the right, title, and interest in and to all of the books, furniture, Library Intergovernmental Agreement F:%USER\PAUL%AGREE\Library IGA council 1st draft 127.wpd furnishings and equipment previously transferred to the County under the 1970 agreement and which has not been discarded due to obsolescence, shall revert to Ashland. 7.4.2. This agreement shall be null and void and Ashland shall have the right to immediate possession of the premises. 7.5. Both parties agree and promise that the Ashland Branch library and the land it will occupy, including the existing building and land, will be used only for public library purposes for as long as indebtedness remains outstanding on any bonds sold pursuant to the countywide bond election for library capital improvements. Neither party shall allow any use of the premises for any private purpose, nor take any other action which compromises the tax-exempt status of those bonds; this promise shall be enforceable by injunctive, declaratory or other relief. In any event, if either party breaches this specific promise, it shall indemnify the other party and all bondholders from any resulting tax or financial impact. 7.6. Except as provided in this subsection, upon substantial completion of the project, Ashland shall be under no obligation to make or perform any repairs, maintenance, replacements, alterations, or improvements on the premises. County, at its expense, shaft keep the premises in good repair, operating condition, working order, and appearance, including, without limitation: 7.6.1. Repairs and maintenance of the roof and gutters, exterior walls (including painting), bearing walls, structural members, floor slabs, and foundation. 7.6.2. Repair and maintenance of exterior water, sewage, gas, and electrical services from the point of entry to the premises. 7.6.3. Repair of the heating and air conditioning system including ordinary maintenance. 7.6.4. Repair of interior walls, ceilings, doors, windows, and related hardware, light fixtures, switches, and wiring and plumbing. Notwithstanding the above-listed obligations of County in this subsection, Ashland shall be responsible (a) for the repairs and maintenance of any installed solar panels, (b) for the repairs and maintenance of any other improvements mutually identified by the County and Ashland as requiring extraordinary maintenance or repairs and which were installed to meet Ashland's environmentally responsible building standards, and (c) to maintain in good, safe and presentable condition that part of the premises comprising the grounds and approaches to the library, including sidewalks, driveways, curbs and parking areas located on the premises. 8. This agreement is made upon the express condition that, except as set forth below, Ashland shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury or injuries to any person or persons or property of any kind whatsoever, whether the person or property of County, its agents or employees, or third persons, from any cause or causes whatsoever while in or upon the premises or any part thereof during the term of this agreement or occasioned by any occupancy or use of the premises or any activity carried on by County in connection therewith, and County hereby covenants and agrees to indemnify and save harmless Ashland from all liabilities, charges, expenses (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. 3- Library Intergovernmental Agreement F:\USER\PAUL~AGREE%LibraP/IGA coundl 1 st draft 127.wpd pdM'Z~L l~eJp lSL Ipunog Vgl/dejqR~]3~gV%lNVd%~l]grl~:~ lugLueejl~V lejUeLUUjeAO~JglUI Llejq!-J -~ XauJollV :IAJIHO_-I Ol SV G~]M31A3~I elSE ,,k,LNRO~OS~'OVF 'C]NV'IHgV -t0 A/IC) · guo g6ed uo pguoBuacu isJ!J a~,ep a41 uo Bu!uu!Bgq sjeaX 0g s! luawgaJ6e s!41 ,~o LuJal e41 '!, ~ 'uo!lnqpluoa Jo Xl!uwapu! o1 se se!lJed 841 ueaMleq $ueweejl~e ou s! eJe41 '!Su!pl!nq a41 ~o uoBgnJlsuoa Jo uB!sap eqi LuoJ] 8u!s!je uo!leg!$!l Jo ssoI Jo ),UgAg gqi Ul '6u!Pl!nq gql ,~o uo!lsnJlsuoo iuel]!l!Beu Jo u6!sep eA!loe~gp ol enp/g!l!qe!l Jo ssol 'Hs!J/~ue LUOJJ/~I!),Ug JO uosjed Jgq),o Jo puelqsV X,l!uuJepu! lou seop XlunoC) '6 pug e sqdgj6ejed ]o sLuJel eql e),!dsaa '0 ~- 'gBewep Jo Xjn[u! 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Jo uosggj Xq Jo Jo] sJ!ns Jo/pue sa6eLUep JoJ SLU!ep pug sa!l!l!qe!l lie udoj] ggJ~ gq Ileqs XlunoC) 'sou~t Bo:OIAI3 lums.tssV Ie~o'/ suoqdo~,S 'd ouoIzeqS :ullV 0i5~L6 ~O 'PueIqsV u.mlN lsei[ 0E ,(~tuollV -~I!D oq~, jo a~JjO pu~[qsV jo ~(1.tD O00Z 'Z q3j'elA{ X~uo~V le~ouoH Ullqal]_ 1/O~i) JOf AINflOD NOS>IDV JACKSON COUNTY Oregon Vol __ Board Letter No. 7476 Agenda: February 29, 2000 Honorable Members of the Board of Commissioners Re: Intergovernmental Agreement Between Jackson County and the City of Ashland regarding the Ashland Library Project Dear Commissioners: As an item for the agenda for the Board meeting of February 29, 2000, attached is an order authorizing the County Administrator to execute an intergovernmental agreement between Jackson County and the city of Ashland regarding the Ashland library project. The agreement has been approved as to form by County Counsel and is on file in the County Administrator's office. In November of 1999, Ashland passed a $5.96 million bond measure for capital construction and improvements to the Ashland Branch Library, with $5.85 million allocated for construction costs. Jackson County intends to pass a bond measure in the May 2000 primary election for capital construction and improvements of the entire county library system, including the Ashland Branch Library. If the May 2000 library bond measure passes, Ashland will not sell its previously authorized bonds, and the county will provide a grant to Ashland in the amount of $5.85 million for the Ashland library project, coordinating the expenditure of public funds. The agreement details the intent of both parties. The Library Director recommends approval of the attached order. The County Administrator concurs with the recommendation of the Library Director, Should the Board of Commissioners concur with their recommendation, approval of the attached order will implement that action. Respectfully submitted, u a E. Slack S n County Administrator Jackson County's missiou is to provide public services that protect and enhance the quality of life in tile county, as determined by the people, laws, and available resources. ~uo!s . ~oD )1 'ON H~(IHO ( iOitfO~Id Xh'W'd~I'I GNVqHSV itH& 9NI(]h'WOi37d ( CINV'IHSV dO XilD itHi GNV X3LNFIOD NOS'ADVf ( NZ~[fiA&it~t &N~INfiD:IgV 'IV&N~tBLkDtZAOgH!tJ. NI ( NV ~&FlOitXit O& HO&V~I&SINIIAKIV A&N_qOD ( itHi 9NIZIHOH3LFIV dO Hit&LVIN B[H& NI NOS'ADVf dO ,,kiNBO0 'NOORr'dO dO itLVLS SHaNOISSINNOD X&NBOD LIO (]~W'Off HH/L i]TdOdgH gd IoA