HomeMy WebLinkAboutIGA Jackson County Library District - review 2050 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTRAL
POINT AND THE JACKSON COUNTY LIBRARY DISTRICT
THIS INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTRAL
POINT AND THE JACKSON COUNTY LIBRARY DISTRICT (the "Agreement"), is entered
into by and between the CITY OF CENTRAL POINT (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, from June 2014 through June 30, 2020, the District has operated the Central
Point Branch library out of the first floor of the library building on the real property identified as
assessor's map No. 372W 11 BB, TL 800 and 801 (the "Premises") 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 Central Point for Operation Maintenance and Insurance for Library Building and Surroundings,
entered into on August 17, 2005, as amended (the "IGA Between Jackson County and Central
Point") ;
WHEREAS, in connection with the termination of the Jackson County IGA and the
termination of the IGA Between Jackson County and Central Point on June 30, 2020, Jackson
County will transfer all of its right, title, and interest in the Premises to the City;
WHEREAS, effective July 1, 2020, the City shall be the sole owner of the Premises.
WHEREAS, the City desires for the District to continue providing library services from
the first floor of the library building on the Premises;
WHEREAS, the District desires to continue providing library services from the first floor
of the library building on the Premises;
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;
WHEREAS, the parties desire to enter into an intergovernmental agreement pursuant to
ORS Chapter 190 for the continued use of the first floor of the library building on 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;
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
PAGE 1 OF 11-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTRAL POINT AND THE JACKSON
COUNTY LIBRARY DISTRICT
functions and activities that are vested by law in each party to the 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:
AGREEMENT
Section 1 —Leased Premises
1.1 Agreement to Lease and Description.The City leases to the District and the District
leases from the City the first floor of the Library Building located on the Premises(the"Library"),
together with all improvements thereon which are owned by the City (collectively,
"Improvements").
Section 2 —Term
1.1 Initial Term. This Agreement shall be binding upon the parties as of the Effective
Date. The term of this Agreement ("Term") shall commence on the Effective Date and shall
continue, unless the Agreement is sooner terminated, until June 30, 2050 (the "Expiration Date").
1.2 Renewal Term(s). The District shall maintain the option to extend the Term of this
Agreement for 3 additional periods of 5 years each(each a"Renewal Term")by delivering to City,
no later than 3 months, and no earlier than 6 months before expiration of the Term, written notice
to the City of the District's election to extend the Term. If the District exercises such option in
accordance with this Section 2.2,this Agreement shall continue on the same terms during any such
Renewal Term.
Section 3—Rent
The District shall pay as rent for the leased Premises throughout the Term the sum of
One Dollar($1.00)per year. It is expressly agreed that the rent payable by the District as a public
body has been established to reflect the savings below market rent resulting from the exemption
from taxation.Any condemnation or default rental valuation shall presume payment by the District
of a fair market rental for the leased Premises.
Section 4—Obligations and Responsibilities of the District
4.1 Maintenance and Repair of Interior of Library. The District, at its expense, shall
keep the interior of the Library in good repair,operating condition,working order,and appearance,
including,without limitation: (i) Repair and maintenance of its separately-metered water, sewage,
gas, and electrical services from the point of entry to the Library; (ii) Repair of its separately-
metered heating and air condition system, including ordinary maintenance; (iii) Repair of interior
walls, floors, ceilings, doors, windows, and related hardware, light fixtures, switches, and wiring
and plumbing;(iv)Windows in the Library; (v) Signs pertaining to the Library; (vi) Library's own
security system; (vii) Library's own janitorial services; (viii) Library's own facility maintenance
staff.
PAGE 2 OF 11-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTRAL POINT AND THE JACKSON
COUNTY LIBRARY DISTRICT
4.2 Utilities and Services. The District shall be liable for, and shall pay or cause to be
paid,before any delinquency,through the Term,all charges for all utility services furnished to the
Library including but not limited to light, heat, A/C, electricity, gas, water, telephone and
telecommunication service,sewage service, garbage disposal,hazardous waste disposal,and other
public or private utilities of every kind furnished to the Library.
4.3 Permitted Activities. The District's use of the leased Premises shall be limited to
operating 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 is to use for these purposes the Premises and
property interests furnished by the City.As used herein,the phrase"operating a free public library"
includes all activities generally associated with a public library, both as of the Effective Date as
well as at all times during the Term, and includes but is not limited to the storage, collection,
display,circulation and care of books,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 organizations to use the library facilities (e.g.,
meeting room use) and may require the payment of rent and/or fees for such use in order to cover
additional costs of maintenance and personnel to monitor building use. The District agrees not 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 Ashland Branch
Library.
4.5 Signs. The District shall not erect, install, nor permit upon the Library any sign or
other advertising device without first having obtained the written consent of the City.
4.6 Alterations. The District may make alterations to the Library and surrounds to
ensure patron safety and convenience for facilitating efficient library operations. The District shall
make no improvements or alterations on the Library nor modify, alter, or remove any permanent
capital improvements lying within the Library without prior written approval of the City, which
shall not be unreasonably withheld. Any such alterations shall be at the District's sole expense,
unless agreed otherwise,and shall be made in a good and workmanlike manner,and in compliance
with applicable laws and building codes.
4.7 Ownership and Removal of Alterations. All existing improvements and all
improvements and alterations performed on the Library that become permanent and cannot be
removed without causing substantial damage to the Library shall be the property of the City when
installed.
4.8 Restrictions on Use. The District's activities on, or use or possession of, the
Premises, must 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.
PAGE 3 OF 11-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTRAL POINT AND THE JACKSON
COUNTY LIBRARY DISTRICT
4.9 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 Library.
4.10 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.
Section 5—Obligations and Responsibilities of the City
5.1 Use of Parking Lot. The City shall permit users of the Central Point Branch Library
to use any portion of the 14-space parking lot, located to the west of the Library Building, for
library business during regular library hours. The City shall not charge library users a fee for the
use of said parking lot.
5.1.1 Additional Parking Needs. Should the City and/or the District determine at any
time during the term of this Agreement that existing parking is insufficient to serve the needs of
City and/or District, the parties shall meet and negotiate in good faith the need for additional
parking, and the pro rata share of costs to be contributed by each party to such additional parking.
5.2 Alterations to Premises. The City may make alterations to the Premises, Library
Building, and areas of joint responsibility, (as defined in Section 6.1, below), to ensure patron
safety and convenience for facilitating efficient municipal operations. The City shall make no
alterations to the Library Building or to the areas of joint responsibility without first obtaining the
written consent of the District, which shall not be unreasonably withheld. Any such alterations
shall be at the City's sole expense, unless agreed otherwise, and shall be made in a good and
workmanlike manner, and in compliance with applicable laws and building codes.
5.3 Records. The City shall be the repository for any records relating this this
Agreement.
5.4 Provision of Maintenance, Repair. Operations. The City shall be responsible for
contracting and paying for services and materials needed to repair,maintain, and operate the areas
of joint responsibility, as defined in Section 6,below.
Section 6—Joint Obligations
6.1 —Definitions.
6.1.1 Areas of Joint Responsibility. As used herein "areas of joint responsibility" shall
mean: (i) the exterior of both stories of the Library Building, including structural support, roof,
foundation, columns, girders, beams, bearing walls, ducts, mechanical shafts and standpipes, but
excepting exterior windows; (ii) the parking lot located to the west of the Library Building,
containing 14 spaces; (iii) the Entry Plaza; (iv) the curtilage surrounding the Library Building,
PAGE 4 OF 11-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTRAL POINT AND THE JACKSON
COUNTY LIBRARY DISTRICT
including the landscaping; (vi) the Library Building's common door fronts on Third Street and
Oak Street; and(vii)waste disposal and recycling areas.
6.1.2 Shared Maintenance. Repair. Operation. As used herein "shared maintenance,
repair, and operation" shall mean all maintenance, repairs, or operations which are necessary to
keep the areas of joint-responsibility functional and in a good state of repair.
6.1.3 Costs. As used herein, "costs for shared maintenance, repair, and operation" shall
be only the actual cost paid by the City for the maintenance, repairs, and operations and shall not
include any overhead or administrative costs incurred by the City or create any profit for the City.
6.2— Shared Maintenance for Library Building Surrounds. The City and the District shall
each pay for one-half of the costs of the shared maintenance, repair, and operation of the areas of
j oint-responsibility.
6.3 Meetings. The City's manager and the District's library director shall meet not less
than annually to discuss and decide on budgets to pay for the predicted costs of the shared
maintenance, repairs, and operations of the areas of joint responsibility. Should a need for
unanticipated shared maintenance, repairs, or operations occur mid-year, the City's manager and
the District's library director shall confer as to whether the shared maintenance, repair, and
operations are necessary and the budget.
6.4 Disagreement. In the event the City and the District cannot agree on the necessity
of the shared maintenance, repair, and operations, the budget to pay for the same, or whether the
maintenance,repair,or operation is for an area of joint responsibility,they shall refer the matter to
dispute resolution as set forth in Section 16. Should a matter be referred to dispute resolution,
either party may elect to pay the full costs of the disputed maintenance, repair, or operations and
seek reimbursement for the other party's costs through the dispute resolution.
6.5 Invoice. The City shall provide the District with invoices documenting the costs to
repair,maintain, and operate the areas of joint responsibility,no less than annually.
6.6 Oualitv of Work. All maintenance, repairs, and operations must be performed
competently and completely. In the event the work falls short of this standard,the City shall pursue
claims for the remedy of the inferior work. The District shall be reimbursed for its share of any
costs paid for the work, should the District receive an award of damages or reimbursement.
6.7 Responsibility for Damage. Should the actions of an officer, employee, agent, or
contractor of the either party damage the areas of joint responsibility, that party shall promptly
repair the damage and be solely responsible for said repair in its entirety.
Section 7 -Insurance
7.1 Property Insurance. Both parties shall obtain on or before the Effective Date and
thereafter maintain in full force and effect during the term of this Agreement, a property insurance
policy or policies covering loss or damage to the Library Building and surrounds, in the amount
of the full replacement value thereof, as the same may exist from time to time against all perils
included within the classification of fire,extended coverage,vandalism,malicious mischief,flood,
PAGE 5 OF 11-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTRAL POINT AND THE JACKSON
COUNTY LIBRARY DISTRICT
earthquake, and special extended perils ("all risk" as such term is used in the insurance industry).
The City's insurance policy shall be primary to the District's insurance policy. At all times during
the term of this Agreement,the City shall be a named additional insured on the District's insurance
policy and the District shall be a named additional insured on the City's insurance policy. If either
party fails to procure and maintain such insurance coverage as required, the other party may, but
shall not be required to, procure and maintain the same, but at the expense of the noncomplying
party.
7.2 Liability Insurance. Both parties shall maintain, in full force and effect during the
Term of this Agreement, a policy or policies of public liability and property damage insurance
with respect to the Library Building and surrounds and activities conducted by the City and the
District in the Library Building, with a combined single limit for personal or bodily injury and
property damage of not less than$5,000,000. 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 parties shall increase the coverage to the statutory
limit for such claims and increase the aggregate coverage to the statutory limit. The District's
policy shall name the City as an additional insured, and the City's policy shall name the District
as an additional insured, and both shall contain a clause that the insurer will not cancel or change
the insurance without first giving the additional insured 30 days' written notice. The insurance
shall be provided by an insurance company licensed to provide such coverage in the State of
Oregon, and a copy of the policy or a certificate of insurance shall be delivered to the additional-
insured party. The City's policy shall be written to provide primary coverage.
7.3 Subrogation. Both parties waive their rights of subrogation against the other for any
reason whatsoever, and any insurance policies required to be procedure by them shall contain an
express waiver of any right of subrogation by the insurer.
Section 8—Limitations of Liability/Indemnification
8.1 The District shall indemnify and defend the City from any claim, loss, or liability
arising out of or related to any activity of the District on the Library or any condition of the Library
which is the sole responsibility of the District, unless such condition is caused by or occurred
through the negligence or wrongful acts of the City.
8.2 The District does not indemnify the City or any other person or entity for any risk,
loss, or liability due to defective design or negligent construction of any building, facility, or
structure on the Premises. In the event of loss or litigation arising from the design or construction
of any building, facility, or structure, there is no agreement between the parties as to indemnity or
contribution.
8.3 Except as set forth above, each party shall agree to indemnify the other from any
claim, liability, or damage resulting from any error, omission, or act of negligence on the part of
the indemnifying party,its officers,employees,or agents,in the performance of its responsibilities
under this Agreement,provided, however,the parties shall not be required to indemnify the other
for any such liability arising out of the wrongful acts of the other's officers, employees, or agents.
Section 9—Damage and Destruction
PAGE 6 OF 11-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTRAL POINT AND THE JACKSON
COUNTY LIBRARY DISTRICT
If the Library is destroyed or damaged such that the cost of repair exceeds 30 percent of
the value of the structure before the damage, either party may elect to terminate the Lease as of
the date of the damage or destruction by notice given to the other in writing not more than 45 days
following the date of damage. In such event all rights and obligations of the parties shall cease as
of the date of termination. If neither party elects to terminate,the City shall proceed to restore the
Library to substantially the same form as prior to the damage or destruction. City's obligation to
rebuild is contingent upon its receipt of insurance proceeds sufficient to make such repairs. Work
shall be commenced as soon as reasonably possible and thereafter shall proceed without
interruption except for work stoppages on account of labor disputes and matters beyond City's
reasonable control. Notwithstanding the foregoing, if the Premises or any portion of the Premises
are damaged by fire or other casualty caused directly or indirectly by the fault or negligence of
District or its agents,employees,contractors,or invitees, District shall be liable to City for the cost
and expense of the repair and restoration of the Premises or the Property caused thereby to the
• extent that such cost and expense is equal to or less than the deductible amount covered by the
insurance proceeds described in Section 7.1.
Section 10—Condemnation
If a condemning authority takes all of the Premises or a portion sufficient to render the
remaining premises reasonably unsuitable for the use that District was then making of the
Premises,the lease shall terminate as of the date the title vests in the condemning authorities. City
shall be entitled to all of the proceeds of condemnation, and District shall have no claim against
City as a result of the condemnation, except for that portion of the award which reflects the
unamortized value of any permanent improvements to the structure of the building in which the
Premises are located which have been installed and paid for by District following the
commencement of the lease term. District shall also be entitled to claim against the condemning
authority for its moving expenses and associated expenses not covered by insurance.
Section 11 -Assignment and Subletting
No portion of the Library may be assigned, mortgaged, or subleased without the prior
written consent of the City.
Section 12 -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 17,below.
Section 13 —Termination
13.1 Expiration. This Agreement shall expire at the end of the Term or Renewal 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.
PAGE 7 OF 11-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTRAL POINT AND THE JACKSON
COUNTY LIBRARY DISTRICT
13.2 Mutual Consent. This Agreement may be terminated at any time by mutual consent
of both parties.
13.3 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 Central Point
Branch Library;
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 Central Point Branch Library;
iii. The District may also terminate this lease 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 12.
13.4. 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' (30)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 17,herein. The rights
and remedies of the District 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.
13.5. Obligation/Liability of Parties. Termination or modification of this Agreement
pursuant to Section 13.1, 13.2, 13.3, and 13.4,above, shall be without prejudice to any obligations
or liabilities of either party already accrued prior to such termination or modification.
Section 14—Title to Improvements
14.1 Library Contents. All books, furniture, furnishings, and equipment contained
within the Library shall remain the property of the District.
14.2 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.
PAGE 8 OF 11-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTRAL POINT AND THE JACKSON
COUNTY LIBRARY DISTRICT
14.3 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 Lease, whatsoever the
reason for such termination.
14.4 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 15 - 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 16 - Dispute Resolution
For any matter related to this Agreement which the parties cannot resolve, they shall
attempt in good faith to resolve the controversy or claim by mediation. The parties shall agree on
one mediator and shall split the cost of the mediator. The cost of the mediator shall be at the rate
prevailing in the Jackson County area. The parties shall,to the extent possible,use mediation only
once a year to resolve accumulated claims. The mediator shall have final, binding authority to
decide a claim up to and no more than $5,000.00. The parties shall exhaust mediation before
resorting to any litigation for claims arising out of this Agreement.
Section 17—Notice
Whenever notice is required or permitted to be given under this Agreement, such notice
must be given in writing by personal delivery or mail, at the 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 9 OF 11-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTRAL POINT AND THE JACKSON
COUNTY LIBRARY DISTRICT
IF TO THE CITY:
City of Central Point
Attn: City Manager
140 S. 3rd Street
Central Point, OR 97502
Section 18—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 19—Miscellaneous
19.1 Jurisdiction and Venue. This Agreement has been made, and shall be construed, in
accordance with the laws of the State of Oregon. The City and the District agree that any suit or
action pertaining to the enforcement of the terms of this Lease shall be filed or brought in Jackson
County, Oregon.
19.2 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.
19.3 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.
19.4 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.
19.5 Force Maieure. 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.
19.6 Partial Invalidity. If any term,covenant,condition,or provision of this Lease 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.
19.7 Non-Waiver. The failure of either party to insist upon strict performance of any of
the terms,covenants, or conditions of this Agreement shall 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,must be signed by the party whose right or remedy
is being waived.
19.8 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original but all of which shall constitute one instrument.
PAGE 10 OF 11-INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTRAL POINT AND THE JACKSON
COUNTY LIBRARY DISTRICT
JACKSON COUNTY JACKSON COUNTY LIBRARY
DISTRICT
By: ___dd4eg By:
p Bft licit,Co tern 9-`' {�),� ( Susan Kiefer, President
Artmtnist t r nipC
Dated: (10 I2M 12 240 Dated:
Ap rAiiiik.ed as to Le 7."9"cie• y: Approved as to Legal Sufficiency:
-mufti /
BJ: Pete Philbrick, Sr. Asst. County Counsel By: Jacquelyn Bunick, District Counsel
CITY OF CENTRAL POINT
By:
Chris Clayton, City Manager
Dated:
Approved as to Legal Sufficiency:
By: Sydnee Dreyer, City Counsel
JACKSON COUNTY JACKSON COUNTY LIBRARY 1
DISTRICT
By: _ By: G 0
Danny Jordan, Susan Kiefer,President
Jackson County Administrator
Dated: Dated: (1,_ S �o
1
Approved as to Legal Sufficiency: Approved as to Legal Sufficiency:
By: Pete Philbrick, Sr.Asst. County Counsel By: lelyn f`t'inick, District Counsel
CITY OF CENTRAL POINT
By:
Chris Clayton, City Manager
Dated:
II
Approved as to Legal Sufficiency:
By: Sydnee Dreyer, City Counsel
JACKSON COUNTY JACKSON COUNTY LIBRARY
DISTRICT
By: By:
Danny Jordan, Susan Kiefer, President
Jackson County Administrator
Dated: Dated:
Approved as to Legal Sufficiency: Approved as to Legal Sufficiency:
By: Pete Philbrick, Sr. Asst. County Counsel By: Jacquelyn Bunick,District Counsel
CITY OF CENTRAL POINT
C
Chris Clayton,City Manager
Dated: Mg/015 cW7
Approved as gal Sufficiency:
By: S nee Dr r,City Counsel
4e
AFTER RECORDING RETURN TO:
Jacquelyn Bunick
Jarvis, Dreyer, Glatte & Larsen, LLP
823 Alder Creek Drive
Medford, OR 97504
UNTIL A CHANGE IS REQUESTED
SEND ALL TAX STATEMENTS TO:
City of Central Point
155 S. Second St.
Central Point, OR 97502
Grantor: Jackson County
Grantee: City of Central Point
Consideration: $0.00
QUITCLAIM DEED
WHEREAS,the City of Central Point, by quitclaim deed dated July 18, 2005 and recorded in the
Jackson County records as instrument 2005-046875, granted to Jackson County and the City of
Central Point,as tenants in common,all right title and interests in and to the real property described
on Exhibit A (the "Property") for so long as the Property is used for a library and governmental
office; and
Jackson County no longer operates a library on the Property and wishes to quitclaim its interest to
the City as provided herein.
THEREFORE, Jackson County, a political subdivision of the State of Oregon ("Grantor"), does
hereby release and quitclaim to the City of Central Point, a municipal corporation of the State of
Oregon, ("Grantee"), all of Grantor's right,title and interest in and to the Property,together with
all improvements, easements, hereditaments and appurtenances thereto.
There is no monetary consideration involved in this transfer. The actual consideration consists of
value given or promised which is the whole consideration.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,
IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO
11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,
OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT
THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY DRAFT
QUIT CLAIM DEED
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EXHIBIT B
ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO
VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY
LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED
IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING
PROPERTY OWNERS, IF ANY,UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336
AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9
AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8,
OREGON LAWS 2010.
Dated day of , 2020
JACKSON COUNTY
By
Colleen Roberts, Chair
STATE OF OREGON )
) ss.
County of Jackson )
On this day of , 2020, before me, the undersigned Notary Public in
and for said State, personally appeared Colleen Roberts, Chair of the Board of Commissioners of
Jackson County,known or identified to me to be the person whose name is subscribed to the within
instrument, and acknowledged to me that said instrument was voluntarily signed on behalf of
Jackson County and by authority of its Board of Commissioners.
QUIT CLAIM DEED
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EXHIBIT B
Exhibit A
Lots one, two, three, four and five in block 8 of the City of Central Point, Jackson County, Oregon,
according to the official plat thereof.
QUIT CLAIM DEED
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EXHIBIT B