1985-19065-Minutes for Meeting September 04,1985 Recorded 9/19/198585-19065
DIOL 67 PAGE 95:!
DESCHUTES COUNTY BOARD OF COMMISSIONERS
SEPTEMBER 4, 1985 REGULAR MEETING
Chairman Tuttle called the meeting to order at9'0:;0
"', %11
Commissioner Prante was in attendance, Commissioner L�iauil2"w w�§-
absent; Legal Counsel, Rick Isham was also present.
Amendments to Chairman Tuttle noted that the Board would
the Agenda recess and reconvene at 4:30 p.m. to discuss
the amended Development Agreements - Eagle
Crest.
Signature of Order Dave Hoerning, Acting Director of Public
No. 85-100, a Works, presented a map of the area to the
Final Order Vaca- Board, and explained the vacation.
ting a Portion of
O.C. Cardwell Road Chairman Tuttle opened the Public Hearing
and requested comments from the audience.
Don Callahan, 63215 Peterman Lane, Bend,
stated that he was in favor of the vacation.
Chairman Tuttle requested further comments.
Hearing none, he closed the Public Hearing.
MOTION: PRANTE moved to sign Order No.
85-100, a final Order vacating
a portion of O.C. Cardwell Road.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Possible Signature MOTION: PRANTE moved to sign the Agreement
with City of Sis- with the City of Sisters to house
ters for Housing City prisoners in the County Cor -
City Prisoners in rectional Facility.
the County Cor- TUTTLE: Second.
rectional Facility VOTE: UNANIMOUS APPROVAL.
Possible Signature MOTION: PRANTE moved to sign the Awbrey
of Awbrey Butte Butte Sublessee Agreement with
Sublessee Agreement KICE - FM Radio.
with KICE - FM Radio TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Possible Signature MOTION: PRANTE moved to sign the Prenatal
of Prenatal Contract Contract with Daniel Brown, M.D.
with Daniel Brown, TUTTLE: Second.
M.D. VOTE: UNANIMOUS APPROVAL.
Signature of De- Postponed until 4:30 p.m. today.
velopment Agreement
for Ronald Broaddus,
SP -85-34
t
Stipulation Agree-
ment with Deschutes
National Forest for
Access for a Public
Road off Skyliners
Road and Acceptance
of Easement
` VOL 65 PAGE 993
MOTION: PRANTE moved to sign the Stipula-
tion Agreement with Deschutes
National Forest for access for a
public road off Skyliners Road
(Nunc Pro Tunc)
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Memorandum of Agree -MOTION:
ment with the De-
partment of Agri-
culture for the Con-
trol of Noxious
Weeds in the County
VOTE:
Possible Signature
of Financial Par-
tition Agreement
with T.M. Pete
Enterprises, Inc.
Signature of Let-
ters of Appoint-
ment to the Welfare
Advisory Board
Signature of Let-
ters of Appoint-
ment to the Vande-
vert Acres Special
Road District
Request for Re-
funds/Community
Development De-
partment
PRANTE moved to Chair to sign the
of Agreement with the Department of
Agriculture for the control of
noxious weeds in the County (Nunc
Pro Tunc)
TUTTLE: Second.
UNANIMOUS APPROVAL.
MOTION: TUTTLE entertained a motion to
sign the Financial Partition Agree-
ment with T.M. Pete Enterprises,
Inc. after review by Legal Counsel.
PRANTE so moved.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
MOTION: PRANTE moved to appoint Helen
Jewell and Beverly Moltzau to the
Welfare Advisory Board.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
MOTION: PRANTE moved to appoint George
Ekenstam and E. Lavonne Prince
to the Vandevert Acres Special
Road District.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Chairman Tuttle noted the following request
for refunds by the Community Development
Department:
Roger Wiborge $ 70.00
Martin M. Ditino 135.46
Dennis Dausey 35.10
Signature of OLCC MOTION: PRANTE moved Chair to sign the
Applications following OLCC License Applica-
tions:
Sunriver Lodge & Resort/Owls Nest
Sunriver Lodge & Resort/19th Hole
Food Express
LaPine Mini Mart
E1 Comedor Restaurant
VOL 65 FAGF 994
Geno's Italian Specialties
Millican Tradinq Post
Casa De Recardos
Riverwood's Country Stores
TUTTLE: Second
VOTE: UNANIMOUS APPROVAL.
The meeting was recessed until 4:30 p.m.
Chairman Tuttle continued the meeting at 4:30 p.m. Commis-
sioners Prante and Maudlin were in attendance; Rick Isham, Legal
Counsel was also present.
Commissioner Prante presented Rick Isham with a five year pin.
Signature of OLCC MOTION: MAUDLIN moved Chair to sign the
Applications following OLCC License Applica-
tions:
Terrebonne Jack's Station
K -Mart Corporation
Sunriver Country Store
Woodmark Bowl
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
Chairman Tuttle scheduled a special meeting for 4:00 p.m. -
Tuesday, September 10, 1985, to consider OLCC license applica-
tions prior to the deadline for submittal.
Signature of De- After lengthy discussion, the Board decided
velopment Agree- to sign the development agreement for
ment for Ronald Ronald Broaddus, Cascade Meadow Ranch,
Broaddus, SP -85-34, contingent upon approval by Legal Counsel.
Cascade Meadow MOTION: PRANTE: moved to sign the Develop -
Ranch ment Agreement for Ronald Broaddus,
(SP -85-34), Cascade Meadow Ranch,
contingent upon review and approval
by Legal Counsel.
MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
Discussion Re- The Board discussed the possibility of
garding Amended amending the Development Agreements for
Development Agree- Eagle Crest Partners Ltd.
ments - Eagle Crest
VOL 65 PAGE 995
After lengthy deliberations, Chairman Tuttle
recessed the meeting until Thursday,
September 5, 1985 at 1:30 p.m.
September 5, 1985
1:30 p.m. Regular Session - Reconvene
Chairman Tuttle continued the meeting at 1:30 p.m. Commissioners
Prante and Maudlin were in attendance; Rick Isham, Legal Counsel
was also present.
Discussion Re- The Board continued their discussion regardi-
garding Amended ing amending the Development Agreements for
Development Agree- Eagle Crest Partners Ltd.
ments - Eagle Crest
Chairman Tuttle recessed the meeting until
3:30 p.m. for final consideration of this
matter.
3:30 p.m. Regular Session - Reconvene
Chairman Tuttle continued the meeting at 3:45 p.m. Commissioners
Prante and Maudlin were in attendance; Rick Isham, Legal Counsel
was also present.
Discussion Re- The Board continued their discussion regard-
garding Amended ing amending the Development Agreements for
Development Agree- Eagle Crest Partners Ltd.
ments - Eagle Crest
Mr. Isham prepared an Agreement between
the County and Eagle Crest Partners, Ltd.
Chairman Tuttle read aloud the attached
Agreement.
MOTION: PRANTE moved that the Board sign
the Agreement as read by the Chair.
MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
ting was adjourned.
COUNTY BOARD OF COMMISSIONERS
LAUR,27CE A,.; TUTTLV ,
t6;'
LOS STO PR COMMISS ONER
DIK MAU LIN, COMMISSIONER
BOCC:kbw
85-1797G
AGREEMENT
VOL 65 PAGE 996
0163 0366
THIS AGREEMENT, made and entered into by and between
Deschutes County, a political subdivision of the State of Oregon,
'hereinafter referred to as "County", and Eagle Crest Partners,
Ltd., an Oregon limited partnership, hereinafter referred to as
"Developer",
W I T N E S S E T H:
WHEREAS, County has entered into certain Agreements with
Developer recorded May 7, 1985, in Book 94, Page 1277, Deschutes
County Book of Records, and recorded June 24, 1985, in Book 98, ^
Page.659, Deschutes County Book of Records; and
WHEREAS, it is necessary to clarify said Agreements; now,
therefore;
IT IS HEREBY AGREED by and.between the parties, for and in
consideration of the mutual: -covenants and conditions contained. -y_
herein, that the above referenced Agreements are each amended by
the addition of the following:
1. That any lien filed by County pursuant to the section
of the Agreement entitled "Enforcement of This Agreement" shall
be effective and have priority as of the date such lien is
recorded with the Deschutes County Clerk.
2. County shall not order work to be performed under the
section of the Agreement entitled "Enforcement of This Agreement"
unless County has appropriation therefore in the Deschutes County
budget. County shall not allow any lien to attach to the real
property for any work performed, materials furnished or services
rendered by order of County pursuant to the section of the Agree-
ment entitled "Enforcement of This Agfeement", except liens
reserved to the County under the Agreement.
3. Nothing herein shall be construed to limit or otherwise
estop County or any third party beneficiary under the Agreement
the right to otherwise enforce this Agreement.
n
DATED this 5tk day of _ , 1985.
BONDSCHUTES
OF COUNTY COMMISSIONERS
OF COUNTY, OREGON
V'
LAURF,=E A.-,jPUTjrLE, ChaiTman
ATTEST: LOI
corcYing Secretary D
N 1
-,AGREEMENT
ISTO
,�J,_42RANTE, Commissioner
JDLYN,I Cbmmissioner
VEL 65 PACE 997
0103 0967
DATED this day of , 1985.
DEVELOPER: EAGLE CRES;XARpC��LTD
ATLA "N'A AL TRUST, a
Cal• orni tervivos Trust,
G eral tner, by BARRY G. EVANS,
Trustee
STATE OF OREGON )
S8.
County of Deschutes )
Ifta me, a Notary Public, personally appeared LAURENCE A.
m�S BRISTOW PRANTE, and DICK MAUDLIN, the -above-named
oa�� �&nty Commissioners of Deschutes County, Oregon, and
ledg : the foregoing instrument on behalf --of Deschutes61-
C6 /ion .
��(� �DA�ED, thisday of , 1985.
y Public for Orego
My Con%�/y���
My Commission Expires:
STAMUj.jjq,F OREGON )
A brl*t)> tpk.,D_eschutes )
�:•N a r ••.-�
e 40eL:negoing instrument was acknowledged before me by BARRY
to E�INS,*rWustee of Atlantic National. Trust, a California
'ln t.vj3j(yos frust, General Partner, on behalf of Eagle C t
an Oregon limitedartnershi this day of
1985.
`2 - AGREEMENT
Notary Public for Oregon
My Commission Expires: 1
G
1
a -
CCIv�
♦:n
C:7