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1993-42821-Resolution No. 93-074 Recorded 11/19/199393-42821 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Authorizing Lt. Greg Brown *r,�g�O� Al2 M; of the Deschutes County Sheriff's Office 10 a ,:atoo of Deschutes County, Oregon, to Sign the Water/Sewer Agreement with the City of Bend, on Behalf of Deschutes County,* =T, Oregon and Prescribing an Effective Date. RESOLUTION NO. 93-074 WHEREAS, Lt. Greg Brown is the Project Manag6 Qor construction of the County Criminal Justice Facility (Faciity); and WHEREAS, it is necessary for the County to enter into a Sewer and Water Agreement with the City of Bend (City) for the provision of City sewer and water services to the Facility; and WHEREAS, the City has proposed a form of sewer and water agreement for the provision of said services, and the Board of County Commissioners has reviewed and approves of said agreement, subject to certain minor changes; and WHEREAS, it is desirable that Lt. Greg Brown be given authority to enter into said agreement on behalf of the County, subject to said certain minor changes; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That Lt. Greg Brown of the Sheriff's Office of Deschutes County, Oregon, is hereby authorized to sign a Water/Sewer Agreement for the new Criminal Justice Facility with the City of Bend, on behalf of Deschutes County, Oregon, upon completion of review and recommendation of Deschutes County Legal Counsel regarding certain minor changes known to the Board of County Commissioners. A copy of said agreement, without attachments, is attached hereto as Exhibit 1. Section 2. That the provisions of Section 1 of this resolution shall become effective upon its passage. DATED this 21st day of July, 1993. BOARD OF COUNTY COMMISSIONERS ,- OF DESC TES COUNTY, OREGON ,CC 1 1993 M THRO P, hair 11 V-1 w w". A ! MANCY POP GE Commission Recording Secretary BARRY H. SLAUGHTE , Commissioner 1 - RESOLUTION NO. 93-074 (7/21/93) 4 EXHIBIT 1 0128-0523 WATER AND SEWER SERVICE AGREEMENT The CITY OF BEND, an Oregon municipal corporation, hereinafter referred to as "CITY" and DESCHUTES COUNTY, hereinafter referred to as "USER" agree as follows: GENERAL CONDITIONS 1. USER has received, read and understands City's Water and Sewer policies which are attached to this agreement. The terms used in this agreement have the meanings assigned to them by City's policies unless specifically provided otherwise in this agreement. 1.1 USER desires sewer and water service to USER's property described on Exhibit "A" which is attached hereto and made part of this agreement. 1.2 USER understands that USER'S service is conditioned upon consenting to sign an annexation consent agreement, if USER'S property is outside of the City limits. USER hereby consents to the annexation of USER'S property when annexation shall be deemed appropriate by the City. USER shall also provide City with a separate consent on a form prepared by City. 1.3 USER agrees to pay applicable sewer and water general benefit fees in accordance with City policies. PROVISION OF WATER AND SEWER SERVICES 2. Services shall be supplied only through facilities constructed and installed to City Standards and Specifications and owned by City. All facilities except USER'S service connection lines shall be installed within public right of ways or City easements. Easements shall be granted to City free and clear of all liens and encumbrances. 2.1 USER shall not connect to CITY'S facilities until City accepts facilities installed by USER in writing. 2.2 USER shall promptly pay all charges for City sewer and water services when due. Charges shall be as prescribed by the appropriate schedule and may be changed from time to time. 2.3 No other use of CITY services or CITY facilities shall be permitted without express written consent of the CITY. Page 1 of 5 Jail, 63333 N. Hwy 20 Project # 93-058 6-30-93 Q:\dev\agree.93\93-058\wsa GIrNAL 0128-0524 2.4 USER shall comply with all applicable governmental laws, rules and regulations including but not limited to CITY ordinances, resolutions and the provisions of City sewer and water policies as they now exist and as they may be changed from time to time. Any failure to comply with all terms and conditions of this agreement shall entitle CITY to terminate water and sewer services at CITY'S sole discretion. 2.5 If USER'S property is outside the City and USER receives City water and or sewer service, USER'S service may be terminated at anytime after three month's written notice. 2.6 USER agrees to perform all work necessary to install on USER'S property at a City approved location a backflow prevention device approved by the Oregon State Health Division and the City of Bend Standards and Specifications if required. This device must pass inspection by a certified backflow prevention inspector. USER agrees to have test cocks installed on this device as shown in the specifications. USER also agrees to comply with the annual requirement for checking the backflow protection valves at USER'S expense. ( ) Not required (x) Double check type ( ) Reduced pressure type EXTENSION OF WATER AND/OR SEWER FACILITIES 3. USER shall comply with the following conditions if service to USER'S property requires extension of sewer or water facilities. 3.1 USER agrees to perform all work necessary for the construction of the water and sewer facility as shown on Exhibit "B" at USER'S sole expense and in accordance with the City's Standards and Specifications, within one year unless extended by City in writing. USER agrees to perform all work necessary to install water service lines with meters and housings if required. Said installations to be completed in accordance with Exhibit "B" and City Standards and Specifications. The meter, to be installed by contractor, must be stamped and registered by CITY Public Works department prior to installation. 3.2 The person, firm or corporation performing the work shall have construction liability coverage. Coverage shall be in the amount of a one million dollar combined single limit for bodily injury liability and property damage. USER shall hold City harmless and indemnify City from any liability of any kind in connection with activities resulting from this agreement. 3.3 USER agrees to submit to the City a statement of all costs incurred on the project upon completion of the project. Page 2 of 5 Jail, 63333 N. Hwy 20 Project # 93-058 6-30-93 Q:\dev\agree.93\93-058\wsa - 0128-0525 3.4 City will charge appropriate fees for services rendered to USER. 3.5 USER agrees to obtain Oregon State Highway, City or County street cut permit prior to any construction in right of ways. 3.6 When required by CITY, USER agrees to deliver to CITY "AS BUILT" reproducible drawings of the completed work, signed by an Oregon professional engineer prior to acceptance of the work by CITY. 3.7 The total amount due and payable upon signing this agreement is listed on Exhibit "C". 3.8 The City will review the actual water usage 12 months from the date of occupancy to determine whether a refund of sewer SDC's is required. DATED this day of STATE OF OREGON ) )ss County of Deschutes ) This instrument was acknowledged before me on by . 19 DESCHUTES COUNTY Notary Public for Oregon My Commission expires:_ CITY DEVELOPMENTQA�WA X&Yga&,4-� . � Page 3 of 5 Jail, 63333 N. Hwy 20 Project # 93-058 6-30-93 Q:\dev\agree.93\93-058\wsa Exhibit "A" 0.28-052 Page 5 of 5 Jail, 63333 N. Hwy 20 Project # 93-058 6-30-93 Q:\dev\agree.93\93-058\wsa w A unit •"• S� - 2367 D�2lTipt sN�r psarwl of ln.sd lecmted in the worthoact Qaar"r of tho Sowt%eeat Querter (W91/4 Mtn/4) Of NS6CUon 17. "Towaiaip 17 SOwth. Rsn o 12. Lost of the Willarotte herldisa. Deschutes County. Oregon. sore particularly described w follow. Beginning at the Last Quarter oortrr to sale section 173 tbsnoe Borth 89•S3'48' West. 6*e.13 feet to the west right of wwy of Etats Nttghway No. 203 thence south 24.30019' Last. 354.00 feet along said right of war to the true point of begiral" of this descsiptloat thence continuing 3atmh 24.50'19' Last. 584.24 Leets theme Worth 89.49'1e' West. 4e0.64 feet: thence South . - **•13'51' West. 471.00 feed thence North 89.49'1*' West. 311.23 festa theme North 00.13.31' Cast. 790.78 feetS thence North 28'"43'34" test; 238.13 feed thence South 89.33.48' Last. 351.00 fest to the true point of beginning. 9h ENING THERErWM beginning at the Southeast corner to Section 17. T. 17 S. R. 12.. S.M.H.. Deschutes County. Oregons thence North e0.13'S1• East. 1332.02 feet along the Cast line of said Section 17 to the South 1/16 corners thence North 89.49' le" West. 611.22 feet& thence North 00.13' 51' test. 189." feet tq the true point of beginning of this descriptiont thence continuing North r ::.• 00.13'51" tact. 281.34 feed thence South 89.49'10' Cast. 4".64 feet to the SOuthwesterly right of way of State Highway No. 20S thence North .:.. •. ' 24.50'19' West. 63.00 feet to the centerline of an existing gravel driveways ; � :`+i •': • _414.7* thence South 80.23'45' West. feet along said driveway eemurliae S thence South 8.20'44' East. 289.27 feet to the true point of beginning of this description. b 'r ' TOGETHER WITH a portion of the Northeast One -Quarter Southeast One -Quarter (N81/4 SCI/4) Section Seventeen (17). Township Seventeen (17) South. Range Twelve (12) East. WillaWtte Meridian. ,� Deschutes county. Oregon. being more particularly described as follows, kt Beginning at the Southeast corner to Section 17, Township 17 South, Range 12 t ' z y Cast. Willamette Meridian. Deschutes County. Oregoat theme north 00.13'Si" s • test. 1322.02 feet along the Cast line of said Section 17 to the South 1/16 corners thence North 89.49010" West. 582.62 feet along the South line of the Northeast 1/4 Southeast 1/4 said Section 17 the true beginning to point of of this descriptions thence North 8.20144" West 191.78 feets thence South Y' 00.13'51' West. 189." feet to the South line of the Northeast 1/4 Southeast 1/4 said Section 17s thence South 89.49'10' Cast. 28.60 feet to the true .1 point of beginning. • � • i. a :.ice � � cch 33 Cz � lit, N N: Page 5 of 5 Jail, 63333 N. Hwy 20 Project # 93-058 6-30-93 Q:\dev\agree.93\93-058\wsa w EXHIBIT "C 0128-0527 7 Engineering Fees Description Code Fees Water plan review submittal fee EW $ Water line fee ft X $1.00/ft. EW $ Fire service/hydrant fee x $150.00 per service/hydrant EW $ Sewer plan review submittal fee ES $ Sewerline fee ft X $.50/ft ($1.00/ft) ES $ Manhole fee, # of manholes X $50.00/manhole ES $ Street review submittal fee ET $ Street fee L F x $.50/L F ET $ Description Final Plat Fees Submittal $250.00 Street 20t EF $ lots x $25.00 $ lot Partition Fees Water 50% EP $ Submittal $100.00 Sewer 30t EO $ _ lots x $10.00 $ lot System Development Charges Description Sewer System Development Charge lots X $ SW $ lot 44 ERU'S X $650.00 SW $ 28,600.00 ERU Water System Development Charge services lots X ,$ WA $ lot 111, 4" AND 6" FIRE service WA $ 17,325.00 meter deposit RD WM $ Account set-up SU $ Miscellaneous fees Description Recording fee RF $ 35.00 N Hwy 97 sewer recovery fee, Project # $ 13,200.00 44 x $300.00/ERU TOTAL $ 59,160.00 * Balance to be collected with building permit yes ( ] no [ ] Receipt # Page 4 of 5 Jail, 63333 N. Hwy 20 Project # 93-058 6-30-93 Q:\dev\agree.93\93-058\wsa