2003-22-Resolution No. 2003-004 Recorded 1/10/2003REVIEWED
LEGAL 20UNSE
DESCHUTES COUNTY OFFICIAL RECORDS CJ X003 -1Z
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL
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01/10/1003 08;15;11 AM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Hereby Adopting an
Intergovernmental Agreement with the Bend RESOLUTION NO. 2003-004
Metropolitan Park and Recreation District for Park "
System Development Charges. "
WHEREAS, pursuant to the Bend Metropolitan Park and Recreation District (the "District") Ordinance No. 6
and Resolutions 220 through 224, the District imposes system development charges for capital improvements for park
facilities on certain development in areas under the jurisdiction of Deschutes County;
WHEREAS, such charges are required to be paid to the District by property owners upon obtaining building
or development permits as provided in the above ordinance and resolutions; and
WHEREAS, the County issues building permits in areas within the District and is therefore administratively
best able to collect such charges in such areas; and
WHEREAS, District desires to delegate to County the responsibility of collection of such charges and County
is willing to accept such delegation, all pursuant to die conditions of this Agreement; and
WHEREAS, the above is incorporated by reference herein and the District has adopted the Intergovernmental
Agreement for Park System Development Charges attached as Exhibit "A," now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
as follows:
Section 1
Exhibit "A."
DATED this day of January, 2003.
ATTEST:
The Board of County Commissioners hereby adopts the Intergovernmental Agreement attached as
Recording Secretary
PACE I of I - RESOLUTION NO. 2003-004
BOARD O UNTY COMMISSIONERS
OF DES TES COUNTY, OREGON
------ --- - - -- -----
DENNIS R. LUKE, hair
------------------=---- -------------------
TOM DEWOLF, Commissi er
M CHAEL M. DALY, Com sioner
JANUARY -F, 2003)
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
PARK SYSTEM DEVELOPMENT CHARGES
This Agreement is made and entered into by and between Deschutes County, a political subdivision of the State
of Oregon hereinafter referred to as "County" and Bend Metropolitan Park and Recreation District, a municipal
corporation, hereinafter referred as the "District."
WITNESSETH:
WHEREAS, pursuant to the District Ordinance No. 6 and Resolutions 220 through 223, recorded in the
Deschutes County Official Records at book and page 2002-690487 and incorporated by reference herein, the
District imposes system development charges for capital improvements for park facilities on certain
development in areas under the jurisdiction of Deschutes County; and
WHEREAS, such charges are required to be paid to the District by property owners upon obtaining building or
development permits as provided in the above ordinance and resolutions; and
WHEREAS, the County issues building permits in areas within the District and is therefore administratively best
able to collect such charges in such areas; and
WHEREAS, District desires to delegate to County the responsibility of collection of such charges and County is
willing to accept such delegation, all pursuant to the conditions of this Agreement; now therefore,
IT IS HEREBY AGREED by and between the parties for and in consideration of the mutual promises herein
stated as follows:
GENERAL
The purpose of this Agreement is to facilitate and coordinate the collection of system development
charges for parks and recreation imposed by the District pursuant to District Ordinance No. 6 and
Resolutions 220 - 223.
It is agreed that the District has adopted a system development charge for park and recreation facilities
solely for the benefit of the District and that the County shall collect such system development charge
funds as an agent of the District.
COUNTY OBLIGATIONS
County shall collect system development charges for parks and recreation for the benefit of the District
as imposed by District Ordinance No. 6 and Resolutions 220 - 223, as adopted and as may be amended
pursuant to that Ordinance and Resolutions. It is agreed that said funds at all times belong to the
District.
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2. The County shall account for all such funds collected separately from other funds received and shall
implement tracking systems to track such funds from receipt until transfer to the District.
County shall automatically disburse said funds to the District once each month in the ordinary course of
accounts payable disbursements and shall provide the District with monthly documentation
demonstrating the source and amount of each collection.
4. Other than the obligations set forth herein, County shall have no other obligations, responsibilities or
liabilities with respect to park system development charge funds.
5. Within thirty (30) days after execution of this Agreement, the County shall account for and pay to
District any and all parks system development charge funds previously collected by the County.
DISTRICT OBLIGATIONS
District shall adopt and maintain a plan listing: (1) capital improvements to be funded by collected
system development charges; (2) the estimated costs of those improvements; and (3) a timetable for
completion of such improvements, as required by ORS Chapter 223. District shall provide County with
a copy of the plan. District shall advise County of any changes to the plan and shall provide County
with copies of any such changes.
District shall expend collected and transferred park system development charge funds only as permitted
under District Ordinance No. 6 and ORS 223.310. District will reimburse the County. in the amount of.
$15.00 for each SDC collected by the County on behalf of the District as an administrative fee for
collection. Such reimbursement may be deducted by the County from monthly payments to the District.
District shall perform all work under its plan and expend system development charge funds for its own
benefit and not as a contractor of the County. District shall be responsible for any and all injury to any
and all persons or property caused directly or indirectly by reason of any and all activities by District in
the performance of this Agreement; and further agrees to indemnify, save harmless and defend the
County, its officers, agents and employees from and against all claims, suits, actions, damages, costs,
losses and expenses in any manner resulting from, arising out of, or connected with any such injury.
4. District agrees to indemnify, save harmless and defend the County, its officers, agents, and employees
from and against all claims, suits, actions, damages, costs, losses and expenses in any manner resulting
from or arising out of any claim that the system development charge funds transferred to District, were
misspent or collected in violation of ORS 223.297 to 223.314. Such indemnity shall extend to any and
all claims concerning parks SDCs imposed by the County under Resolution No. 2003-004 as well as to
the SDCs collected by County as an agent of the District under this Agreement.
District shall be responsible for payment and processing of any refunds.
MISCELLANEOUS
This Agreement is effective January 7, 2003.
2. This Agreement shall automatically renew each fiscal year unless otherwise terminated as provided
herein.
This Agreement may be terminated at the end of any fiscal year upon written notice of one party to the
other party not later than ninety (90) days prior to the end of such fiscal year.
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4. This Agreement shall supersede any previous agreement between the County and the District with
respect to any funds collected by County as parks system development charges.
5. County and District agree that County may assign any agreements for installment payments of parks
SDCs previously entered into by County to the District.
6. This Agreementt is expressly subject to the debt limitation of Oregon counties set forth in Article XI,
Section 10, of the Oregon Constitution, and is contingent upon funds being appropriated therefore. Any
provisions herein, which would conflict with law, are deemed inoperative to that extent
DATED this day of , 2003.
ATTEST:
Recording Secretary
DATED this day of
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
TOM DeWOLF, Commissioner
MICHAEL M. DALY, Commissioner
2003. BEND METRO PARK AND RECREATION
DISTRICT
DON HORTON, Executive Director
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