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2005-1167-Minutes for Meeting April 14,2005 Recorded 10/12/2005COUNTY OFFICIAL TES NANCYUBLANKENSHIP, COUNTY CLERKDS IBJ 2005-+167 COMMISSIONERS' JOURNAL Illllll111 11111 1111111 10/12/2005 08;51;07 AM 2005-1 ff! DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. �,JT E5 �G � p { Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 -Fax (541) 388-4752 - www.deschutes.or9 MINUTES OF DEPARTMENT UPDATE — FAIR & EXPO CENTER DESCHUTES COUNTY BOARD OF COMMISSIONERS TUESDAY, APRIL 14, 2005 Commissioners' Conference Room - Administration Building - 1300 NW Wall St.., Bend Present were Commissioners Michael M. Daly, Tom De Wolf and Dennis R. Luke. Also present were Mike Maier, County Administrator; and Dan Despotopulos, Fair & Expo; and media representative Christian Trejbal of The Bulletin. No other citizens were present. The meeting began at 3: 00 p. m. The following items were discussed: Signage agreement with Hooker Creek Co. This agreement was unanimously approved by the Board. Budget items. Water park proposal. A copy of the agenda for the meeting is attached. Being no further items addressed, the meeting adjourned at 3:30 p.m. Minutes of Department Update — Fair & Expo Center Tuesday, April 14, 2005 Page 1 of 2 Pages DATED this 14th Day of April 2005 for the Deschutes Coun Commissioners. ATTEST: Recording Secretary Toni De -Wolf, Board of Micll�el M. Daly, r missioner .f Dennis R. Luke, C mmissioner Minutes of Department Update — Fair & Expo Center Tuesday, April 14, 2005 Page 2 of 2 Pages Fairgrounds/Expo Center Agenda - Tuesday, April 19, 3 PM. 1. Hooker Creek 2. Budget 3. H2o Parks 4. Misc. Dan ;•y w April 19, 2005 Mr. Robert Berman Hooker Creek Companies, LLC. 63101 Nels Anderson Road Bend, Oregon 97701 RE: Signage agreement The following is an agreement between the Deschutes County (County), acting by the Deschutes County Fair & Expo Center (DCFE) and Hooker Creek Companies, LLC. (HCC). The agreement will commence on May 1, 2005 and continue and expire on April 30, 2030. Payment Terms: $37,000 will be paid on first day of May each year for the first five years. For the second five-year term, the annual payment will be $40,000 to be paid on the first day of May of each year. For the third five-year term, the annual payment will be $43,000 to be paid on the first day of May of each year. For the fourth five-year term, the annual payment will be $46,000 to be paid on the first day of May of each year. For the fifth five-year term, the annual payment will be $49,000 to be paid on the first day of May of each year. The 25 -year agreement will have a minimum value of one million seventy-five thousand dollars ($1,075,000.) HCC will be responsible for the cost of design, installation and maintenance of signage, as well as any required permits of the signage. The signage shall be installed and maintained in accordance with all applicable codes, regulations and legal requirements. If the current Event Center sign has to be moved or altered, it is the responsibility of HCC to place it back to its original location. DCFE must agree in writing to the signage package. HCC will receive the following: • The right to name the Event Center Building the "Hooker Creek Event Center". • All media publications relating to the 7,800 seat Hooker Creek Event Center. • There will be a media notice of the name change for all events. • There will be two 2' x 2' locations (one in each direction) on the reader board at main entrance (top left/ top right). • HCC will have two locations for signage on the Hooker Creek Event Center Building Tower above the present Event Center sign. Other stipulations: • Signage will be lighted during nighttime events at the Hooker Creek Event Center and events on other areas of the Fair & Expo Center. • A location will be established to place printed material in the Hooker Creek Event Center. 41 DCFE retains the right to allow signage inside the Hooker Creek Event Center and in and around all other buildings and facilities located on Fair and Expo Center property. DCFE will use HCC to provide them with all products and services within HCC'S core competencies for all projects that take place on DCFE property, and for which HCC stays competively priced, subject to all applicable public contracting requirements. HCC reserves the right to terminate this agreement at the end of each 5 -year term, HCC will notify DCFE in writing of its intent to continue or terminate this agreement 120 days prior to the end of each 5 -year term. The DCFE, by written notice to the HCC, may immediately terminate this Agreement if the HCC fails to perform any of the requirements of this Agreement, and, if after receipt of written notice from DCFE specifying such failure, the HCC fails to correct such failure within 30 days or such other period as the DCFE may authorize. Upon the expiration or termination of the lease HCC shall remove all signage and restore the structure(s) to which such signs are attached to the satisfaction of DCFE. HCC shall defend, indemnify and hold the DCFE and the County harmless from any claims for property damage or personal injury related to HCC's exercise of its rights under this agreement. HCC shall obtain and maintain throughout the term of this agreement a commercial general liability insurance policy (on an occurrence basis), together with an endorsement naming Deschutes County, the Deschutes County Fair Board, their officers, agents and employees as an additional named insured. The liability limits shall be $500,000 per occurrence and $1,000,000 in the aggregate. Such insurance shall be primary to any other coverage available to the County. Authorized Signatures: Mr. Robert Berman Hooker Creek Companies, LLC. Dated this of , 2005 Deschutes County, Oregon BOARD OF COUNTY COMMISSIONERS TOM DEWOLF, CHAIR MICHAEL M. DALY, COMMISSIONER ATTEST: Recording Secretary DENNIS R. LUKE, COMMISSIONER