2017-818-Minutes for Meeting October 11,2017 Recorded 12/4/2017Recorded in Deschutes County CJ2017-818
Nancy Blankenship, County Clerk
Commissioners' Journal 12/04/2017 4:09:03 PM
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2017-818
For Recording Stamp On
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97703-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Allen Conference Room
Wednesday, October 11, 2017
Present were Commissioners Anthony DeBone and Phil Henderson. Commissioner Baney's
absence excused. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy
County Administrator; David Doyle, County Counsel; and Laura Skundrick, Assistant Secretary.
Attending for a portion of the meeting were James Lewis, Property Management Specialist;
Deborah Cook, Property Management Administrative Assistant; Matt Martin, Senior Planner;
Adam Smith, Assistant Legal Counsel; One representative of the media was in attendance, as
well as one member of the public.
CALL TO ORDER.
Vice Chair DeBone opened the meeting at 1: 32 p.m.
As requested at this morning's Board of County Commissioner Business Meeting,
Consideration of Signature of Resolution No. 2017-051, Correcting Identified Territory to be
Considered for Inclusion into the Bend Enterprise Zone
Commissioner Henderson had requested clarification on specific changes made to the map. Kip
Barret, EDCO Bend Director, explained that the revised map only reflects the areas within the
UGB, whereas the last map included the entire parcel. He explained those were the only changes
made, and that the only places where residential was overlayed is where there is spot zoning.
Minutes of Board of Commissioners' Work Session October 11, 2017 Page 1 of 3
HENDERSON: Move approval.
DEBONE: Second.
VOTE: HENDERSON: Yes.
DEBONE: Vice Chair votes yes. Motion Carried
BANEY: Absent, excused
ACTION ITEMS
1. Consideration of Commenting on Nomination of the Central Oregon Canal for
National Register of Historic Places
Mr. Martin provided an overview from last week's meeting regarding this item. The board had
asked for additional time for consideration and to allow time for site visits. Commissioner
Henderson noted the tour of the canal was beneficial, and it was interesting to see the specific
stretch of canal in question. He would like to hear more from COID regarding their concerns,
such as the maintenance issues they mentioned in their letter.
Mr. Martin summarized the materials he had provided, noting there is no requirement that a
decision be made today. Commissioner Henderson suggested it would be great to have
Commissioner Baney's input, and Commissioner DeBone agreed. He proposed that Mr. Martin
begin to draft a letter for review and discussion at the next work session. He requested a tour of
the canal either Thursday or Friday, and Mr. Lelack confirmed they could coordinate that.
2. Discussion of County Owned Lands in La Pine
James Lewis provided background information and current state of properties owned by the
county in La Pine area. He overviewed the industrial site created through an IGA the county had
with La Pine Industrial Group, Inc. (LIGI), now held by City of La Pine. The agreement states
the land would be sold for businesses, generating large economic development in south county.
Commissioner Henderson stated he is interested in the history of financials for this development.
Mr. Lewis explained his understanding that everything has since been paid off. Since LIGI was
the acting representative for the work at the time, money from sales offsetting the development
costs went to LIGI, who did not have any specific funds for development. Mr. Kropp suggested
they could check the program budget, and possibly the LIGI fund. Commissioner Henderson also
requested any documentation that might explain the history, such as an ordinance? County
Administrator Anderson confirmed there is. Commissioner Henderson requested the original
conveyance, which Mr. Lewis stated he would research.
Mr. Lewis continued, overviewing property the county purchased from BLM, to assist in
lessening the impacts to high groundwater between developments in Sunriver and La Pine. Some
lots on this property are currently in discussions to sell, and as growth is happening, the county
can make some decisions about marketing some of the land. County Administrator Anderson
provided history about the sewer and water development in that area, and moneys loaned,
owned, and contributed.
A separate portion of land, in the Drafter Road area, were acquired through tax foreclosures.
These properties have been retained because as they develop or re -develop, there are multiple
driveway accesses on the highway that ODOT would like to consolidate.
Minutes of Board of Commissioners' Work Session October 11, 2017 Page 2 of 3
EXECUTIVE SESSION: At the time of 3:41pm, the Board went into Executive Session under
ORS 192.660 (2)(e) Real Property. The Board came out of Executive Session at 4:06pm.
OTHER ITEMS
County Administrator Anderson discussed proposed agenda items for the La Pine joint meeting
with Commissioners DeBone and Henderson, who requested that Mr. Lewis prepare a brief, five -
point summary of county owned property in La Pine, then they can use the map and provide brief
history at the meeting.
Commissioner DeBone noted the Medal of Honor house bill will be signed by Governor Kate
Brown at the Deschutes Services Building Friday, October 20th. Deschutes County will also hand
a donation check to Dick Tobiason for the Bend Heroes Foundation.
Commissioner Henderson asked the status of the marijuana review plan. Commissioner DeBone
stated he had asked for an update on that for potentially Monday's meeting.
County Administrator Anderson informed Commissioners DeBone and Henderson that it appears
both Bend and Redmond will pursue the pilot program to expand the UGB for affordable
housing.
ADJOURN
Being no further discussion, the meeting adjourned at 4: 06pm.
DATED this A- Day of ®ai p 2017 for the Deschutes
County Board of Commissioners.
Tammy BAney, Chair?i
ATTEST:
Recording Secretary
a' ti�Id
Anthony DeBone, Vice Chair
Philip G. t
derson, Commissioner
Minutes of Board of Commissioners' Work Session October 11, 2017 Page 3 of 3
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 PM, WEDNESDAY, OCTOBER 11, 2017
Allen Conference Room — 2nd Floor, Deschutes Services Building — 1300 NW Wall Street — Bend
Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be addressed at the
meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to
cancellation without notice. This meeting is open to the public and interested citizens are invited to attend.
Work Sessions allow the Board to discuss items in a less formal setting. Citizen comment is not allowed,
although it may be permitted at the Board's discretion. If allowed, citizen comments regarding matters that are or
have been the subject of a public hearing process will NOT be included in the official record of that hearing. Work
Sessions are not normally video or audio recorded, but written minutes are taken for the record.
CALL TO ORDER
ACTION ITEMS
1. Consideration of Commenting on Nomination of the Central Oregon Canal for National
Register of Historic Places - Matthew Martin, Senior Planner
2. Discussion of County Owned Lands in La Pine - James Lewis, Property Management
Specialist
EXECUTIVE SESSION
3. Executive Session under ORS 192.660 (2) (e) Real Property
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories.
Executive sessions are closed to the public; however, with few exceptions and under specific
guidelines, are open to the media.
Board of Commissioners Work Session Agenda Wednesday, October 11, 2017 Page 1 of 2
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
ADJOURN
Deschutes County encourages persons with disabilities to participate in all programs and
activities. To request this information in an alternate format please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.org/meetingcalendar
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
Board of Commissioners Work Session Agenda Wednesday, October 11, 2017 Page 2 of 2
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Work Session of October 11, 2017
DATE: October 6, 2017
FROM: Matthew Martin, Community Development, 541-330-4620
TITLE OF AGENDA ITEM:
Consideration of Commenting on Nomination of the Central Oregon Canal for National
Register of Historic Places
ATTENDANCE: Matthew Martin, Senior Planner
SUMMARY: On October 4, 2017, the Board of County Commissioners (Board) discussed the
nomination of a segment of the Central Oregon Canal for the National Register of Historic Places. The
Board decided to consider commenting on the nomination at a work session on October 11, 2017, to
allow time to review the materials and conduct a site visit.
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX(541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
DATE: October 6, 2017
TO: Deschutes County Board of Commissioners
FROM: Matthew Martin, AICP, Senior Planner
RE: Central Oregon Canal Nomination for the National Register of Historic Places —
Board of Commission Review
SUMMARY
On October 4, 2017, the Board of County Commissioners (Board) discussed the nomination of a
segment of the Central Oregon Canal for the National Register of Historic Places. The Board
decided to consider commenting on the nomination at a work session on October 11, 2017, to
allow time to review the materials and conduct a site visit.
BOARD NOTIFICATION ERROR
As noted at the October 4 work session, the State Historic Preservation Office (SHPO) issued a
letter on the same day, acknowledging that the required notification to the chief elected office,
Chair Baney, was not provided as required (Attachment). The Board has two choices moving
forward with regard to this nomination:
Choose to review and consider commenting on the nomination as it otherwise would,
waiving the Chair's 60 -day notification requirement; or
2. Choose to invoke its right to the 60 -day notification requirement, due to the administrative
error on the part of SHPO, and cause the nomination to be removed from the State
Advisory Committee on Historic Preservation's (SACHP) hearing agenda.
Staff had a subsequent conversation with Jason Allen, SHPO Historic Preservation Specialist.
Mr. Allen asked to inform the Board that if they choose to invoke their right to the 60 -day
notification, the review by SACHP will be rescheduled to their next meeting in February 2018.
HISTORIC LANDMARKS COMMISSION REVIEW
On October 2, 2017, the Deschutes County Historic Landmarks Commission (HLC) received
testimony on the nomination. The HLC chose to not complete review of the nomination at the
meeting, instead, each commissioner will independently review it and submit comments to staff
by October 9, 2017. Staff will then compile them for final review by Rachel Stemach, the Designee
of the HLC Chair, prior to submitting to SHPO. At the October 11 Board work session, staff will
summarize their comments to SACHP.
Attachment:
October 4, 2017 SHPO Letter
Quality Services Performed 7vith Pride
-Of6g6d
Parks and Recreatiort Department
State' Historic Preservation tv ration C }ffice
Kate %rows, !it>YL'.7 r1iyC /2J .3UII25-.rwr `.'ii NE Ste, C
j alarm, OR 97301-3.266
Phone (503) 986-0690
October 4, 2017 Fax (0-03) 986-0793
ww5w. orego71.32e:t a toge.org
Hon. Tammy Baney
Chair, Deschutes County Commission
1300 NW Wall Street
Bend, OR 97703
Dear Commissioner Baney:
The State Advisory Committee on Historic Preservation (SACHP) will review the following
property for nominations to the National Register of Historic Places at its next meeting in Salem,
Oregon, on Friday, October 20, 2017:
CENTRAL OREGON CANAL HISTORIC DISTRICT
BEND vcty., DESCHUTES COUNTY
A private party is sponsoring the nomination of a segment of the Central Oregon Canal that
occurs, in part, on your property. The canal segment nominated for listing includes only the
elements of the Central Oregon Canal National Register nomination. The nominated area extends
50 feet in both directions from the centerline of the canal. A complete electronic copy of the
nomination may be found online at
lrttD:,/w vw.ore2oi.t.aov%ot)rd.�HC;"D,' IA,rRFClldocs%sachi) (lccs-CetitralOz,egoiiC,at siiHL)_SACHP
Draft.t)df
Under the rules governing the National Register nomination process, our office is required to
notify the chief elected official of the jurisdiction within which the nominated property occurs no
less than 60 days prior to the hearing of the SACHP at which the nomination will be heard by
that body. Due to an error on our part, notification was sent to the Mayor of Bend, and not to you
as the Chair of the Deschutes County Commission, an error we discovered this morning. As
such, the Commission has two choices moving forward with regard to this nomination:
1. The Commission may choose to review and comment on the nomination as it otherwise
would, waiving the Chair's 60 -day notification requirement; or
2. The Commission may choose to invoke its right, due to the administrative error on the
part of our office, to cause the nomination to be removed from the SACHP's hearing
agenda.
Again, we apologize for our error. Please advise our office as soon as you have come to a
decision on how you wish us to proceed. You are invited to attend the forthcoming meeting of
the State Advisory Committee on Historic Preservation. The date and location of the meeting are
given on the agenda enclosed. if questions concerning the National Register nomination process
arise, please contact Jason Allen, Survey Program Coordinator, at (503) 986-0579.
Sincerely,
c�'hristine Curran
Deputy State Historic Preservation Officer
0, c
O�
DESCHUTES COUNTY
Q A-{ PROPERTY MANAGEMENT
James Lewis, Property Manager
P.O. Box 6005, Bend, OR 97708-6005
(541) 385-1414 - Fax (541) 317-3168
www.deschutes.org
To: Deschutes County Board of Commissioners
�
From: pJames Lewis, Property Manager
Date: October 9, 2017 (for Work Session October 11, 2017)
RE: Update to BOCC — Deschutes County Property/Land Ownership in La Pine
Commissioners:
The following is a brief history of the primary properties/property groups owned by Deschutes
County within the La Pine City limits.
Existing Conditions:
Deschutes County owns 86 separate properties within the La Pine city limits. The properties
include industrial, commercial and residential land. The properties can separated into 4 four
primary areas and types of property — these are generally described as: Industrial Park; Master
Planned Community/Neighborhood Planning Area; Drafter Road; and Special Purpose (Exhibits
A and B). The County also owns some tax foreclosed properties, but those are few, and are
typically reviewed for the surplus property auction each year. A history and analysis of the four
areas listed above is provided below. The entirety of the maps and exhibits attached hereto
include:
• Exhibit A - County owned property map within La Pine City Limits
• Exhibit B - Excel Spreadsheet showing real market and assessed values (as
determined by the County Tax Assessor), with acreages (not all values available)
• Exhibit C — La Pine Industrial Park map
• Exhibit D — expenses for development of Newberry Business Park
• Exhibit E - Deschutes County / City of La Pine Intergovernmental Agreement to sell
Industral Lands
• Exhibit F- List of questions (Assessment Chart) used to evaluate sale/lease requests
• Exhibit G - Agreement with the La Pine Industrial Group (LIG) to manage Industrial
Park
• Exhibit H — Dissolution of LIG
• Exhibit I — Deschutes County Order 2017-033 Order Repealing and Amending CCR's
• Exhibit J - La Pine Zoning Map indicating proposed uses for conceptual master planned
neighborhood
• Exhibit K — Approved Master Plan for Quadrants A -D
• Exhibit L — ORS 271.510-540
Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner
Industrial Park: The Industrially zoned land in La Pine was first acquired by Deschutes County
as the result of a donation of property from the BLM in the early 1980's (searching for
conveyance document at the time of this memo). The purpose of such donation was to further
economic development in the La Pine area.
Since the donation/acquisition, Deschutes County proceeded to divide the property into the La
Pine Industrial Site subdivision (1984), and the Newberry Business Park subdivision (2002) —
these are collectively referred to as the La Pine Industrial Park (Exhibit C). The La Pine
Industrial Site consisted of multiple parcels ranging in size from 1 acre to 40 acres — in an effort
to provide property sizes to suit multiple industrial user needs. The Industrial Site was intended
primarily for users conducting heavy industrial uses with large space/outdoor space needs. The
Newberry Business Park was platted with'/2 acre lots, and developed by Deschutes County with
water, sewer, paved streets, and other necessary utilities (see Exhibit D for expenses related to
development of the Business Park). The smaller lots were intended for light industrial uses,
typically small manufacturing and service industrial within closed buildings. Deschutes County
still owns 56 legal lots within the overall area described as the Industrial Park.
In 2014, Deschutes County entered into an IGA with the City of La Pine to authorize the City to
market and negotiate the sale and lease of the County property (Exhibit E). The IGA specified
that the County, as the owner, still had the legal obligation to approve the sale/lease, and that
the revenue from the sale/lease be split equally between the City and County. Currently, only
one property has been sold, three others are under purchase option and/or lease options — all
negotiated by the City of La Pine. During the consideration of sale/lease, the City has been
working with Sunriver La Pine Economic Development (SLED) and their Director to evaluate
purchase requests to determine if the resulting use would generate jobs and economic
development as originally intended through the donation from BLM in the 1980's. A list of the
questions (Assessment Chart) used to evaluate sale/lease requests is attached as Exhibit F.
In 1993 and 2002 Deschutes County adopted two sets of CCR's affecting both the La Pine
Industrial Site (1993) and the Newberry Business Park (2002) for the purpose of guiding the
development of such properties (restrictions on use and type/aesthetics of development). In
1996 Deschutes County entered into an agreement with the La Pine Industrial Group (LIG) to
authorize LIG to manage the Park under the CCR's (Exhibit G). That agreement proceeded
until 2013 when the LIG officially dissolved (Exhibit H). In the recent few months, Deschutes
County worked with the City of La Pine to repeal and amend such CCR's (Exhibit 1). This action
was based on the change of circumstances, including the incorporation of the City of La Pine,
and the adoption of specific land use regulations that now guide future development.
Master Planned Community/Neighborhood Planning Area: In October 1998, The US Congress
passed legislation to assist Deschutes County with acquiring 540 acre tract of land from the
Federal Government/Bureau of Land Management (searching for conveyance document at the
time of this memo). The tract lies west of Highway 97, south of Burgess Road (Wickiup
Junction), east of Huntington Road, and north of the primary core of La Pine (see Exhibit A).
The property was intended to be a master planned community (primarily residential), but with a
mix of supporting uses (see La Pine Zoning Map indicating proposed uses - Exhibit J). The
community is to be developed with typical municipal infrastructure, including water and sewer
facilities, paved streets and all utilities. In the late 1990's a design charrette process was
conducted and a conceptual master plan was created for the entirety of the property.
Subsequent to the completion of the conceptual master plan, land was sold to developers and
phases of residential neighborhoods received formal master plan approval and were developed
— there are currently homes and neighborhoods developed in the southwestern portion of the
2
greater area (Crescent Creek). Aside from the developed portion, Deschutes County still owns
the large acreages to the north (see Deschutes County ownership map).
The intent of the acquisition of this property from BLM was to assist in the reduction of rural
development using on-site sanitary sewage disposal (septic) systems. An earlier study by
Deschutes County in conjunction with DEQ determined that the high ground water table in
southern Deschutes County was being adversely affected by the large number of on-site
sewage disposal systems. As a result, the County initiated a Transferable Development Credit
(TDC) Program intended to redirect some of the future residential growth from the existing rural
subdivisions to the master planned community where a municipal sewer system is available. In
short, the development rights for rural subdivision lots were acquired by the developer, and such
rights are then allocated to the new Community.
Currently, the Crescent Creek neighborhood, developed and constructed by Pahlisch Homes,
includes single family residential homes built according to the previously approved master plan
in Quadrants B and C (see Exhibit K for approved Master Plan for Quadrants A -D). Since the
economic recession that began in 2008, the residential development slowed dramatically, with
some recent uptick in the last year.
Aside from the residential development listed above, the southern portion of the property has
been developed with a Senior Center, and some affordable housing — additional affordable
housing projects made possible through forthcoming land donations by Deschutes County are
currently pending land use approval through the City of La Pine. Additionally, a 15 acre parcel
along Burgess Road (northern part of the property) was sold to the Bend La Pine School District
in 2009 - an Elementary School has since been developed.
There are two areas that currently have master plan approval, and are still owned by Deschutes
County. The County could assertively market these properties for sale to a developer —
however, there has been no recent development interest in the property.
Drafter Road: The Drafter Road properties lie east of Highway 97, and adjacent to the west
side of Drafter Road (in the Wickiup Junction area). The majority of these parcels were
acquired by Deschutes County as a result of Tax Foreclosure in the early and mid -1980's.
These properties are currently zoned La Pine Mixed Use Commercial. They have not been
developed. There have been requests from the public to purchase such properties individually,
but Deschutes County has held the ownership on the basis that collectively such properties
have a greater development potential and value, and for the purpose of being able to provide
future vehicular access to the adjoining privately help properties on the west which also front on
the east side of Highway 97. The future vehicular access across the County properties is based
on the Oregon Department of Transportation goal to minimize/consolidate driveway access from
the commercial properties fronting the Highway. Rather, vehicular access to the highway front
properties could be obtained via easement across the County property to Drafter Road — Drafter
Road would serve a similar function as a frontage/backage road to the Highway. These
properties, although acquired through tax foreclosure, can be directly sold to other public or
private entities because they fall within the definition and provision of ORS 271.510 through
271.540.
Special Purpose: Deschutes County owns additional land where the South County Services
building, sheriff's office and road department facilities are located. The SCSB hosts County and
State programs (Veterans, Health Services, Children's Services) for the purpose of providing
convenient access for residents of southern Deschutes County. The sheriff's satellite office and
3
road department facilities makes it possible to provide quick and convenient service to the rural
lands in southern Deschutes County.
EXHIBIT A
A
B
C
D
E
F
G
1
Map Loc
TAXLOT
RMV Land
RMV Impr
RMV Total
AV Total
Acres
2
1
211035CO07800
$1,100
$0
$1,100
$0
0.17
3
2
211036AA00300
$10,940
$0
$10,940
$0
0.96
4
3
211036AA00400
$10,940
$0
$10,940
$0
0.97
5
4
211036AA00700
$10,940
$0
$10,940
$0
1.03
6
5
211036AA00800
$10,940
$0
$10,940
$0
1.06
7
6
211036AC01600
$34,820
$18,410
$53,230
$53,230
1.03
8
7
211036AD00100
$0
$0
$0
$0
1.08
9
8
211036AD00300
$10,940
$0
$10,940
$0
1.14
10
9
211036AD00500
$12,540
$0
$12,540
$0
1.18
11
10
211036AD00800
$10,940
$0
$10,940
$0
1.01
12
11
211036AD00900
$10,940
$0
$10,940
$0
1.08
13
12
211036AD01000
$10,940
$0
$10,940
$0
1.43
14
13
211036DBO2700
$0
$0
$0
$0
1.01
15
14
211036DBO2800
$0
$0
$0
$0
1.01
16
15
211036DBO3000
$0
$0
$0
$0
1.01
17
16
211036DBO3100
$0
$0
$0
$0
1.05
18
17
211036DBO3300
$0
$0
$0
$0
1.11
19
18
2210000000109
$0
$0
$0
$0
324.92
20
19
221002AO03000
$0
$0
$0
$0
1.41
21
20
2210110000400
$2,719,600
$0
$2,719,600
$0
27.59
22
21
2210110000500
$1,976,000
$0
$1,976,000
$0
19.02
23
22
2210118000100
$174,720
$0
$174,720
$100,640
3.44
24
23
221011CB00300
$0
$0
$0
$0
0.48
25
24
221011CB00303
$0
$0
$0
$0
7.06
26
25
221013B001900
$110,960
$0
$110,960
$0
3.07
27
26
221013C000200
$21,230
$0
$21,230
$20,280
1
28
27
2210130000300
$21,230
$0
$21,230
$20,280
1
29
28
2210130000400
$26,250
$0
$26,250
$0
1
30
29
2210130000700
$227,273
$0
$227,273
$126,505
1
31
30
2210130001400
$243,225
$0
$243,225
$150,890
4.57
32
31
2210140000100
$662,020
$0
$662,020
$662,020
27.63
33
32
2210140000101
$637,070
$0
$637,070
$637,070
19.5
34
33
2210140000200
$0
$0
$0
$0
28.62
35
34
2210140000302
$1,101,400
$0
$1,101,400
$0
38.73
36
35
221014AB00108
$64,790
$0
$64,790
$0
0.57
37
36
221014AB00111
$65,940
$0
$65,940
$0
0.58
38
37
221014AB00126
$48,880
$0
$48,880
$0
0.43
39
38
221014AB00129
$48,880
$0
$48,880
$0
0.43
40
39
221014AB00131
$48,880
$0
$48,880
$0
0.43
41
40
221014AB00132
$48,880
$0
$48,880
$0
0.43
42
41
221014AB00133
$48,880
$0
$48,880
$0
0.43
43
42
221014AB00137
$48,880
$0
$48,880
$0
0.43
44
43
221014AB00138
$48,880
$0
$48,880
$0
0.43
45
44
221014AB00139
$48,880
$0
$48,880
$0
0.43
46
45
221014AB00141
$48,880
$0
$48,880
$0
0.43
A
B
C F7
D
E
F
G
47
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
221014AB00142
221014AB00151
221014AB00152
221014AB00153
221014AB00154
221014AB00155
221014AB00156
221014AB00157
221014AB00161
221014AB00162
221014AB00163
221014AB00164
221014AB00165
221014AB00166
221014AB00167
221014AB00170
221014AB00171
221014AB00172
221014AB00173
221014DA00200
221014DA00300
221014DA00400
221014DD00100
221014DD00200
221014DD00300
221014DD00400
221014DD00500
221014DD00600
221014DD00700
221014DD00800
221014DD00900
221014DD01000
221014DD01100
221014DD01200
221014DD01300
221014DD01400
221015AA01701
221015AA02001
221015AA02100
221015DA00300
221015DA00400
$48,880
$48,880
$48,880
$48,880
$48,880
$48,880
$48,880
$48,880
$23,920
$23,920
$23,920
$23,920
$23,920
$23,920
$23,920
$23,920
$23,920
$23,920
$23,920
$143,830
$275,180
$334,100
$217,460
$286,520
$242,370
$167,650
$168,750
$195,940
$133,640
$138,170
$113,260
$113,260
$113,260
$113,260
$113,260
$113,260
$6,510
$20,150
$13,490
$48,040
$92,100
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$48,880
$48,880
$48,880
$48,880
$48,880
$48,880
$48,880
$48,880
$23,920
$23,920
$23,920
$23,920
$23,920
$23,920
$23,920
$23,920
$23,920
$23,920
$23,920
$143,830
$275,180
$334,100
$217,460
$286,520
$242,370
$167,650
$168,750
$195,940
$133,640
$138,170
$113,260
$113,260
$113,260
$113,260
$113,260
$113,260
$6,510
$20,150
$13,490
$48,040
$92,100
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$143,830
$275,180
$334,100
$217,460
$286,520
$242,370
$167,650
$168,750
$195,940
$133,640
$138,170
$113,260
$113,260
$113,260
$113,260
$113,260
$113,260
$1,780
$2,910
$3,830
$0
$73,850
0.43
0.43
0.43
0.43
0.43
0.43
0.43
0.43
0.21
0.21
0.21
0.21
0.21
0.21
0.21
0.21
0.21
0.21
0.21
1.27
2.43
2.95
1.92
2.53
2.14
1.48
1.49
1.73
1.18
1.22
1
1
1
1
1
1
1
1.49
0.01
6.38
1.29
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
Total
$12,445,228
$18,410
$12,463,638
$4,836,455
574.65
W
N
A
Date: 412412017
Exhibit A Description
La Pine Ind Site PH II Bndry
La Pine Ind Site Ph I Bndry
County Owned Parcels
Other Parcels
—,_ Section
11 LOT
m BLK
:LOT 3.........
x I
WILLIAM
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m
M I:'
BLK 2
_LOT 5
LOT 6:BLK 1
+ BLK2'
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MCWIN
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i.
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119:
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Date: 412412017
Exhibit A Description
La Pine Ind Site PH II Bndry
La Pine Ind Site Ph I Bndry
County Owned Parcels
Other Parcels
—,_ Section
11 LOT
m BLK
M:-
:LOT 3.........
x I
m
M I:'
BLK 2
_LOT 5
LOT 6:BLK 1
+ BLK2'
lid
M:-
x I
m
M I:'
O
9
F2
1
Total Tax Lots within Exhibit A - 134
Total County Owned Tax Lots - 56
County Owned Tax Lots = 42%
r
r
EXHIBIT D
0A -----
ACTIVITY AT NEWBERRY BUSINESS PARK
JULY 1, 2000 — SEPTEMBER 19, 2001
The following information describes, in chronological order, the activities of Deschutes County
and the La Pine Industrial Group, Inc., in the development of the 40 -acre small lot subdivision
known as the Newberry Business Park. This is an area within the larger La Pine Industrial Park
that has been developed for smaller lots, primarily to provide sites for industrial service and
supply companies. It is a higher quality, controlled -environment business park that has been
developed to County standards including paved streets with curbs and underground utilities.
1) June 27 and July 5, 2000: A call for bids for street and waterline improvements was
published in the Daily Journal of Commerce. A notarized Affidavit of Publication is on file
at the LIGI office. LIGI paid $430.63 to publish this notice.
2) July 11, 2000: Bids were received and opened from Jack Robinson & Sons and Vic
Russell Construction. The Jack Robinson bid was $657,028.00 for all three phases of
development, and the Vic Russell bid was $517,910.90 for all three phases.
3) LIGI paid HGE, Inc. the engineering contractor for this project, the amount of $1,801 for
engineering services. The check number was 1441.
4) July 14, 2000: HGE Inc. issued a Notice of Intent to Award Contracts to Vic Russell
Construction. It was decided by the LIGI Board of Directors to develop all three phases of
the industrial park under one contract instead of spreading the work out over three
separate contracts.
5) August 11, 2000: A Notice of Award was signed by Darwin Thurston, president of LIGI,
and sent to Vic Russell Construction with an Award Date of August 20, 2000. The
contracted price was $517,913.50.
6) August 31, 2000: LIGI paid HGE, Inc. the amount of $5,674.26 for engineering services,
with check number 1463.
7) September 6, 2000: Construction began on the improvements to the small lot subdivision.
The first set of payroll certificates was for the period Sept. 6 — Sept. 8, 2000.
8) October 4, 2000: LIGI received Certificate of Payment Number One from HGE in the
amount of $55,757.64, along with a second set of payroll certificates. This Certificate was
sent to Deschutes County for payment to Vic Russell Construction and was paid from
County funds. Deschutes County opened a loan account in the name of the La Pine
Industrial Group, Inc., for repayment by LIGI.
9) October 31, 2000: LIGI received an invoice from HGE for $24,734.01 for engineering
services for this project. This invoice was forwarded to Deschutes County for payment
and was added to LIGI's loan account.
10) November 6, 2000: LIGI received Certificate of Payment Number Two from HGE in the
amount of $99,091.60. This Certificate was forwarded to Deschutes County for payment
to Vic Russell Construction and was added to LIGI's loan account.
Chronological List of 1 Newberry Business Park
Activities, July 1, 2000 — Sept. 3, 2001 La Pine Industrial Site, Phase III
11) November 14, 2000: LIGI paid Morrison Cat Rental the amount of $500 for clearing and
piling brush on Lots 1,2, and 3 of the small lot subdivision.
12) November 30, 2000: Wilderness Garbage and Recycling cleared and hauled debris and
brush in the small lot subdivision.
13) December 4, 2000: Morrison Cat Rental cleared and piled brush on additional lots in the
small lot subdivision. LIGI paid $3,755.00 for this service with check #1508.
14) December 11, 2000: LIGI received Certificate of Payment Number Three from HGE in the
amount of $111,030.59. This Certificate was forwarded to Deschutes County for payment
to Vic Russell Construction and the amount was added to LIGI's loan account.
15) December 12, 2000: At its December meeting, the LIGI Board approved a request by Vic
Russell to suspend further construction for the winter. It was anticipated that construction
would begin again in March when the snow had melted and the ground had sufficiently
thawed. Also at that meeting, the Board approved naming the small lot subdivision the
Newberry Business Park.
16) December 30, 2000: Morrison Cat Rental completed clearing and piling all of the
remaining brush in the Newberry Business Park. LIGI paid the amount of $4,075 with
check number 1522.
17) December 31, 2000: LIGI received and paid an invoice from HGE in the amount of
$383.80 for engineering services in the Newberry Business Park.
18) January 9, 2001: Midstate Electric Cooperative installed three-phase underground electric
service in the Newberry Business Park. LIGI paid $999.00 with check #1045.
19) January 29, 2001: LIGI paid Carlson Sign Company the amount of $364 to produce a 4x8-
foot sign to advertise the availability of lots in the Newberry Business Park.
20) March 14, 2001: Carlson Sign Company installed the Newberry Business Park sign at the
corner of Reed Road and Hinkle Way. LIGI paid $128 for the installation.
21) March 31, 2001: LIGI received an invoice from HGE in the amount of $296.38 for
engineering services in the Newberry Business Park.
22) April 4, 2001: Work having resumed on the development of roads and utilities in the
Newberry Business Park, LIGI received Certificate of Payment Number Four in the amount
of $75,999.99. LIGI paid $44,778.59 from its accounts with the balance paid by
Deschutes County and charged to LIGI's loan account.
23) April 26, 2001: The Deschutes County Planning Commission reviewed a request from LIGI
for the establishment of a new zoning ordinance for the Newberry Business Park. The
request was approved without changes and without requiring a public hearing.
24) April 30, 2001: LIGI received an invoice from HGE in the amount of $619.72 for
engineering work in the Newberry Business Park.
Chronological List of %2 Newberry Business Park
Activities, July 1, 2000 — Sept. 3, 2001 La Pine Industrial Site, Phase III
25) May 15, 2001: LIGI received Certificate of Payment Number Five for work in the Newberry
Business Park in the amount of $46,816.01. LIGI paid this amount to Vic Russell
Construction from its own accounts.
26) May 15, 2001: Change orders were authorized by the LIGI Board to extend the paving of
Hinkle Way and Mitts Way to Foss Road. These added $27,700 to the total amount of the
construction costs.
27) May 22, 2001: LIGI received Certificate of Payment Number Six for work in the Newberry
Business Paris in the amount of $116,241.99. LIGI paid this amount to Vic Russell
Construction from its own accounts.
28) May 29, 2001: The LIGI Board met in special session to review and approve the CC&R's
for the Newberry Business Park.
29) May 31, 2001: LIGI received an invoice from HGE in the amount of $708.94 for
engineering services in the Newberry Business Park.
30) June 6, 2001: LIGI received a Certificate of Payment (also identified as Number Six) for
work in the Newberry Business Park in the amount of $13,395. LIGI paid Vic Russell
Construction this amount from its own accounts.
31) June 13, 2001: A walk-through inspection was completed and a punch list of final items
requiring attention was developed and submitted to the contractor.
32) July 11, 2001: A final walk-through inspection was conducted that confirmed all punch list
items had been completed. LIGI received the Final Certificate of Payment in the amount
of $27,280.68. LIGI paid this amount to Vic Russell Construction from its own accounts.
33) July 17, 2001: Vic Russell Construction provided HGE and LIGI with a Notice of
Completion, along with assurances of all required compliances.
34) July 31, 2001: LIGI received invoices from HGE in the amount of $10,356.91 for
engineering work in the Newberry Business Park. This was mostly for surveying the lots
and placing pins in the corners.
35) September 3, 2001: A draft Final Subdivision Plat for the Newberry Business Park was
filed with Deschutes County.
36) September 3 —19, 2001: Lee Smith, general manager of LIGI, has been meeting with
Steve Miller in the Deschutes County Community Development Department to finalize
language in the zoning ordinance and CC&R's for approval by the BOCC. Also, HGE has
been completing the preparation of the Final Plat.
Chronological List of
Activities, July 1, 2000 — Sept. 3, 2001
3
Newberry Business Park
La Pine Industrial Site, Phase III
Date
Amount
Description
June 2000
430.63 Advertisement - Call for Proposals
July 2000
1,801.00
Engineering Services
August 2000
5,674.26
Engineering Services
October 2000
55,757.64
Payment #1 to Contractor for streets & waterlines
October 2000
24,734.01
Engineering Services
November 2000
99,091.60
Payment #2 to Contractor for streets & waterlines
November 2000
500.00
Clearing and piling brush
December 2000
3,755.00
Clearing and piling brush
December 2000
111,030.59
Payment #3 to Contractor for streets & waterlines
December 2000
4,075.00
Clearing and piling brush
December 2000
383.80
Engineering Services
January 2001
999.00
Electric Service to site 7
January 2001
364.00
Signage -
March 2001
128.00
Installation of sign
March 2001
296.38
Engineering Services
April 2001
75,999.99
Payment #4 to Contractor for streets & waterlines
April 2001
619.72
Engineering Services
May 2001
46,816.01
Payment #5 to Contractor for streets & waterlines
May 2001
116,241.99
Payment #6 to Contractor for streets & waterlines
May 2001
708.94
Engineering Services
June 2001
13,395.00
Payment #7 to Contractor for streets & waterlines
July 2001
27,280.68
Final payment to Contractor
July 2001
10,356.91
Engineering Services
600,440.15
TOTAL EXPENSES
L
REVIEWED
EXHIBIT E
LEGAL COUNSEL
INTERGOVERNMENTAL AGREEMENT
LA PINE INDUSTRIAL LAND SALES
RECITALS
This Intergovernmental Agreement ("Agreement') is made and entered into by and between
Deschutes County, a political subdivision of the State of Oregon, hereinafter referred to as
"County", whose address is P.O. Box 6005, Bend, OR, 97708-6005, and The City of La Pine,
an Oregon municipal corporation hereinafter referred to as "City", whose address is PO Box
2460, La Pine, Oregon 97739.
WHEREAS, County and City are authorized pursuant to ORS 190.003 through 190.110 to enter
into an intergovernmental agreement for the performance of any or all functions which a party to
the agreement, or its officers or agents, has the authority to perform; and
WHEREAS, County owns the real property more particularly identified on Exhibit A (the "Real
Property"), which is commonly known as the La Pine Industrial Park. The Real Property
includes two distinct sub -areas: the Newberry Industrial Park ("Newberry") and the Finley Butte
Industrial Park ("Finley"). Each parcel comprising the Real Property is further described on
Exhibit A; and
WHEREAS, County and City believe that the sale of the Real Property at competitive prices will
benefit County and City residents by providing economic development opportunities in the
southern portion of Deschutes County within the City of La Pine; and
WHEREAS, through this Agreement, County entrusts City, and City will ensure that the Real
Property will be preserved and sold for Economic Development (as defined below); and,
WHEREAS, County and City believe that City is better able to locally assess, market and
respond to prospective purchasers and Economic Development opportunities needing industrial
land in the City; and,
WHEREAS, the parties desire to enter into this Agreement to provide the terms and conditions
upon which City will list, market and promote the sale of the Real Property; and
IT IS HEREBY AGREED by and between County and City, for and in consideration of the
mutual promises and covenants contained herein, as follows:
1. ,Effective Date. This Agreement is effective November 1, 2014 (the "Effective Date"),
2. Term/Duration. Subject to the terms and conditions of this Agreement, the term of this
Agreement will commence on the Effective Date and will continue for a term of five (5) years
unless terminated earlier pursuant to Section 8. This Agreement may be extended upon
mutual written agreement of the parties.
1 — DESCHUTES COUNTY / CITY OF LA PINE - INTERGOVERNMENTAL AGREEMENT
Deschutes County Document No. 2014-568
C
3. Definitions. For purposes of this Agreement the following terms shall mean:
3.1. "Economic Development" - Efforts that seek to improve the economic well-being and
quality of life for the community by directly creating and/or retaining jobs, and
supporting or growing incomes and the tax base.
3.2. "Infrastructure" - The construction and installation of streets, sewer, water, sidewalks,
street trees, street lights, utilities, and any other City required improvements, whether
publicly or privately owned, including, without limitation, cable, telephone, gas,
electricity to serve the Real Property or any portion thereof.
3.3. "Hard Costs" - Includes, without limitation, costs associated with advertising,
marketing, promotion, negotiations, Infrastructure, permitting, taxes, insurance, real
estate commissions, title fees, title insurance fees, closing costs, and recording costs,
or any other charges associated with the Sale and/or Conveyance of the Real
Property.
3.4. "Gross Sale Price" - The overall per -sale price of Real Property or any portion thereof,
without any deductions for any Hard Costs.
3.5. "Sale" and/or "Conveyance" - Subject to the terms and conditions contained in this
Agreement, a transfer of any portion of the Real Property by any type of deed, land
sale contract, and/or a lease entered into after execution of this Agreement for a term
of 10 years or more, including, without limitation, all optional extensions or renewals.
4. Control of Real Property, Agreement to Sell/Lease. Ownership of the Real Property shall
remain with County. During the term of this Agreement, County vests in City full power and
authority for the marketing, promotion and sale negotiations for the Real Property for
Economic Development, including, without limitation, establishing the Gross Sale Price and
acceptance or rejection of an Offer (defined below), at no cost to County. City's city
manager ("City Manager") shall have the exclusive right to retain licensed real estate
broker(s) to assist City with the listing, marketing and sale of the Real Property. All offers
accepted by City shall be written and in standardized real estate purchase and sale forms,
unless otherwise prepared by competent legal counsel representing City or purchasing party
(individually and collectively the "Offer(s)"). The City Manager shall have the right and
obligation to respond in a reasonable time period to all Offers and shall have the sole
authority for accepting or rejecting all Offers for Real Property subject to this Agreement.
Upon acceptance of an Offer by City, the Offer shall be presented to County for execution of
the Offer and the applicable Sale and Conveyance documents. County shall not
unreasonably withhold, condition or delay execution of the Sale and/or Conveyance
documents necessary to complete the Sale or Conveyance, provided, however, that the
terms of the Sale and Conveyance shall have reasonable dates established for the Sale or
Conveyance.
5. Previous Purchase Option Agreement. The purchase option agreement entered into by and
between County and Cascade Divide Data Centers ("Cascade Divide"), effective August 13,
2014 (D.C. Document No. 2014-401) shall be included in this Agreement with regard to the
allocation of proceeds ("Purchase Option"). Upon the Conveyance of the portion of the Real
Property from County to Cascade Divide pursuant to the terms of the Purchase Option, the
allocation of proceeds from that sale shall be subject to the terms of Section 6 of this
Agreement.
6. Allocation of Proceeds. During the Term of this Agreement following the Sale or
Conveyance of any portion of the Real Property to a third party, the parties will each receive
the following: (i) County will receive 50% of the Gross Sale Price, and, (ii) unless otherwise
2 — DESCHUTES COUNTY / CITY OF LA PINE - INTERGOVERNMENTAL AGREEMENT
Deschutes County Document No. 2014-568
agreed in writing by the parties pursuant to Section 7 below, City will be entitled to receive
the balance of the Gross Sales Price which will be subject to reduction based on any Hard
Costs paid at the Sale or Conveyance. City shall be paid directly from the proceeds at the
closing of each Sale or Conveyance.
7. Hard Costs, Gross Sales Price and Lease Value. City shall be responsible for any and all
Hard Costs incurred by City related to the Real Property. City shall not be entitled to offset
any Hard Cost from the Gross Sale Price unless otherwise negotiated and agreed to by the
parties in writing outside the terms of this Agreement. If (and only if) deemed necessary and
agreed to by the parties following each Sale or Conveyance under this Agreement, an
accounting for that transaction shall be prepared that includes the Gross Sale Price, the
addition of any Hard Costs, and the calculation of net sale proceeds for that transaction. A
Sale or Conveyance shall not include any leases existing on the Effective Date of this
Agreement, or any extensions of those leases, nor shall City be entitled to any
compensation or value related to the leases existing as of the Effective Date of this
Agreement.
8. Termination. This Agreement may be terminated at any time by the mutual written
agreement of the parties. This Agreement may be terminated by either party for any reason
or no reason upon sixty (60) days prior written notice to the other party. Termination of this
Agreement shall not affect any obligations or liabilities accrued prior to such termination.
9. Limitation. This Agreement 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. This Agreement is made subject to any and all applicable
federal, state, and local laws, regulations, and/or ordinances.
10. No Partnership and Authorized Representative. Neither party is, by virtue of this
Agreement, a partner or joint venturer in connection with activities carried out under this
Agreement, and shall have no obligation with respect to the other party's debts or any other
liability or obligation of the other party of whatever kind or nature except as specifically
provided herein.
10.1. County's authorized representative for purposes of this Agreement shall be the
Property and Facilities Department Director or the Director's designee.
10.2. City's authorized representative for purposes of this Agreement shall be the City
Manager or the City Manager's designee.
11. Insurance and Indemnification.
11.1. Each party will obtain and maintain insurance policies that provide adequate coverage
for all risks normally insured against by each applicable party, or be self-insured in a
manner that provides the same coverage.
11.2. To the extent permitted by the Oregon Constitution, Article XI, Section 10, and to the
extent permitted by the Oregon Tort Claims Act, ORS 30.260 to 30.300, County shall
defend, indemnify and hold harmless City and City's current and future elected
officials, officers, agents employees, and representatives harmless for, from, and
against any and all claims, demands, lawsuits, or actions for damages, costs, losses,
attorney fees and expenses, arising from County's torts, as the term "tort" is defined in
ORS 30.260(8) and for any of County's breach and/or failure to perform any of the its
representations, warranties, obligations, and/or covenants under this Agreement.
3 — DESCHUTES COUNTY / CITY OF LA PINE - INTERGOVERNMENTAL AGREEMENT
Deschutes County Document No. 2014-568
County's indemnification obligation pursuant to this Section 11.2 will survive the
termination of this Agreement.
11.3. To the extent permitted by the Oregon Constitution, Article XI, Section 10, and to the
extent permitted by the Oregon Tort Claims Act, ORS 30.260 to 30.300, City shall
defend, indemnify and hold harmless County and County's current and future elected
officials, officers, agents employees, and representatives harmless for, from, and
against any and all claims, demands, lawsuits, or actions for damages, costs, losses,
attorney fees and expenses, arising from City's torts, as the term "tort" is defined in
ORS 30.260(8) and for any of City's breach and/or failure to perform any of its
representations, warranties, obligations, and/or covenants under this Agreement.
City's indemnification obligation pursuant to this Section 11.3 will survive the
termination of this Agreement.
12. Representations. County makes no representations or warranties as to the condition of the
Real Property or its suitability for use, including, without limitation zoning designations,
public facilities and utilities, available public services, infrastructure, and environmental
conditions. City acknowledges that the Real Property shall be marketed by City and
conveyed by County as described and agreed to herein "As Is".
13. Mediation. Any disputes under this Agreement that are not resolved by the parties through
direct communication without Mediation as defined below will be promptly submitted to
Mediation in Deschutes County, Oregon, prior to the commencement of litigation. The
mediator will be named by mutual agreement of the parties or by obtaining a list of five (5)
qualified persons from the parties and alternatively striking names. The mediator will have
the duty and responsibility to assist the parties in resolving all issues submitted for
Mediation. The parties agree to use commercially reasonable efforts to cooperate to resolve
all matters in dispute with the assistance of the mediator. The expense of Mediation will be
paid as follows: The parties will share the mediator's fees and expenses equally, unless they
agree otherwise. Mediation will terminate by: a) written agreement signed by the parties, b)
determination by the mediator that the parties are at an irresolvable impasse, or c) two
unexcused absences by either party from the Mediation sessions. The mediator will never
participate in any claim or controversy covered by this Section 13 as a witness or attorney
and may not be called as a witness to testify in any proceeding involving the subject matter
of Mediation. ORS 36.100 to 36.245 will apply to the entire process of Mediation as
provided in this Section 13. The disputing party shall give the other party written notice of
the dispute. Within twenty (20) days after receipt of said notice, the receiving party shall
submit to the other a written response. The notice and response shall include a statement
of each party's position and a summary of the evidence and arguments supporting its
position. The Mediation shall occur at a mutually acceptable time and place within thirty (30)
days of the date of the disputing party's notice and thereafter as often as the parties and the
mediator reasonably deem necessary to exchange relevant information and to attempt to
resolve the dispute. Should the Mediation fail to settle such dispute within sixty (60) days of
the disputing party's notice, or if the party receiving said notice will not meet within thirty (30)
days, either party may terminate Mediation. For the purposes of this Agreement,
"Mediation" means a voluntary process in which the parties continue direct communication
with the assistance of one or more neutral persons as mediators. These mediators have no
authority to require any concessions or agreements, but will attempt to resolve any claim or
controversy arising between the parties.
14. Headings. The headings of this Agreement are for convenience only and shall not be used
to construe or interpret any provisions of this Agreement.
4 — DESCHUTES COUNTY / CITY OF LA PINE - INTERGOVERNMENTAL AGREEMENT
Deschutes County Document No. 2014-568
15. Incorporation of Recitals. The recitals set forth above are hereby incorporated into and
made a part of this Agreement.
16. Applicable Law. This Agreement shall be governed by and interpreted in accordance with
the laws of the State of Oregon. Legal actions must be instituted in the Circuit Court of the
State of Oregon for the County of Deschutes.
17. Severability. Each provision contained in this Agreement will be treated as a separate and
independent provision. The unenforceability of any one provision will in no way impair the
enforceability of any other provision contained herein. Any reading of a provision causing
unenforceability will yield to a construction permitting enforcement to the maximum extent
permitted by applicable law.
18. Remedies Not Exclusive. If either County or City defaults with regard to any provisions of
this Agreement, the defaulting party shall be liable to the other party for any damages
caused by such default. In addition to its other rights or remedies, either party may institute
any legal or equitable action (including, without limitation, an action for specific performance)
to obtain any other remedy consistent with the purpose of this Agreement.
19. Rights and Remedies are Cumulative. Except as otherwise expressly stated in this
Agreement, the rights and remedies of the parties are cumulative, and the exercise by any
party of one or more of such rights or remedies shall not preclude the exercise by it, at the
same or different time, of any other rights or remedies for the same default or any other
default by the other party.
20. Attorney Fees. In the event an action, lawsuit or proceeding, including appeal therefrom, is
brought for failure to fulfill or comply with any of the terms of this Agreement, each party
shall be responsible for their own attorney fees, expenses, costs and disbursements for said
action, lawsuit, proceeding or appeal.
21. No Waiver of Claims. No provision of this Agreement may be modified, waived, and/or
discharged unless such waiver, modification, and/or discharge is agreed to in writing by both
parties. No waiver of either party at any time of the breach of, or lack of compliance with,
any conditions or provisions of this Agreement will be deemed a waiver of other provisions
or conditions hereof.
22. Notice. Any notice required under this Agreement must be in writing. Any notice will be
deemed given when personally delivered or delivered by facsimile transmission (with
electronic confirmation of delivery), or will be deemed given three days following delivery of
the notice by U.S. mail, certified, return receipt requested, postage prepaid, by the
applicable party to the address of the other party first shown above (or any other address
that a party may designate by notice to the other party), unless that day is a Saturday,
Sunday, or legal holiday, in which event it will be deemed delivered on the next following
business day.
23. Entire Agreement and Signatures. This Agreement constitutes the entire agreement
between the parties concerning the subject matter of this Agreement and supersedes any
and all prior or contemporaneous negotiations, discussions, representations and/or
agreements among the parties, if any, whether written or oral, concerning the subject matter
of this Agreement which are not fully expressed herein. This Agreement may not be
5 — DESCHUTES COUNTY / CITY OF LA PINE - INTERGOVERNMENTAL AGREEMENT
Deschutes County Document No. 2014-568
modified or amended except by a writing signed by all parties to this Agreement. This
Agreement may be signed in counterparts. A fax or email transmission of a signature page
will be considered an original signature page. At the request of a party, the other party will
confirm a fax or email transmitted signature page by delivering an original signature page to
the requesting party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
date(s) written below, but made effective for all purposes as of the Effective Date.
DATED this J t "--day of _ , 2014.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY/ OREGON
TAMMYBANEY, Chair
A -'
ANTHONY DEI,ONE, Vice Chair
ALAN UNGER, Commissioner
ATTEST:
Recording Secretary
6 — DESCHUTES COUNTY/ CITY OF LA PINE - INTERGOVERNMENTAL AGREEMENT
Deschutes County Document No. 2014-568
DATED this ld, day of _0 -GA-- 2014.
CITY(i RGONG 0 N
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By
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7 — DESCHUTES COUNTY / CITY OF LA PINE - INTERGOVERNMENTAL AGREEMENT
Deschutes County Document No. 2014568
Exhibit A
The Real Property is comprised of:
On Tax Assessors Map 22-10-14
• Tax Lot 100 - Parcel 2, PP 2010-13
• Tax Lot 101 - Parcel 1, PP 2010-13
• Tax Lot 200 - Tract D, La Pine Industrial Site
• Tax Lot 302 - Parcel 3, PP 2001-41
On Tax Assessors Map 22-10-14DA
• Tax Lot 200 - Lot 3, Finley Butte Industrial Park Phase 1
• Tax Lot 300 - Lot 2, Finley Butte Industrial Park Phase 1
• Tax Lot 400 - Lot 1, Finley Butte Industrial Park Phase 1
On Tax Assessors Map 22-10-14DD
• Tax Lot 100 - Lot 13,
Finley Butte Industrial Park Phase 1
• Tax Lot 200 - Lot 14,
Finley Butte Industrial Park Phase 1
• Tax Lot 300 - Lot 15,
Finley Butte industrial Park Phase 1
• Tax Lot 400 - Lot 12,
Finley Butte Industrial Park Phase 1
• Tax Lot 500 - Lot 11,
Finley Butte Industrial Park Phase 1
• Tax Lot 600 - Lot 16,
Finley Butte Industrial Park Phase 1
• Tax Lot 700 - Lot 17,
Finley Butte Industrial Park Phase 1
• Tax Lot 800 - Lot 10,
Finley Butte Industrial Park Phase 1
• Tax Lot 900 - Lot 9, Finley Butte Industrial Park Phase 1
• Tax Lot 1000 - Lot 8,
Finley Butte Industrial Park Phase 1
• Tax Lot 1100 - Lot 7,
Finley Butte Industrial Park Phase 1
• Tax Lot 1200 - Lot 6,
Finley Butte Industrial Park Phase 1
• Tax Lot 1300 - Lot 5,
Finley Butte Industrial Park Phase 1
• Tax Lot 1400 - Lot 4,
Finley Butte Industrial Park Phase 1
On Tax Assessors Map 22-10-13B
• Tax Lot 1900 - Parcel 2, PP 2000-5
On Tax Assessors Map 22-10-13C
• Tax Lot 200 — Lot 8, La Pine Industrial Site
• Tax Lot 300 — Lot 9, La Pine Industrial Site
• Tax Lot 400 — Lot 10, La Pine Industrial Site
• Tax Lot 700 — Lot 2, La Pine Industrial Site Phase II
EXHIBIT A to DESCHUTES COUNTY/ CITY OF LA PINE -INTERGOVERNMENTAL AGREEMENT
Deschutes County Document No. 2014-568
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LEGAL COUNSEL
FIRST ADDENDUM TO INTERGOVERNMENTAL AGREEMENT
LA PINE INDUSTRIAL LAND SALES
Parties:
County: DESCHUTES COUNTY, a political subdivision of the State of Oregon
City: CITY OF LA PINE, an Oregon municipal corporation
WHEREAS, County and City entered into an Intergovernmental Agreement (DC 2014-568)
with an effective date of November 1, 2014, (the "Agreement") providing terms and conditions
upon which the City will list, market and promote the sale of County owned Real Property zoned
for Industrial uses; and
exhibit;
WHEREAS, the parties desire to amend the Agreement to add a new provision and
NOW, THEREFORE, the parties agree that the Agreement is hereby amended as follows:
7.1 Notwithstanding the provisions of Section 7 above, when a licensed real estate
broker represents (through closing) a buyer to which real property included in this
agreement is sold, and upon verification satisfactory to the County, that broker
shall be entitled to a 3% commission of the Gross Sales Price. Such commission
shall be paid from the proceeds of the sale, with distribution of the remaining
proceeds allocated among County and City as provided in Section 6, above.
Exhibit A
On Tax Assessors Map 22-10-14AB
• Tax Lot 108 - Lot 4, Newberry Business Park
• Tax Lot 111 - Lot 1, Newberry Business Park
• Tax Lot 126 - Lot 63, Newberry Business Park
• Tax Lot 129 - Lot 41, Newberry Business Park
• Tax Lot 131 - Lot 15, Newberry Business Paris
• Tax Lot 132 - Lot 14, Newberry Business Park
• Tax Lot 133 - Lot 13, Newberry Business Park
• Tax Lot 137 - Lot 17, Newberry Business Park
• Tax Lot 138 - Lot 18, Newberry Business Parts
• Tax Lot 139 - Lot 19, Newberry Business Park
• Tax Lot 141 - Lot 43, Newberry Business Park
• Tax Lot 142 - Lot 44, Newberry Business Paris
• Tax Lot 151 - Lot 70, Newberry Business Park
• Tax Lot 152 - Lot 48, Newberry Business Paris
• Tax Lot 153 - Lot 47, Newberry Business Park
• Tax Lot 154 - Lot 46, Newberry Business Park
DC 2016-689 Page 1 of 1 2 sv ,Jlt -, - b" 1
• Tax Lot 155 — Lot 25, Newberry Business Park
• Tax Lot 156 — Lot 24, Newberry Business Park
• Tax Lot 157 — Lot 23, Newberry Business Park
• Tax Lot 161 — Lot 27, Newberry Business Park
• Tax Lot 162 — Lot 28, Newberry Business Park
• Tax Lot 163 — Lot 29, Newberry Business Park
• Tax Lot 164 — Lot 30, Newberry Business Park
• Tax Lot 165 — Lot 31, Newberry Business Park
• Tax Lot 166 — Lot 32, Newberry Business Park
• Tax Lot 167 — Lot 33, Newberry Business Park
• Tax Lot 170 — Lot 51, Newberry Business Park
• Tax Lot 171 — Lot 52, Newberry Business Park
• Tax Lot 172 — Lot 53, Newberry Business Park
• Tax Lot 173 — Lot 74, Newberry Business Park
Except as otherwise provided in this Addendum, the terms and conditions of the Agreement
remain in effect.
COUNTY: DATED this `'day of
dej�qz , 2016
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DE�SCHUTES COUNTY, OREGON
ALAN UNGER, CHAIR
h
TAMMY /BANEY, VICE CHAIR
ANTHONY DEBONE, COMMISSIONER
CITY: DATED this day of
CITY MANAGER, CITY OF LA PINE
CORY MISLEY, CITY MANAGER
DC 2016-689 Page 2 of 2
2016
• Tax Lot 155 — Lot 25, Newberry Business Park
• Tax Lot 156 — Lot 24, Newberry Business Park
• Tax Lot 157 — Lot 23, Newberry Business Park
• Tax Lot 161 — Lot 27, Newberry Business Park
• Tax Lot 162 — Lot 28, Newberry Business Park
• Tax Lot 163 — Lot 29, Newberry Business Park
• Tax Lot 164 — Lot 30, Newberry Business Park
• Tax Lot 165 — Lot 31, Newberry Business Park
• Tax Lot 166 — Lot 32, Newberry Business Park
• Tax Lot 167 — Lot 33, Newberry Business Park
• Tax Lot 170 — Lot 51, Newberry Business Park
• Tax Lot 171 — Lot 52, Newberry Business Park
• Tax Lot 172 — Lot 53, Newberry Business Park
• Tax Lot 173 — Lot 74, Newberry Business Park
Except as otherwise provided in this Addendum, the terms and conditions of the Agreement
remain in effect.
COUNTY: DATED this day of 2016
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, CHAIR
ATTEST: TAMMY BANEY, VICE CHAIR
Recording Secretary ANTHONY DEBONE, COMMISSIONER
Cil
DATED this day of V1& -K-- 2016
CITY MANAGER, CITY OF LA PINE
DC 2016-689 Page 2 of 2
Mayor Ken Mulenex
Councilor Stu Martinez Councilor Kathy Wigan
Councilor Karen Ward Councilor Dennis Scott CITY OF LA PINE
16343 Sixth Street — PO Fox 2460
La Pine.. Oregon 977,39
EXHIBIT F TEL (541) 336-1432 — FAX (341) 336-1462
www' ci.la-pine. or.us
La Pine Industrial Land Leases and Sales
On November 1, 2014 Deschutes County and City of La Pine entered into an Intergovernmental
Agreement (IGA) to ensure that Real Property in Finley Butte Industrial Park and Newberry
Business Park will be preserved and sold for Economic Development opportunities. Economic
Development is defined as efforts that seek to improve the economic well-being and quality of life
for the community by directly creating and/or retaining jobs, improving infrastructure, and
growing both income and the property tax base.
The following criteria are recommended for assessing if a prospective project meets the economic
development intent of the IGA:
1) Is the Project a traded -sector business? (Traded sector businesses predominantly sell their
goods or services to markets outside of the South Deschutes County area).
2) Does the Project create local area jobs?
3) Does the annual average compensation per employee meet the Deschutes County Average
Annual Covered Payroll? (Deschutes County Average Annual Payroll for 2014 = $39,099.
Average compensation includes not only wages and salary but overtime bonuses, insurance
and other financial benefits not mandated by federal, state or local laws).
4) Does the Project provide capital investment in the area?
5) Does this Project provide diversification within the Industrial Park or Business Park? The
City of La Pine may, at its discretion, limit business type to ensure the economic growth and
viability, as well as compatibility with the community.
6) Are there other local businesses that are supported by this Project (e.g. supplier for existing
business, complimentary business, etc.)?
(Note: These criteria are suggested tools for assessing the economic impact a potential
project including creation of living wage jobs, improvement of available infrastructure,
and addition to local income and tax bases. Each situation will be assessed on a case by
case basis, and approval is at the sole discretion of Deschutes County and City of La Pine).
Purchaser:
Type of Business:
Lot #(s):
Criteria
Comments
1
Is the business a traded -sector business?
2
Does the Project create local area jobs?
a) Initial number of employee anticipated?
b) Estimated number of employees when fully
operating?
c) Number of employees transferred from an existing
facility outside of La Pine?
3
Does the annual average compensation per employee meet
the Deschutes County Average Annual Covered Payroll?
(Deschutes County Average Annual Payroll for 2014 =
$39,099
4
Does the Project provide capital investment in the area?
1) Estimated size of building
2) Estimated project cost including land, buildings,
fixed equipment and machinery?
5
Does this business provide diversification of business type
within the Industrial Park or Business Park?
6
Are there other local businesses that are supported by this
new business (e.g. supplier for existing business,
complimentary business, etc.)?
C 5;1l
EXHIBIT G
9-09522 0149°-1405
AGREEMENT
THIS AGREEMENT made and entered into by DESCHUTES ;CQVM— Y. ;a= pp to a
subdivision of the State of Oregon, hereinafter referred to as "County" and LA PIMIDMUSWAL
GROUP, INC., an Oregon nonprofit corporation, hereinafter referred to as "LIG."
RECITALS:
WHEREAS, County is the owner of real property collectively known as the "La Pine
Industrial Site," hereinafter referred to as "La Pine Industrial Park." The La Pine Industrial Park
consists of approximately 350 acres of land, approximately 323 acres of which are zoned
rural/industrial within the La Pine Rural Service Center and 28 acres of which are zoned
industrial/reserve. The La Pine Industrial Park was acquired and developed by Deschutes County
pursuant to ORS 271.520 for the purpose of encouraging development of a diverse and stable
employment base within the community of La Pine; and
WHEREAS, LIG was formed by a group of local citizens with the intent of creating a locally
based non-profit corporation for the purpose of facilitating the development, sale, lease and
management of the La Pine Industrial Park; and
WHEREAS, the parties acknowledge and recognize that it is important for the La Pine area
residents to have a voice in the promotion, development, sale and lease of the La Pine Industrial Park
and that LIG was formed for that purpose, which purpose is intended to be manifested by the terms
and conditions of this Agreement; and
WHEREAS, the parties herein declare that the objective of this Agreement is to memorialize
an arrangement wherein, LIG shall serve as a locally based, independent contractor managing the
La Pine Industrial Park; and
WHEREAS, Deschutes County will continue to hold title to the real property comprising the
La Pine Industrial Park, subject to the right of LIG to develop, promote and coordinate the sale and
leasing of said real property;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
AGREEMENT:
1. Property Description. The real property described on Exhibit "A," attached hereto shall be
designated as the La Pine Industrial Park, which shall be the property that is subject to the
terms and conditions of this Agreement.
2. Purpose of Designation. County hereby designates LIG, hereafter engaged as an
independent contractor for the limited purpose of developing, promoting and coordinating
PAGE 1 OF 10 - AGREEMENT - Deschutes County/La Pine Indust
MAR 2 T
the sale and lease of parcels within the La Pine Industrial Park, subject to the terms and
conditions of this Agreement.
Powers. Subject to the conditions or limitations set forth herein, and under the requirements
of any law or administrative enactment applicable to the property described on Exhibit
LIG shall have the right to perform the following:
A. LIG shall have the right to promote for development, sale and lease the La Pine
Industrial Park for the purpose of the advancement, preservation and protection of
the interests of County in and to such properties.
B. LIG shall have the right to negotiate reasonable non-exclusive listing agreements
with real estate brokers for the sale and lease of the parcels within the La Pine
Industrial Park. It is the intention of LIG that the listing agreements will be with
brokers with offices in the La Pine area.
C. LIG shall be charged with the responsibility for the development of infrastructure
necessary for the development of the La Pine Industrial Park and shalt have the right
to apply for grants to assist in the development of the infrastructure.
D. LIG shall have the authority to file for land use permits as it deems necessary for the
development of the La Pine Industrial Park, subject to County approval.
E. LIG shall have the right to employ such personnel as required for the promotion,
development and coordination of sale and lease of the La Pine Industrial Park. Such
personnel shall be paid from the funds of LIG, shall be employees of LIG, and shall
not be considered employees of County.
F. LIG shall submit to County, for its review and approval, any and all offers for the
purchase or lease of any parcel within the La Pine Industrial Park.
4. Consultation. LIG will advise and consult with County as to site plan and site development
of the La Pine Industrial Park, but LIG is hereby granted authority to submit for land use
approval any and all plans for development.
5. Independent Contractor. LIG is engaged hereby as an independent Contractor, and will be
so deemed for the following purposes as well as all other purposes described within this
Agreement:
A. LIG will be solely responsible for payment of any Federal or State taxes required as
a result of this Agreement.
B. This Agreement is not intended to entitle LIG to any benefits generally granted to
County employees. Without limitation, but by way of illustration, the benefits which
are not intended to be extended by this Agreement to LIG are vacation, holiday and
PAGE 2 OF 10 - AGREEMENT - Deschutes County/La Pine Industrial Group
00149-1407
sick leave, other leaves with pay, tenure, medical and dental coverage, life and
disability insurance, overtime, Social Security. Workers' Compensation,
unemployment compensation, or retirement benefits (except insofar as benefits are
otherwise required by Iaw if LIG is presently a member of the Public Employees
Retirement System).
C. LIG is an independent contractor for purposes of the Oregon Workers' Compensation
law (ORS Chapter 656) and is solely liable for any Workers' Compensation coverage
under this Agreement. If LIG has the assistance of other persons in the performance
of this Agreement, LIG shall qualify and remain qualified for the term of this
Agreement as a direct responsibility employer under ORS 656.407, and furnish
County with evidence of said insurance. If LIG performs this Agreement without the
assistance of any other person, LTG shall execute a Joint Declaration with County's
Workers' Compensation carrier absolving County of any and all liability from
Workers' Compensation provided in ORS 656.029(2).
6. Delegation and -"e orts. LIG shall not delegate the responsibility for providing services
hereunder to any other individual or agency, and shall provide County with periodic reports
to County at the frequency and with the information prescribed to be reported by County.
7. Constraints. Pursuant to the requirements of ORS 279.310 though 279.320 and Article XI,
Section 10, of the Oregon Constitution, the following terms and conditions are made a part
of this Agreement:
A. LIG shall:
(1) make payments promptly, as due, to all persons supplying to LIG labor or
materials for the prosecution of the work provided for in this Agreement;
(2) pay all contributions or amounts due the Industrial Accident Fund from such
LIG or subcontractor incurred in the performance of this Agreement;
(3) not permit any Gen or claim to be filed or prosecuted against County on
account of any labor or material furnished; and
(4) pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
B. If LIG fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to LIG or a subcontractor by any person in connection with this
Agreement as such claim becomes due, the proper offices representing County may
but shall not be obligated to pay such claim to the person furnishing the labor or
services and charge the amount of the payment against funds due or to become due
LIG by reason of this Agreement.
PAGE 3 OF 10 - AGREEMENT - Deschutes County/La Pine Industrial Group
•
C. No person shall be employed for more than eight (8) hours in any one day, or more
than forty (40) hours in any one week, except in cases of necessity, emergency, or
where the public policy absolutely requires it, and in such cases the laborer shall be
paid at least time and one-half pay for all overtime in excess of eight (8) hours a day
and for work performed on Saturday and on any legal holiday specified in ORS
279.334. However, when specifically agreed to under a written labor/management
negotiated labor agreement, the laborer may be paid at least time and one-half pay
for work performed on Martin Luther King, Jr.'s Birthday, President's Day, or on any
other legal holiday specified in ORS 187.020. This section will not apply to exempt
employees.
D. LIG shall promptly, as due, make payment to any person or partnership, association
or corporation furnishing medical, surgical, and hospital care or other needed care
and attention incident to sickness and injury to the employees of LIG, of all sums
which LIG agrees to pay for such services, and all monies and sums which LIG
collected or deducted from the wages of LIG's employees pursuant to any law,
Agreement or agreement for the purpose of providing or paying for such services.
E. This Agreement is expressly subject to the debt limitation of Oregon counties set
forth in Article %I, Section 10, of the Oregon Constitution, and is contingent upon
funds being appropriated therefor. Any provisions herein which would conflict with
law are deemed inoperative to that extent.
8. LIG Not An Agent of County. It is agreed by and between the parties that LIG is not
carrying out a mandated function of County, and County does not have the right of direction
or control of the manner in which LIG delivers services under this Agreement or exercise
any control over the activities of LIG.
9. Partnerft. County is not, by virtue of this Agreement, a partner or joint venturer with LIG
in connection with activities carried out under this Agreement, and shall have no obligation
with respect to LIG's debts or any other liabilities of each and every nature.
10. Insurance. In conjunction with all services performed under this Agreement:
A. LIG shall maintain commercial general liability and property damage insurance with
minimum limits of $500,000 per occurrence/$1 million aggregate. The CGL policy
shall provide:
Coverage A - Bodily Injury and Property Damage
Coverage B - Personal Injury and Advertising Injury
Coverage C - Medical Payments
The policy shall name Deschutes County, its officers, agents, and employees as an
additional insured.
PAGE 4 OF 10 - AGREEMENT - Deschutes County/La Pine Industrial Group
��R
E. LIG shall maintain automobile liability insurance of not less than the following
limits:
- $500,000 combined single limit, or
- split limits of $250,000 per person, $500,000 per occurrence and $100,000 property
damage.
Insurance shall provide coverage for any motor vehicle driven during the course of
providing services under this agreement.
C. All insurance policies shall be written on an occurrence basis and be in effect for the
term of this agreement. Authorization from Deschutes County is required for any
policy written on a claims made basis.
D. Proof of workers compensation from LIG will be required prior to the
commencement of labor.
E. Within 30 days of the execution of this agreement, LIG shall provide County
certificates of insurance or copies of insurance policies and declarations as evidence
of meeting insurance required under this paragraph.
F. LIG shall immediately notify County if any insurance coverage required by this
agreement will be canceled, not renewed, or modified in any way.
G. A 30 -day cancellation notice is required on all policies.
H. Deschutes County reserves the right to require complete, certified copies of all
required insurance policies at any time.
I. Insurance companies shall be those companies authorized to do business in Oregon
and acceptable by Deschutes County,
11. Hold Harmless. LIG 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 LIG in the
performance of this Agreement. LIG further agrees to indemnify, save harmless and defend
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, or failure of LIG to comply with applicable federal, state
or local laws or the terms of this Agreement.
12. Environmental Pollution. The provisions of this section supplement other agreement
provisions that might be applied concerning the LIG's obligations, responsibilities and
liabilities for environmental pollution, present and future, and for compliance with the laws,
regulations or orders of any governmental agency concerning environmental pollution,
present and future, on the premises. To the extent that the provisions of this section conflict
PAGE 5 OF 10 - AGREEMENT - Deschutes County/La Pine Industrial Group
with any such other provisions, the provisions of this section shall control.
Where terms of this section use terms that are found in applicable state and federal
environmental pollution laws, those terms shall have the same meaning as they have in those
state and federal laws.
LIG and Deschutes County acknowledge the existence of an abandoned dump site within the
LaPine Industrial Site which predates the acquisition and ownership of the LaPine Industrial
Site in Deschutes County. The parties acknowledge that said dump site has never been
operated or managed by Deschutes County. LIG herein agrees to not allow use or
development upon the former dump site, wherein Deschutes County releases LIG from any
claim for contamination related to the preexisting dump unless such contamination is caused
or is exacerbated by acts occurring after the effective date of this Agreement.
Except as noted above, LIG agrees that as between Deschutes County and LIG, LIG will
assume responsibility and liability as set forth below in the removal and indemnification
provision for any release or discharge or hazardous, toxic, radioactive, or other dangerous
substances on or about the premises identified as Exhibit "A" in any amount.
LIG covenants that during the term of this Agreement, LIG will not generate, store, process
or dispose of or release or discharge into the environment hazardous, toxic, radioactive or
other dangerous substances on or about the premises identified as Exhibit "A" in any
amount, nor will LIG allow such prohibited activities to take place on the property during
the term of this Agreement.
LIG covenants to report, contain and remove in conformance with applicable state and
federal law any releases of hazardous, toxic, radioactive or other substances regulated under
state or federal pollution control laws that are found on or in the premises during the term
of this Agreement or any releases of such materials found off the premises that originated
from the premises during the Agreement term and to be responsible for the cost of removal
of such substances.
Except as noted above, LIG agrees to indemnify, defend and hold Deschutes County, its
officers, agents and employees harmless from and against any claims, demands, causes of
action or suits for damages, reimbursement or any other cost of compliance, including, but
not limited to, remedial action costs, removal costs, natural resources damages, penalties,
punitive damages, interest costs, attorney fees and damages of any kind to third parties,
arising from the discharge, release or threatened release on or in the premises of any
hazardous, toxic or radioactive substances occurring during the term of this Agreement or
any extension thereof.
The obligations, responsibilities and liabilities of this section are continuing obligations,
responsibilities and liabilities and shall not be extinguished by the termination of this
Agreement.
PAGE 6 OF to - AGREEMENT - Deschutes County/La Pine Industrial Group
t
13. Nondiscrimination. LIG agrees that no person shall, on the grounds of race, color, creed,
national origin, sex, marital status, or age, suffer discrimination in the performance of this
Agreement when employed by LIG. LIG agrees to comply with Title VI of the Civil Rights
Act of 1964, with Section V of the Rehabilitation Act of 1973, and with all applicable
requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.
Additionally, each party shall comply with the Americans with Disabilities Act of 1990 (Pub
L No. 101-336), ORS 659.425, and all regulations and administrative rules established
pursuant to those laws.
14. Liens.
A. Except with respect to activities for which the County is responsible, the LIG shall
pay as due all claims for work done on and for services rendered or material
furnished to the subject real property and shall keep the real property free from any
liens. If LIG fails to pay any such claims or to discharge any lien, County may do
so and collect the cost as additional rent. Any amount so added shall bear interest
at the rate of nine per cent (9%) per annum from the date expended by County and
shall be payable on demand. Such action by County shall not constitute a waiver of
any right or remedy which County may have on account of LIG's default.
B. LIG may withhold payment of any claim in connection with a good faith dispute over
the obligation to pay, so long as County's property interests are not jeopardized. If
a lien is filed as a result of nonpayment, LIG shall, within thirty (30) days after
knowledge ofthe filing, secure the discharge of the lien or deposit with County cash
or a sufficient corporate surety bond or other surety satisfactory to County in an
amount sufficient to discharge the lien plus any costs, attorney fees and other charges
that could accrue as a result of a foreclosure or sale under alien.
15. Non -Appropriation. In the event sufficient funds shall not be appropriated for the payment
of consideration required to be paid under the Agreement, and if County has no funds legally
available for consideration from other sources, then County may terminate this Agreement
in accordance with paragraph 20 of this Agreement.
16. ExistingFunds. County hereby agrees to pay to LIG any and all sums that currently exist
in the La Pine Industrial Park fund being administered by Deschutes County for the purposes
set forth in this Agreement.
17. Future Revenues. While this Agreement is in effect, County agrees to pay to LIG any and
all funds it shall receive from the sale or lease of real property within the La Pine Industrial
Park as consideration for the performance of the duties of LIG under the terms and
conditions of this Agreement. Disbursements will be made on a quarterly basis on January
15, April 15, July 15, and October 15.
18. Use of Funds. LIG covenants that it shall use all funds received from County or otherwise
generated by acting within the La Pine Industrial Park for the public purpose of economic
PAGE 7 OF 10 - AGREEMENT - Deschutes County/La Pine Industrial Group
development and development of public infrastructure within the La Pine Industrial Park,
and for no other purpose.
19. Financial Reviews. LIG shall provide County with a monthly expenditure report for the first
six months of this agreement and then quarterly reports thereafter. LIG agrees that any
public funds under the control of LIG shall be expended only as provided by law in
accordance with the terms and conditions of this Agreement.
20. Administrative Fee. LIG shall pay to Deschutes County an administrative fee of $5,000
annually, to be received by County by July 31 of each year. A fee of $2,500 will be charged
for the remaining 1995-96 fiscal year.
21. Termination. This Agreement is for an indefinite term and may be terminated by County or
LIG upon the giving of notice in writing to the other party at least 30 days before the
effective date of said notice of termination. The Agreement may be terminated without
cause, and LIG waives any claim against County, its officers, agents and employees. In the
event of termination, LIG covenants to immediately transfer all funds on hand or funds
subsequently received with respect to activities at the La Pine Industrial Park to County.
Upon notice of termination, LIG shall be barred from encumbering or expending funds
except upon the specific authorization of County, nor shall LIG enter into additional
contracts or financial obligations upon receipt of notice of termination.
22. Surrender of Property. In the event of termination, LIG shall immediately turn over to
County, any County owned real property held or used by LIG. All financial or legal
documents pertaining to County owned real property as well as funds received from or owed
to County shall be deemed personal property of County and shall be returned to County no
later than the effective date of termination.
23. Litigation Fees and Expenses. In the event an action, suit or proceeding, including appeal
therefrom, is brought for failure to observe any of the terms of this Agreement, each party
shall be responsible for their own attorney's fees, expenses, costs and disbursements for said
action, suit, proceeding or appeal.
24. Transfer. The LIG shall not transfer, assign, sell, or in any manner hypothecate or pledge
this Agreement. This Agreement shall terminate automatically upon any such transfer,
assignment, sale, hypothecation or pledge.
25. Regulation. LIG covenants to comply with all local, state and federal laws, regulations, rules
and ordinances in siting, contracting, developing and constructing new facilities and
infrastructure.
26. Notices. All notices under this Agreement shall be in writing and delivered personally or
mailed by certified mail, postage paid, addressed to the parties as herein described.
PAGE 8 OF 10 - AGREEMENT - Deschutes County/La Pine Industrial Group
COUNTY:
Susan Mayea, Program Manager
Deschutes County Administration
1130 N.W. Harriman
Bend, Oregon 97701
9149-1413
LIG:
La Pine Industrial Group, Inc.
P.O. Box 1440
La Pine, Oregon 97739
27. Nonwaiver. No delay or failure by either party to exercise any right under this Agreement,
and no partial or single exercise of that right, shall constitute a waiver of that or any other
right, unless otherwise expressly provided herein.
28. Agreement Not a Land Use Permit. This Agreement does not constitute a land use permit,
nor does acceptance of this Agreement by Deschutes County constitute approval of any
legislative or quasi-judicial action required as a condition precedent to use of land for the
intended purpose.
29. Headings. Headings in this Agreement are for convenience only and shall not be used to
interpret or construe its provisions.
30. Construction. This Agreement shall be construed in accordance with and governed by the
laws of the State of Oregon.
31. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the
benefit of both parties and their respective legal representatives, successors and assigns.
32. Time Is of the Essence. Time is of the essence in each and every provision of this
Agreement.
33. Severability. The parties agree that if any term or provision of this Agreement is declared
by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of
the remaining terms and provisions shall not be affected, and the rights and obligations of
the parties shall be construed and enforced as if the Agreement did not contain the particular
term or provision held to be invalid.
34. Integration. This Agreement contains the entire Agreement between County and LIG with
respect to its subject matter and may be amended only by subsequent written agreement
between the parties. Except for those which are set forth in the Agreement, no
representations, warranties or promises have been made by County or LIG to one another
with respect to this Agreement. This Agreement supersedes all agreements previously made
between the parties relating to its subject matter. There are no other understandings or
agreements between them.
35. A11thoft The signatories to this Agreement covenant that they have the legal authority to
bind their respective principals to the terms, provisions and obligations contained within this
Agreement.
PAGE 9 OF 10 - AGREEMENT - Deschutes County/La Pine Industrial Group
36. Corporate Resolution. This agreement shall be adopted by corporate resolution at a regular
or special meeting of the LIG Board. A copy certified by the corporate secretary shall be
furnished to Deschutes County.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
first above written.
COUNTY: DATED this day of , 1996.
ATTEST:
°cording Secretary
LIG: DATED this day of
OF COUNTY COMMISSIONERS
ITla,Y/
BARRY. SLAUGHT Commissioner
RO ERT L. NIPPER, Co ssioner
1996.
LA PINE INDUSTRIAL GROUP, INC
B nn
TITLE: C"Ie'a j
PAGE 10 OF 10 - AGREEMENT - Deschutes County/La Pine Industrial Group
ELLEN F. ROSENBLUM
Attorney General
MARY H. WILLIAMS
Deputy Attorney General
La Pine Industrial Group, Inc.
PO Box 1440
La Pine, OR 97739
RE: Registration Closure
Registration #43743
Dear Ladies/Gentlemen:
DEPARTMENT OF JUSTICE
PORTLAND OFFICE
April 30, 2013
1515 SW 5th Avenue
Suite 410
Portland, Oregon 97201
FAX: (971) 673-1882
TTY: (800) 735.2900
Telephone: (971) 673-1880
www. doj.state.or.us
We are in receipt of your letter and the dissolution plan requesting closure of your charity file,
which is in accordance with ORS 65.627. The Attorney General has no objection to your closing
or the transfer of assets.
We will close our file once we receive the 2012 CT -12, which will be due November 15, 2013. In
addition, the IRS Form 990 included with the 2011 CT -12 was for the 2010 fiscal period. Please
forward the correct form for the 2011 fiscal period.
Thank you for providing our office with the appropriate notice.
Sincerely,
Rhonda Poweff
Rhonda Powell
Charitable Activities Section
cc: Karnopp Petersen, LLP
La Pine Industrial Group. I n C Developers of the La Pine Industrial Park
P.O. Box 1440 La Pine, OR 97739 Ph/Fax 541/536-9042
Lapineig®uci.net
June 5, 2013
Dear Members
This is notification that the La Pine Industrial Park Group, Inc. has received
approval from the Department of Justice for dissolution and transfer assets.
The Board of Directors has authorized the dissolution of the La Pine
Industrial Group Inc as the function of the Economic Development has
been assumed by the City of La Pine.
All remaining assets will be distributed in accordance with the dissolution
filing.
The Board would like to thank everyone who has been involved with The
Group over the years for their time and energy. Nothing would have been
accomplished without you.
Sincerely
Rex Lesueur
Secretary
Please confirm your receipt of this notification by return email.
0 La Pine I n d u stri l L G ro u p o Inc. Developers of the La Pine industrial Park
P.O. Box 1440 La Pine, OR 97739 Ph/Fax 541/536-9042 lapineig@uci.net
January 3, 2013
Anthony DeBone, Chairman
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200
Bend, OR 97701
Re: December 3, 2012 Termination Letter
This letter confirmation of receipt of the "Notice to Terminate" the Agreement dated January
31, 1996 between Deschutes County and La Pine Industrial Group, Inc. (LIGI) effective January
7, 2013.
The LaPine Industrial Group, Inc. would to thank Deschutes County for the opportunity to
develop the county property in partnership and the excellent relationship we have enjoyed
working with
Susan Ross and Teresa Rozic.
Pursuant to the notification letter LIGI will suspend all operations and not enter into any new
contracts. In accordance with the agreement LIGI will return funds on hand in Washington
Federal Premium Money Market account to the Deschutes County Treasurer.
LIGI is on a fiscal year July 1— June 30 and is currently in the process of transferring phone,
internet services and all records to the City of LaPine with the assistance of Kathy DeBone. A
result of this process is that LIGI will have financial obligations for transfer fees and final bills
that will prevent us from closing the checking account at this time. In addition LIGI will have
obligations for tax and corporation filings to be completed either after lune 30, 2013 or before
if possible to dissolve the corporation prior to fiscal year end. LIGI will maintain a checking
account for this period of time to meet any financial obligations. A check register will be
available for County review to justify any expenditure beyond the January 7, 2013 date.
Thank you again for the opportunity afforded us.
Sincerely,
Vic Russell, President
LaPine Industrial Group, Inc.
Visit our Web Site at: www.lapineindustriaLorg`
La Pine Industrial Group® Inc® Developers of the La Pine dndustrfal Park
P.O. Box 1440 La Pine, OR 97739 Ph/Fax 541/536-9042
January 4, 2013
Deschutes County Treasurer
Finance Department
1300 NW Wall Street, Suite 200
Bend, OR 97701
Re: LaPine Industrial Group, Inc. Funds
lapineig@uci.net
Pursuant to the "Notice of Termination" for the Agreement between LaPine Industrial Group,
Inc. and Deschutes County enclosed is Cashier Check #157041 in the amount of $223446.01 in
accordance with instructions from the Board of County Commissioners.
Also enclosed is a copy of the statement dated 11-30-2013, a copy of the Washington
Federal/South Valley Bank receipt showing account closed and a copy of the letter from the
Board of County Commissioners.
Sincerely,
Darwin H. Thurston, Treasurer
LaPine Industrial Group, Inc.
Cc:, Anthony DeBone, Chairman
Vic Russell, President
Visit our Web Site at: www.LapineindustriaL.org
division of
Washington
invested here
Thank You!
This is your receipt. We suggest
you keep this receipt until your
nmxmumment-
Dr #: 2282 CB #: 759 Pers #: 6781U
Date/Gme Posted� O1 -O4 -2O13 O2:42,17 F�
Effective: U1-04-2O1J
CLS Amount� -223`450.6O
The deposit for which this receipt is issued isaccepted subject mthe conditions appearing nnthe deposit slip.
Deposits may not ueavailable for immediate withdrawal.
Klamath Falls, OR 97601
C6 -shier 157041
96-0597/1232
DATE AMOUNT
January 04, 2013 *****223,446.01
PAY Deschutes County Treasurer*
TO THE
ORDER F . Hundred
OF Two Hundred Twenty -Three Thousand our Forty -Six and 01/100
Authorized Signature
Memo
11® 1570L. ills 1: 1 23 205973i- 3000 00 2 2111
CUSTOMER RECEIPT
Cashier
"NOTICE TO PURCHASER"
CHECK NUMBER
If this instrument is lost, stolen, or destroyed, you
may request cancellation and reissuance. As a condition
of your request, SVBT may, impose a. fee and will require
DATE
a declaration of loss and an indemnity agreement.
157041
January 04, 2013
****-223,446.01
Deschutes County Treasurer************************ I NON-NEGOTIABLE
P.O. Box 5210
Klamath Falls, OR 97601
southvalleybank.com
oz of RETURN SERVICE REQUESTED
ytiYa LA PINE INDUSTRIAL GROUP, INC.
PO BOX 1440
i934a LA PINE OR 97739-1440
06988
IIIIII III IIII III I ISO INIJill I'III IIIII Jill III IIII llllllll,ullll'
INT SUMMARY
Premium Money Market -Business $223,398.70
6 °P
831527091 1 of 1
Statement Start Date: 11-01-2012
Statement End Date: 11-30-2012
SVBT - La Pine
51535 S. Huntington Rd
La Pine OR 97739
(541)536-9232
Number of Checks: 0
SOUTH VALLEY BANK & TRUST is now
Washington Federal.
invested here.
Systems conversion will take place during the first quarter of
2013. Please know that you will receive notification well in
advance of any changes. It is our goal for the transition to be
seamless for our clients. Please watch for additional details.
PREMIUM MONEY MARKET -BUSINESS - Running Balance Summary.
Account #; 831827091
Interest Eamed Y I D: 4 G.91
Beginning Interest
Service Ending
Balance + Deposits + Paid - Withdrawals
- Charges = Balance
$223,352.93 $0.00 $45.77 $0.00
$0.00 $223,398.70
Transaction 'Effective
Date _ Date Withdrawal Deposit New Balance Transaction Description
11/01 223,352.93 Beginning Balance
11/30 45.77 223,398.70 Credit Interest
The amount of Interest earned between 11-01-2012 and 11-30-2012 is $45.77.
The average daily balance during this period was $223,352.93.
The minimum balance during this period was $223,352.93.
The Annual Percentage Yield Earned for this account is 0.25%.
Interest Earned YTD: 490.91.
3055 rev 04-11
Deschutes County Official Records 2017-37409
W-- IX,WE- D Nancy Blankenship, County Clerk
LEGAL COUNSEL (III�III��I I��) III) 31411111111
II��II II �II NO FEE
011136121201701037
09/18/2017 03:07:43 PM
NPPS Cnt=1 Stn•2 A
This Is a no lee document
For Recording Stamp On
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
In the Matter of Repealing and Amending
Covenants, Conditions and Restrictions for ORDER NO. 2017-033
Industrial Land in La Pine, OR
WHEREAS, Deschutes County owned (owns), developed and sold industrially zoned land in
La Pine, Oregon; and
WHEREAS, Deschutes County, as the owner and developer of the industrially zoned land in
La Pine had the authority to create and apply Covenants, Conditions and Restrictions (CCR"S) to
such lands to guide development prior to the incorporation of the City of La Pine; and,
WHEREAS, the current applicable land use regulations adopted and administered by the City
of La Pine are duplicative of the CCR's and are appropriate to now govern land development; and,
WHEREAS, the CCR's for the La Pine Industrial Park (recorded with the Deschutes County
Clerk at Vol. 321, Page 1574) and the Newberry Business Park (recorded with the Deschutes County
Clerk at 2002-08641) were subject to a vote of the owners as specified therein for repeal and
amendment respectively, saving the architectural requirements for the Newberry Business Park; and,
WHEREAS, the result of the vote was in favor of the proposed repeal and amendments; and,
WHEREAS, the architectural review standards for the Newberry Business Park shall continue
to apply as amended; and,
WHEREAS, a subcommittee of the Sunriver La Pine Economic Development board will act as
the architectural review committee (ARC) for the Newberry Business Park; and,
WHEREAS, upon adoption of architectural review regulations by the City of La Pine for the
industrially zoned lands within the Newberry Business Park the architectural standards applicable
through the CCR's shall automatically expire; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. The CCR's for the La Pine industrial Park (recorded with the Deschutes County
Clerk at Vol. 321, Page 1574) are repealed in entirety.
Section 2. The CCR's for the Newberry Business Park (recorded with the Deschutes County
Clerk at 2002-08641) are amended to include only those architectural review, enforcement and
administrative requirements as included in Exhibit A, attached hereto.
PAGE 1 of 2 ORDER NO 2017-033
Section 3. A 3 -member subcommittee of the Sunriver La Pine Economic Development Board,
as appointed from within, will serve as the Architectural Review Committee for the architectural
standards applicable to the Newberry Business Park.
Section 4. The CCR's applicable to the Newberry Business Park as contained in Exhibit A
attached hereto shall automatically expire upon adoption of architectural regulations for industrially
zoned lands by the City of La Pine.
DATED this 2—) day of September, 2017.
BOARD OF COUNTY COMMISSIONERS
OFD CH TES COUNTY, OREGON
ml�qvw'
TAMMY AN Y, Ch
ATTEST: ANTHOt4Y DEBONE, Vice �r \
Recording Secretary PHILIP G. HE ERS , Commissioner
PACE 2 OF 2 ORDER NO 2017-033
Exhibit A to Order #2017-033
AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
NEWBERRY BUSINESS PARK
PURPOSE AND INTENT
The purpose and intent of these Restrictive Covenants as adopted and imposed by the
Declarant (Deschutes County) is to provide guidance for the architectural design of new
construction in the Newberry Business Park, also known as the La Pine Industrial Site Phase III,
which is depicted and described in Exhibit A. Except where this Declaration conflicts with any
applicable government regulations, this Declaration shall be binding upon all owners, lessees,
licensees, occupants and users of the property subject to this Declaration and their successors
in interest as set forth herein.
DESIGN PHILOSOPHY
Newbery Business Park is being developed to foster the creation of family wage jobs in the La
Pine Area by providing improved sites for smaller users within the overall La Pine Industrial
Park. However, it is also the purpose of the Declarant to provide a business environment that
will enhance La Pine's image as a business location in Deschutes County. The Architectural
Controls included herein are intended to establish, preserve and protect a quality environment
for its tenants and the La Pine community. It is the intent of the Declarant to ensure strict
conformance with these Restrictive Covenants in order to adhere to this design philosophy.
SECTION 1. DEFINITIONS
1.1 Block: The term Block shall mean those areas designated as Blocks on subdivision or
partition maps according to the records of Deschutes County.
1.2 Declarant: The term Declarant shall mean Deschutes County.
1.3 Declaration: The Declaration shall mean this Amended Declaration of Covenants,
Conditions and Restrictions for Newberry Business Park.
1.4 Design Review Committee: The Design Review Committee is that committee
established at the sole discretion of and by Order of the Deschutes County Board of
Commissioners.
1.5 Earth Tones: Subdued colors which are generally found in the surrounding landscape.
1.6 Improvements: The term improvements shall include but is not limited to, any buildings,
outbuildings, fences and barriers, retaining walls, stairs, decks and all other structures
above the land surface.
1.7 Lot: The term Lot shall mean the fractional part of the Blocks as divided and subdivided
on subdivision or partition maps according to the records of Deschutes County.
1.8 Owner: Owner shall mean and refer to all holders of fee title to any Lot.
SECTION 2. PROPERTY SUBJECT TO THE COVENANTS, CONDITIONS AND
RESTRICTIONS FOR NEWBERRY BUSINESS PARK
2.1 General Declaration Creating Newberry Business Park: Declarant hereby declares that
all of the real property located in Deschutes County, Oregon, described in Exhibit A is
and shall be hypothecated, encumbered, leased, occupied, built upon, or otherwise
used, improved or transferred in whole or part subject to this Declaration. All of said
Restrictions are declared and agreed to be in furtherance of the general plans of the
subdivision and are established with the purpose of protecting the desirability and
attractiveness of said real property and every part thereof. All of the Covenants,
Conditions and Restrictions of Newberry Business Park run with all of said property for
all purposes and shall be binding upon and inure to the benefit of Declarant and all
Owners and their successors in interest as set forth in this Declaration.
SECTION 3. ARCHITECTURAL CONTROLS
3.1 Design Review Committee: Declarant directs the creation of a Design Review
Committee for the purpose of applying architectural controls within the Newbery
Business Park. Such Design Review Committee shall be comprised of three members of
which all three members shall be members of the city or any contracted agency's
economic development advisory board. Upon the adoption of an architectural or design
review committee by the City of La Pine, the Design Review Committee shall disband
and transfer all responsibilities to the City of La Pine's Architectural or Design Review
Committee,
3.2 Approval Required: No improvements shall be erected on any land subject to
this Declaration until plans or specifications have been submitted to and approved in
writing by the Design Review Committee.
3.3 Procedure: Prior to erecting or expanding any permanent structure on any land subject
to this Declaration, any entity proposing to construct any improvements within Newberry
Business Park shall follow the procedures and be subject to the approvals required by
Paragraphs 3.4 through 3.8. Failure to follow such procedures or obtain such approvals
as required by Paragraphs 3.4 through 3.8 below shall be deemed a breach of this
Declaration.
3.4 Required Documents: Any owner proposing to utilize, improve, or develop real property
within the Newberry Business Park shall submit to the Design Review Committee the
following items for review:
(A) A full set of stamped architectural plans including building elevation drawing
3.5 Review: All pians and drawings identified in Paragraph 3.4 above shall be submitted to
the Design Review Committee for review prior to construction of any permanent
structure. The Design Review Committee shall review the plans and shall inform the
owner of the proposed facility in writing whether the plans conform to Design Review
Committee standards. Those plans that are professionally executed better aid the
Design Review Committee in determining the conformity of the plans. In the event owner
is not notified as to the conformity of the plans within the 30 -day review period, the plans
are conclusively presumed to be approved as submitted. In the event any aspect of any
2
of the development plans does not conform to the Design Review Committee standards,
the owner shall resubmit those non -conforming portions of the plans for review in
accordance with the procedures outlined in Paragraph 3.4 above, and this Paragraph.
No permanent structures may be constructed unless and until all aspects of all plans
required under Paragraph 3.4 above have been approved by the Design Review
Committee.
3.6 Architectural Guidelines: The development concept for the Newberry Business Park
shall be determined by the Design Review Committee in accordance with applicable
statutes, ordinances, regulations, zoning and other governmental land use controls. In
an effort to maintain architectural integrity of the Newberry Business Park, the Design
Review committee shall require any new construction in the Newberry Business Park to
comply with the following six architectural guidelines:
1. All building exteriors shall be in an earth tone color scheme.
2. Raw materials shall not be visibly stored between the road and new building.
3. If process design allows, Public Entrance to new facilities may not be on North side of
the building for winter safety.
4. All buildings shall have covered public entryways.
5. All buildings shall 2 foot eaves visible from the road.
Special consideration will be given to any building pursuing LEED certification.
Architectural guidelines setting forth various aspects of the development concept, in
addition to this Declaration, may be published from time to time by the Design Review
Committee, but the Design Review Committee shall not be required to do so. The
Design Review Committee shall have the right to alter, rescind, or amend any published
guidelines without prior notice to any party; provided however, that once approval has
been given pursuant to Paragraph 3.5 above, work may proceed in accordance with the
approved plans and drawings, notwithstanding any changes in the development
concept. All such guidelines shall be in general conformity with this Declaration.
3.7 Inspection: All work related to any building, structure, or facility within the Newberry
Business Park shall be performed in conformity with the plans and drawings approved
under Paragraph 3.5 above. The Design Review Committee shall have the right to
inspect any such work to determine its conformity with the approved plans and drawings.
In the event that it is determined in good faith by the Design Review Committee that
certain work is non -conforming, the Design Review Committee may require the Owner to
correct all non -conforming work specified in the notice before full operations commence
at the facility. Commencement of full operations without correction of any such non-
conforming items shall be deemed a breach of this Declaration. The Design Review
Committee or officer, director, employee, agent, or servant of Declarant shall not be
responsible for damages, loss, delay, cost or legal expense occasioned through an order
given in good faith if it is ultimately determined that such work was in conformity with the
approved plans and drawings.
3.8 Waiver: Any condition or provision of Paragraphs 3.3 through 3.7 above may be waived
by the Design Review Committee in their exclusive discretion. Any waiver shall be in
general conformity with the development concept and development standards for the
Newberry Business Park. Any such waiver shall not be deemed a general waiver of any
aspect of the development concept or the required procedures and approvals specified
under Paragraphs 3.3 through 3.7. The granting of a waiver as to one Owner shall not
automatically entitle any other Owner to the waiver of the same or similar conditions or
provisions. No waiver shall be valid unless it is in writing signed by an authorized
representative of the Design Review Committee and delivered by certified mail to the
party claiming the benefit of such waiver.
3.9 Control by the Design Review Committee: The Design Review Committee, as
established by Order of the Deschutes County Board of Commissioners (Declarant),
shall exclusively exercise all architectural controls prescribed under this Declaration,
until such time as the Declarant terminates it's interest (by ownership or otherwise) in
any and all property in Newberry Business Park.
3.10 Duration: The Covenants, Conditions and Restrictions of Newberry Business Park shall
continue to remain in full force and effect at all times with respect to all property, and
each part thereof, now or hereafter made subject to (subject however to the right to
amend and repeal as provided herein) for a period of fifteen (15) years from the date this
Amended Declaration is recorded, However, unless within one (1) year from the date of
said termination there shall be recorded an instrument directing the termination of this
Declaration signed by the Owners of not less than two-thirds (2/3) of the property then
subject to this Declaration, based on the number of lots subject to these Restrictions
(excluding dedicated streets) this Declaration, as in effect immediately prior to the
expiration date, shall be continued automatically without further notice for an additional
period of ten (10) years and thereafter for successive periods of ten (10) years unless
within one year prior to the expiration of such period the Covenants, Conditions and
Restrictions for Newberry Business Park are terminated as set forth above in this
Section.
3.11 Amendment: This Declaration or any provision thereof, of any Covenant, Condition or
Restriction contained herein, may be terminated, extended, modified or amended, as to
the whole of said property or any part thereof with a written consent of the Owners of
two-thirds (2/3) of the property subject to these Restrictions based on the number of lots
owned as compared too the total number of Lots subject to these Restrictions (excluding
dedicated streets). Provided, however, that as long as Declarant owns at least twenty
five percent (25%) of the property subject to these Restrictions, no such termination,
extension, modification or amendment shall be effective without written approval of the
Declarant.
3.12 Recordation: Any amendment, deletion or repeal of this Declaration shall not become
effective until recorded in the Official Records of Deschutes County.
3.13 Enforcement: This Declaration shall be specifically enforceable by the Declarant and its
designated Design Review Committee, or by any Owner of any Lot in Newberry
Business Park. However, enforcement of the Declaration shall not be mandatory or
obligatory of the Declarant and its designated Design Review Committee, or by any
Owner of any Lot in Newberry Business Park. Any breach of this Declaration shall
subject the breaching party to any and all legal remedies, including damages. In the
event that legal suit or legal action is instituted for the enforcement of this Declaration or
for any remedy for the breach of this Declaration, the prevailing party shall recover that
party's reasonable attorney fees incurred in such suit or action (or any appeal therefrom)
as adjusted by the trial of the appellate court.
3.14 Nonqualifying Improvements and Violation of General Protective Covenants:
4
(A) Suit or Action.
(B) Attorney Fees.
SECTION 4. EFFECT OF DECLARATION
The Covenants, Conditions and Restrictions of this Declaration shall run with the land included
within the Newberry Business Park and shall bind, benefit and burden each Lot within Newberry
Business Park. The terms of this Declaration shall inure to the benefit and shall bind Declarant,
along with all their successors, assigns, heirs, administrators, executors, mortgagees, lessees,
invitees or any other party claiming or deriving any right, title or interest or use in or to any real
property in Newberry Business Park. The regulations set forth herein shall be binding upon all
Owners, lessees, licensees, occupants and users of the property known as Newberry Business
park and their successors in interest as set forth in this Declaration, including any person who
holds such interest as security for payment of an obligation including any mortgages or other
security holder in actual possession of any Lot by foreclosure or otherwise and any other person
taking title from such security holder.
DECLARANT:
DATED this L5
day of� �'�� BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Recording Secretary
STATE OF OREGON )
) ss.
County of Deschutes )
Before me, a Notary Public, personally appeared TAMMY BANEY, ANTHONY DEBONE and PHILIP G.
HENDERSON the above-named Board of County Commissioners of Deschutes County, Oregon and
acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED this day of��'
My Commission Expires:
Notary Public for Oregon
OFFICIAL STAMP
SHARON RENEE 8058
NOTARY PUBLIC -OREGON
COMMISSION NO. 928178
MY COMMISSION EXPIRES MAY 04, 2018
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Print Page
Shopping Confirmation:
Dear Ms. Jessica Campbell,
Thank you for your recent Purchase!
For your records, here is a summary of your Purchase from Association Of Oregon Counties.
Date/Time: 10/9/2017 6:34 PM
Page 1 of 2
Purchase Submitted
Thank you. Your purchase has been submitted. Please reference the confirmation number below for this purchase
Your confirmation number is: 016770
Billing Address
Jessica Campbell
1300 Nw Wall St
Bend OR 97703-1959
United States
(541) 330-4686
jessica.campbell@deschutes.org
Items in Cart
Shopping Cart Items Amount Quantity Total
2017 AOC Annual Conference
Group Registration
Lee Randall
Event - 2017 AOC Annual $100.00 1$100.00
Conference
Ms. Jessica Campbell
Event - 2017 AOC Annual $100.00 1$100.00
Conference
Current Purchases Amount $200.00
Taxes $0.00
Shipping $0.00
Current Purchases Total $200.00
Purchased By
Ms. Jessica Campbell
Customer ID: 006020
(Organization: Deschutes County)
(541) 330-4686
jessica.campbell@deschutes.org
Payment
Total: $200.00
Payment: $200.00
Balance: $0.00
Payment Method: Credit Card
$200.00 1 $0.00
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Print Page Page 2 of 2
Card Type: MasterCard
Card Number: a_*****"""7446
Card Date: 10/2020
Cardholder Name: Ms. Jessica Campbell
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F (EWE D Deschutes County Official Records
S fEWED 2017-37409
Nancy Blankenship, County Clerk
LEGAL COUNaEL II�IIIlIIII IIIIIIIIIIIIII II I II IIII Illllllllf N III NO FEE
01138121201700374090080084
09118/2017 03:07:43 PM
D-IPPS Cnt=1 Stn=2 JS
This Is a no fee document
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
In the Matter of Repealing and Amending
Covenants, Conditions and Restrictions for ORDER NO. 2017-033
Industrial Land in La Pine, OR
WHEREAS, Deschutes County owned (owns), developed and sold industrially zoned land in
La Pine, Oregon; and
WHEREAS, Deschutes County, as the owner and developer of the industrially zoned land in
La Pine had the authority to create and apply Covenants, Conditions and Restrictions (CCR"S) to
such lands to guide development prior to the incorporation of the City of La Pine; and,
WHEREAS, the current applicable land use regulations adopted and administered by the City
of La Pine are duplicative of the CCR's and are appropriate to now govem land development; and,
WHEREAS, the CCR's for the La Pine Industrial Park (recorded with the Deschutes County
Clerk at Vol. 321, Page 1574) and the Newbery Business Park (recorded with the Deschutes County
Clerk at 2002-08641) were subject to a vote of the owners as specified therein for repeal and
amendment respectively, saving the architectural requirements for the Newberry Business Park; and,
WHEREAS, the result of the vote was in favor of the proposed repeal and amendments; and,
WHEREAS, the architectural review standards for the Newberry Business Park shall continue
to apply as amended; and,
WHEREAS, a subcommittee of the Sunriver La Pine Economic Development board will act as
the architectural review committee (ARC) for the Newberry Business Park; and,
WHEREAS, upon adoption of architectural review regulations by the City of La Pine for the
industrially zoned lands within the Newberry Business Park the architectural standards applicable
through the CCR's shall automatically expire; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. The CCR's for the La Pine Industrial Park (recorded with the Deschutes County
Clerk at Vol. 321, Page 1574) are repealed in entirety.
Section 2. The CCR's for the Newberry Business Park (recorded with the Deschutes County
Clerk at 2002-08641) are amended to include only those architectural review, enforcement and
administrative requirements as included in Exhibit A, attached hereto.
PAGE 1 of 2 ORDER NO 2017-033
Section 3. A 3 -member subcommittee of the Sunriver La Pine Economic Development Board,
as appointed from within, will serve as the Architectural Review Committee for the architectural
standards applicable to the Newberry Business Park.
Section 4. The CCR's applicable to the Newberry Business Park as contained in Exhibit A
attached hereto shall automatically expire upon adoption of architectural regulations for industrially
zoned lands by the City of La Pine.
DATED this 2—) day of September, 2017.
BOARD OF COUNTY COMMISSIONERS
OF DrCHL4TES COUNTY, OREGON
t�kyvy' (
TAMMY IIANEY, Ch
ATTEST: — ANTHO VY DEB ONE Vice it
cording Secretary PHILIP G. HE ERS Commissioner
PAGE 2 OF 2 ORDER NO 2017-033
Exhibit A to Order #2017-033
AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
NEWBERRY BUSINESS PARK
PURPOSE AND INTENT
The purpose and intent of these Restrictive Covenants as adopted and imposed by the
Declarant (Deschutes County) is to provide guidance for the architectural design of new
construction in the Newberry Business Park, also known as the La Pine Industrial Site Phase 111,
which is depicted and described in Exhibit A. Except where this Declaration conflicts with any
applicable government regulations, this Declaration shall be binding upon all owners, lessees,
licensees, occupants and users of the property subject to this Declaration and their successors
in interest as set forth herein.
DESIGN PHILOSOPHY
Newbery Business Park is being developed to foster the creation of family wage jobs in the La
Pine Area by providing improved sites for smaller users within the overall La Pine Industrial
Park. However, it is also the purpose of the Declarant to provide a business environment that
will enhance La Pine's image as a business location in Deschutes County. The Architectural
Controls included herein are intended to establish, preserve and protect a quality environment
for its tenants and the La Pine community. It is the intent of the Declarant to ensure strict
conformance with these Restrictive Covenants in order to adhere to this design philosophy.
SECTION 1. DEFINITIONS
1.1 Block: The term Block shall mean those areas designated as Blocks on subdivision or
partition maps according to the records of Deschutes County.
1.2 Declarant: The term Declarant shall mean Deschutes County.
1.3 Declaration: The Declaration shall mean this Amended Declaration of Covenants,
Conditions and Restrictions for Newberry Business Park.
1.4 Design Review Committee: The Design Review Committee is that committee
established at the sole discretion of and by Order of the Deschutes County Board of
Commissioners.
1.5 Earth Tones: Subdued colors which are generally found in the surrounding landscape.
1.6 Improvements: The term improvements shall include but is not limited to, any buildings,
outbuildings, fences and barriers, retaining walls, stairs, decks and all other structures
above the land surface.
1.7 Lot: The term Lot shall mean the fractional part of the Blocks as divided and subdivided
on subdivision or partition maps according to the records of Deschutes County.
1.8 Owner: Owner shall mean and refer to all holders of fee title to any Lot.
SECTION 2. PROPERTY SUBJECT TO THE COVENANTS, CONDITIONS AND
RESTRICTIONS FOR NEWBERRY BUSINESS PARK
2.1 General Declaration Creating Newberry Business Park: Declarant hereby declares that
all of the real property located in Deschutes County, Oregon, described in Exhibit A is
and shall be hypothecated, encumbered, leased, occupied, built upon, or otherwise
used, improved or transferred in whole or part subject to this Declaration. All of said
Restrictions are declared and agreed to be in furtherance of the general plans of the
subdivision and are established with the purpose of protecting the desirability and
attractiveness of said real property and every part thereof. All of the Covenants,
Conditions and Restrictions of Newberry Business Park run with all of said property for
all purposes and shall be binding upon and inure to the benefit of Declarant and all
Owners and their successors in interest as set forth in this Declaration.
SECTION 3. ARCHITECTURAL CONTROLS
3.1 Design Review Committee: Declarant directs the creation of a Design Review
Committee for the purpose of applying architectural controls within the Newberry
Business Park. Such Design Review Committee shall be comprised of three members of
which all three members shall be members of the city or any contracted agency's
economic development advisory board. Upon the adoption of an architectural or design
review committee by the City of La Pine, the Design Review Committee shall disband
and transfer all responsibilities to the City of La Pine's Architectural or Design Review
Committee.
3.2 Approval Required: No improvements shall be erected on any land subject to
this Declaration until plans or specifications have been submitted to and approved in
writing by the Design Review Committee.
3.3 Procedure: Prior to erecting or expanding any permanent structure on any land subject
to this Declaration, any entity proposing to construct any improvements within Newberry
Business Park shall follow the procedures and be subject to the approvals required by
Paragraphs 3.4 through 3.8. Failure to follow such procedures or obtain such approvals
as required by Paragraphs 3.4 through 3.8 below shall be deemed a breach of this
Declaration.
3.4 Required Documents: Any owner proposing to utilize, improve, or develop real property
within the Newberry Business Park shall submit to the Design Review Committee the
following items for review:
(A) A full set of stamped architectural plans including building elevation drawing
3.5 Review: All plans and drawings identified in Paragraph 3.4 above shall be submitted to
the Design Review Committee for review prior to construction of any permanent
structure. The Design Review Committee shall review the plans and shall inform the
owner of the proposed facility in writing whether the plans conform to Design Review
Committee standards. Those plans that are professionally executed better aid the
Design Review Committee in determining the conformity of the plans. In the event owner
is not notified as to the conformity of the plans within the 30 -day review period, the plans
are conclusively presumed to be approved as submitted. In the event any aspect of any
2
of the development plans does not conform to the Design Review Committee standards,
the owner shall resubmit those non -conforming portions of the plans for review in
accordance with the procedures outlined in Paragraph 3.4 above, and this Paragraph.
No permanent structures may be constructed unless and until all aspects of all plans
required under Paragraph 3.4 above have been approved by the Design Review
Committee.
3.6 Architectural Guidelines: The development concept for the Newberry Business Park
shall be determined by the Design Review Committee in accordance with applicable
statutes, ordinances, regulations, zoning and other governmental land use controls. In
an effort to maintain architectural integrity of the Newberry Business Park, the Design
Review committee shall require any new construction in the Newberry Business Park to
comply with the following six architectural guidelines:
1. All building exteriors shall be in an earth tone color scheme.
2. Raw materials shall not be visibly stored between the road and new building.
3. If process design allows, Public Entrance to new facilities may not be on North side of
the building for winter safety.
4. All buildings shall have covered public entryways.
5. All buildings shall 2 foot eaves visible from the road.
Special consideration will be given to any building pursuing LEED certification.
Architectural guidelines setting forth various aspects of the development concept, in
addition to this Declaration, may be published from time to time by the Design Review
Committee, but the Design Review Committee shall not be required to do so. The
Design Review Committee shall have the right to alter, rescind, or amend any published
guidelines without prior notice to any party; provided however, that once approval has
been given pursuant to Paragraph 3.5 above, work may proceed in accordance with the
approved plans and drawings, notwithstanding any changes in the development
concept. All such guidelines shall be in general conformity with this Declaration.
3.7 Inspection: All work related to any building, structure, or facility within the Newberry
Business Park shall be performed in conformity with the plans and drawings approved
under Paragraph 3.5 above. The Design Review Committee shall have the right to
inspect any such work to determine its conformity with the approved plans and drawings.
In the event that it is determined in good faith by the Design Review Committee that
certain work is non -conforming, the Design Review Committee may require the Owner to
correct all non -conforming work specified in the notice before full operations commence
at the facility. Commencement of full operations without correction of any such non-
conforming items shall be deemed a breach of this Declaration. The Design Review
Committee or officer, director, employee, agent, or servant of Declarant shall not be
responsible for damages, loss, delay, cost or legal expense occasioned through an order
given in good faith if it is ultimately determined that such work was in conformity with the
approved plans and drawings.
3.8 Waiver: Any condition or provision of Paragraphs 3.3 through 3.7 above may be waived
by the Design Review Committee in their exclusive discretion. Any waiver shall be in
general conformity with the development concept and development standards for the
Newberry Business Park. Any such waiver shall not be deemed a general waiver of any
aspect of the development concept or the required procedures and approvals specified
under Paragraphs 3.3 through 3.7. The granting of a waiver as to one Owner shall not
automatically entitle any other Owner to the waiver of the same or similar conditions or
provisions. No waiver shall be valid unless it is in writing signed by an authorized
representative of the Design Review Committee and delivered by certified mail to the
party claiming the benefit of such waiver.
3.9 Control by the Design Review Committee: The Design Review Committee, as
established by Order of the Deschutes County Board of Commissioners (Declarant),
shall exclusively exercise all architectural controls prescribed under this Declaration,
until such time as the Declarant terminates it's interest (by ownership or otherwise) in
any and all property in Newberry Business Park.
3.10 Duration: The Covenants, Conditions and Restrictions of Newberry Business Park shall
continue to remain in full force and effect at all times with respect to all property, and
each part thereof, now or hereafter made subject to (subject however to the right to
amend and repeal as provided herein) for a period of fifteen (15) years from the date this
Amended Declaration is recorded. However, unless within one (1) year from the date of
said termination there shall be recorded an instrument directing the termination of this
Declaration signed by the Owners of not less than two-thirds (2/3) of the property then
subject to this Declaration, based on the number of lots subject to these Restrictions
(excluding dedicated streets) this Declaration, as in effect immediately prior to the
expiration date, shall be continued automatically without further notice for an additional
period of ten (10) years and thereafter for successive periods of ten (10) years unless
within one year prior to the expiration of such period the Covenants, Conditions and
Restrictions for Newberry Business Park are terminated as set forth above in this
Section.
3.11 Amendment: This Declaration or any provision thereof, of any Covenant, Condition or
Restriction contained herein, may be terminated, extended, modified or amended, as to
the whole of said property or any part thereof with a written consent of the Owners of
two-thirds (213) of the property subject to these Restrictions based on the number of lots
owned as compared too the total number of Lots subject to these Restrictions (excluding
dedicated streets). Provided, however, that as long as Declarant owns at least twenty
five percent (25%) of the property subject to these Restrictions, no such termination,
extension, modification or amendment shall be effective without written approval of the
Declarant.
3.12 Recordation: Any amendment, deletion or repeal of this Declaration shall not become
effective until recorded in the Official Records of Deschutes County.
3.13 Enforcement: This Declaration shall be specifically enforceable by the Declarant and its
designated Design Review Committee, or by any Owner of any Lot in Newberry
Business Park. However, enforcement of the Declaration shall not be mandatory or
obligatory of the Declarant and its designated Design Review Committee, or by any
Owner of any Lot in Newberry Business Park. Any breach of this Declaration shall
subject the breaching party to any and all legal remedies, including damages. In the
event that legal suit or legal action is instituted for the enforcement of this Declaration or
for any remedy for the breach of this Declaration, the prevailing party shall recover that
party's reasonable attorney fees incurred in such suit or action (or any appeal therefrom)
as adjusted by the trial of the appellate court.
3.14 Nonqualifying Improvements and Violation of General Protective Covenants:
4
(A) Suit or Action.
(B) Attorney Fees.
SECTION 4. EFFECT OF DECLARATION
The Covenants, Conditions and Restrictions of this Declaration shall run with the land included
within the Newberry Business Park and shall bind, benefit and burden each Lot within Newberry
Business Park. The terms of this Declaration shall inure to the benefit and shall bind Declarant,
along with all their successors, assigns, heirs, administrators, executors, mortgagees, lessees,
invitees or any other party claiming or deriving any right, title or interest or use in or to any real
property in Newberry Business Park. The regulations set forth herein shall be binding upon all
Owners, lessees, licensees, occupants and users of the property known as Newberry Business
park and their successors in interest as set forth in this Declaration, including any person who
holds such interest as security for payment of an obligation including any mortgages or other
security holder in actual possession of any Lot by foreclosure or otherwise and any other person
taking title from such security holder.
DECLARANT:
DATED this L5 day of ,--A"AW—r BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY,
,qE
ANTOOVY BONE, Vice it
Recording Secretary PHILIP G. HEN ERS N, Commiss
STATE OF OREGON )
SS'
County of Deschutes )
Before me, a Notary Public, personally appeared TAMMY BANEY, ANTHONY DEBONE and PHILIP G.
HENDERSON the above-named Board of County Commissioners of Deschutes County, Oregon and
acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED this /3 day of -'
f --� ,� �
My Commission Expires:
Notary Public for Oregon
OFFICIAL STAMP
SHARON RENEE ROSS
NOTARY PUBLIC -OREGON
COMMISSION NO. 928178
MY COM IMION EXPIRES MAY 04, 2018
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Traditional Commercial Commercial / Residential Mixed Use Master Plan Residential= Riparian Area - Little Deschutes River
Mixed Use Commercial Public Facility Residential Single -Family ME Open Space & Park
Neighborhood Commercial Industrial Residential Multi -Family Exclusive Farm Use
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PLANNING SUBMITTAL— APRIL 7, 2006 REVISED JUNE 28,2006
am CRESCENT CREEK
QUADRANTS 2A, 2B, & 2D
o s COVER SHEET, VACINITY MAP
ahlischHome Sr-- —F STANDARD
- -
271.440
PUBLIC LANDS
prior dedication or grant of the area for
street or highway purposes. [1969 c.586 §2; 1981
c.787 §37]
271.440 Agreements for location of
transmission lines on property of political
subdivision. Any political subdivision, own-
ing or controlling any real property or rights
therein, may enter into agreements with the
United States or any agency thereof, relative
to the conditions for and places where elec-
trical and other transmission lines may be
placed and maintained across that property.
The agreements may be in perpetuity or for
a shorter period. However, an agreement
shall not affect the constitutional rights of
any owners of private property who do not
join therein. [Formerly 758.030; 1981 c.787 §381
271.445 Installation of fiber-optic lines
on public land and in public right of way.
(1) It is the intent of the Legislative Assem-
bly that the state inform city and county
governments of applications for the installa-
tion of fiber-optic lines on public land and in
public rights of way that have been submit-
ted to state agencies.
(2) The Governor shall direct the De-
partment of Transportation and the Depart-
ment of State Lands to take such action as
necessary to ensure that affected city and
county governments are informed of applica-
tions for the installation and maintenance of
fiber-optic lines on public land and in public
rights of way that have been submitted to
the state agencies. [1999 c.1093 §401
Note: 271.445 was enacted into law by the Legisla-
tive Assembly but was not added to or made a part of
ORS chapter 271 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for fur-
ther explanation.
ACQUISITION AND DISPOSITION
OF INDUSTRIAL FACILITIES
271.510 Definition of "industrial facil-
ity" for ORS 271.510 to 271.540. As used in
ORS 271.510 to 271.540, "industrial facility"
means any land, any building or other im-
provement, and all real and personal proper-
ties, including, but not limited to, machinery
and equipment deemed necessary in con-
nection therewith, whether or not now in
existence, which shall be suitable for use for
industrial, commercial, manufacturing, re-
search and development or warehousing pur-
poses, but shall not include port facilities,
railroads or facilities for any purposes or en-
terprises which are subject to regulation by
the Public Utility Commission of Oregon.
[1965 c.553 §2; 1981 c.787 §39; 1983 c.459 §13; 1985 c.541
§3]
271.520 Declaration of legislative pur-
pose. It is hereby declared that there is a
need for the continued development of in-
dustrial, commercial, manufacturing, re-
search and development and warehouse
facilities to insure the growth and prosperity
of the state, and of the counties and cities
within the state. It is the purpose of ORS
271.510 to 271.540 to provide the counties and
cities within the state with the power to ac-
quire title by gift, grant or donation to one
or more industrial facilities and to lease, sell
and convey such facilities to any person,
firm, partnership or corporation, either pub-
lic or private. It is further declared that the
acquisition of title to such facilities and the
lease, sale and conveyance of such facilities
as provided by ORS 271.510 to 271.540 is a
public purpose and shall be regarded as per-
forming an essential governmental function
in carrying out the provisions of ORS 271.510
to 271.540. [1965 c.553 §1; 1983 c.459 §14]
271.530 Powers of counties and cities
to acquire and dispose of industrial facil-
ities. In addition to any other powers which
they may now have, and notwithstanding any
law to the contrary, each county and city
shall have the following powers:
(1) To acquire by gift, grant or donation
one or more industrial facilities, which shall
be located within the state, and which may
be located within, without, or partially
within or partially without, such county or
city.
(2) To lease to any person, firm, partner-
ship or corporation, either public or private,
any or all of such industrial facilities ac-
quired pursuant to subsection (1) of this sec-
tion from a nonprofit corporation formed for
the purpose of stimulating industrial devel-
opment, including any part thereof, for such
rentals and upon such terms and conditions
and for such period or periods as the gov-
erning body of the appropriate county or city
may deem advisable.
(3)(a) To sell or convey all or any of such
industrial facilities acquired by a county, in-
cluding any part thereof, at public or private
sale, with or without advertisement, and to
do all acts necessary to the accomplishment
of such sale and conveyance.
(b) To sell or convey all or any of such
industrial facilities acquired by a city, in-
cluding any part thereof, at public or private
sale as authorized under ORS 221.725 or
221.727, and to do all acts necessary to the
accomplishment of such sale and conveyance.
[1965 c.553 §3; 1983 c.216 §3]
271.540 County or city operation of
industrial facility; exception. A county or
city shall not operate an industrial facility
as a business enterprise or in any manner
except as a lessor. [1965 c.553 §41
Title 25 Page 122 (2015 Edition)
Board of County Commissioners
P.O. 13o -x, 6005 • r3e*,A Oregow 47708
1.300 NW Wa(L Street; S"4e, 206 • r3e,,/L&, Oregov, 97703
TEL (54 1) 388-0570 • FAX (541) 385-3202
W^ww:o(,eydn.,�.org
January 25, 2016
J. Paul Loether
National Register of Historic Places
USDOI National Park Service - Cultural Resources
1201 Eye Street NW, 8th Floor
Washington, DC 20005
RE: Pilot Butte Canal Historic District Nomination for National Register of Historic Places
Mr, Loether:
Thank you for the opportunity to comment on the nomination of a segment of the Pilot Butte Canal as a
historic district on the National Register of Historic Places.
Prior to the submission of the subject nomination of a segment of the Pilot Butte Canal as a Historic
District on the National Register of Historic places, the Central Oregon Irrigation District (COLD) had
entered into an agreement with the State Historic Preservation Office (SHPO) and the Bureau of
Reclamation to complete the Multiple Property Documentation (MPD) process. This process is a study of
COID's entire system looking at all main canal segments in COID's 400+ mile canal system and identify
the segments of both the Pilot Butte Canal and the Central Oregon Canal of the COIR system that are best
suited for preservation. This process has not yet been completed.
The Deschutes County Board of County Commissioners (Board) respectfully requests this nomination be
suspended until the MPD process is completed.
In addition, there a number of other issues and factors to thoroughly analyze and understand pertaining to
this segment of the Pilot Butte Canal while simultaneously determining its historic value, such as its role
in regional water conservation. A comprehensive study of this segment of the Canal should be completed.
Addressing any one issue (i.e., historic designation) in isolation of the others may limit or preclude
possibilities for the future.
Thank you for your consideration.
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Alan Mgi er, C air
C
f i` r /i
TammyBice Chair
v
Anthony DeBone, Commissioner
Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner
10/10/2017 Email Address to send your statement in favor of preserving our canal - rogaus@gmaii.com - Gmail
To: Oregon Parks and Recreation Department
State Historic Preservation Office
ATTR : Tracy Zeller
725 Summer Street NE, Suite C Salem, OR 97301
Date: 1019117
With this statement, I certify that 1, Roger R. Austin, am the sole or partial o,,Aj--,,er of the prop" located at 21805 Bear Creek
Rd., Bend, OR 97701, which is a private property located in the proposed Central Oregon Canal Historic District in Deschutes
County, Oregon, and 1 support the listing of said property in the National Register of Historic Places.
Legal Narne(s) on Title:
Chris & Christine Drape
Roger & Frances Austin
Statementofsupport:
My personal history to Bend in central Oregon goes back to 1949 when I was 6 years old. We lived it-, the foothills below
Awbrey Butte—which was my summer playground. Often my mother would pack me a peanut and butter & jelly sandwich lunch
and I would climb up on a water tower which overlooked the cascades mountains and the city beloNiv. An old abandoned flume
circled the east side of the butte and my friends and I would walk along that stretch, imagining what it must have been. like
before any development. 1 would often ride my bike to the mill sites on the Deschutes River where a sea of logs 1.,11ould be fed
up the conveyer chute to be milled into lumber. I spent much time with the draft horses that pulled the lumber on rail cars
around the site. The sights and sounds are with me still. 1 loved the Deschutes River and Tumalo Creek and was familiar with
the many canals that they fed. I logged many miles on my bike along the canals and market roads.
I returned to live in Bend permanently in 1981. I wanted my own ch1dren to experience. what I had so enjoyed in childhood. We
bought a home above Shevilin Park, a stones throw from the TumBlo Irrigation District canal. It brought back many wonderful
memories of historic Bend and the surrounding area. 1JV-- were disappointed when this section of the canal ,,vas piped. We
mourned the loss of all the ponderosa pines along the canal that died shortly thereafter. We worried that our community well
might run dry as it was very close to the canal and was over 900 ft. deep. Mostly I regretted the loss of yet another historic
memory of my boyhood. So much had changed since I v,,,as a little boy. The Pilot Butte Inn was gone without even a marker or
monument to its history. !)P-ias glad to see the old mill sites remernbered by leaving a fc-,Ai of the historic buildings.
A year ago we moved to Bear Creek Rd. where the COIR canal borders our property. Once again 1 felt close to my own histonj
and those who came before me. I smile to think that we will preserve enough of that history for the benefit of generations to
come. Everyday I am reminded of vinat has always been the most v,,,onderfu I feallu res of hi Storic Bend: our viater sources, our
mountains and beautiful sky above. I have keepsakes, including a room keyto the Pilot Butte Inn, a few horseshoes from
the old Sheviin Hixon MKII, and a brick from the Kenwood School gymnasium that was built when I was in first grade there and
has now been lost to a roof collapse.
My hobby is repurposing old things and making them useful again, It matters to me that we value the old, ever, as we value the
6
new. The past., present and future are interconnected in ways even beyond our scientific understanding. This includes
everything from viater molecules to photons to human beings. The uncertainty principle is a fact of iiia. There is much that we
know. There is much more that we do not know. Ail of that to say that when it comes to managing water resources, not
everything we do can guarantee a certain result vvhe-,%,ve consider all the factors involved. One of the mysteries of quaritunn
physics is that even the act of observing can determineoutcomes. I feel like an observer in this process of preserving some
canal history. All of us have a stake in the outcome.
Preserving a small Traction of this historic canal seems prudent and a small price to pay without sacrificing the desired end
result for all concerned.
Respectfully subalifted,
Roger Austin
https:Hmail.goc,gle.com/mail/u/O/?shva=l #sent/'I 5fD3291487e3c2c
Via Email
Deschutes County Commissioners
C/O James Lewis, Property Manager
James. Lewis@deschutes.org
PO Box 6005
Bend, OR 97708-6005
Dear Commissioners:
{OFFICE OF THE SUPERINTENDENT
Education Center
20 V.w !gall Sue t
Bend, Oregon 97703
August 23, 2017
The purpose of this letter is to request that the County release a reversionary clause on property that the
County conveyed to Bend LaPine Schools in 1965 (attached. The property is located on Shevlin Road (Map
and Tax lot: 1711230000600). The District is considering trading this property for other land which would be
better suited for construction of a school.
ORS 271.335 provides: "Any political subdivision, by resolution adopted by the governing body of the
political subdivision, may waive and relinquish any reversionary interest held by the political subdivision in
property transferred under ORS 271,330 when the transfer occurred not less than 20 years prior to the date
on which the resolution is adopted."
We are asking that you release the reversionary interest by quit claim deed as it has been over 50 years since
the transfer, and the land will still further the construction of needed school facilities. We appreciate the
County's continued support of our schools and would be happy to explain our request in greater detail if you
would like.
Sincerely,
?aykalson
Superintendent
B E
N
D
L
A
P 4
iii E
S
h o
o
s
Via Email
Deschutes County Commissioners
C/O James Lewis, Property Manager
James. Lewis@deschutes.org
PO Box 6005
Bend, OR 97708-6005
Dear Commissioners:
{OFFICE OF THE SUPERINTENDENT
Education Center
20 V.w !gall Sue t
Bend, Oregon 97703
August 23, 2017
The purpose of this letter is to request that the County release a reversionary clause on property that the
County conveyed to Bend LaPine Schools in 1965 (attached. The property is located on Shevlin Road (Map
and Tax lot: 1711230000600). The District is considering trading this property for other land which would be
better suited for construction of a school.
ORS 271.335 provides: "Any political subdivision, by resolution adopted by the governing body of the
political subdivision, may waive and relinquish any reversionary interest held by the political subdivision in
property transferred under ORS 271,330 when the transfer occurred not less than 20 years prior to the date
on which the resolution is adopted."
We are asking that you release the reversionary interest by quit claim deed as it has been over 50 years since
the transfer, and the land will still further the construction of needed school facilities. We appreciate the
County's continued support of our schools and would be happy to explain our request in greater detail if you
would like.
Sincerely,
?aykalson
Superintendent
vm 143 ow 3,44
b1git
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srDhtiiWI5 OV OF °!'iffi STAIT IDP DItlffiM Orantor, tot- and Sea oonsideration of floe
saes of One and DOAM dollsm (LOO), sand Other good and aalufibla oomi&r-
O innte, $a it paid by '6IXD WWM 4110"'M VU- 2, Baud, 1Dsact ut" Ommty, Dragon,
Great", dose ha4rob7 grant, ba"aft, saU and cony unto the said 8raaltseit®a
aasnaaaoovo and SSMI rue,. SU the ,faucets, real yropar5y, with the tate""ats, h "*-
di.taeasantg anol appurttermoftaw, sltuatad is the �'m ty of Y�matrutag, Sttatae of d}regans
3reantdod and descriiead as tallow, to.e1tr
That Portion of ttw Santieusst Quasar of ttae Southeast Ouartor,
( )s seaati.on °hymn three (92.3)3 TOWUPhIP S*T tttrsn (17) South,
Rance Merwastt (n), L.tt,tf., lyinx north of the Sl whin Merlmot Road,
Deeehatab 0ovatx, Dmpn„
Thteae prswtssb *hall be usod onlr for school purpo*es sand in the
&waat said, propart7 is Uesd lots any other purpose other than sabool
pwpas os' title to said prap+5or4y *hail revert to the Oftntot.
30 Nava and to Hold the aba" &Worihod and V40tad praeiase unto the
said Orantaa, itto aueamom and aasdgtsa foroaasr.
11 vrk'mns momr, Ua, 1a, b.9 i'enhollow, 0. F. Baker and R. W. moC..n,
the dull' da3.#aataa4, quallfiad anti voting tolju t7 judge and Counter poegsisalonara of
amid Deschutes CDo mty, antro for and am lfattali of Ddentshriltea County, Draw no, hfta:rs
hereunto not our fort and afCisnd the *aal of staid Cott, in a regular wwnthlr
ea»bti ,� C Tbbd 9!Y965.W tram aasting of t afrty bausingba t1lin � ® day of
e t 191�i5a
DtwMEPm Rr)m=, bZtge w
Lle
anrn f •
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sun Y peas so over
MTN or ORXNN }
County of Daochataa ) as
Be Ir RtWOtEritM, That on this 7th dAy jai ma
M, the undorerlgned, a Notarw utt c in an -9"x °said Cnu�`-asvf" �3t"�' fir} batora
sr -
ed herr OhAUY thV within 0,41"d D. L. Panh2lloar Count judge,Y n. ' 0. W.
#*Cann, County Roasaiaaionara of Datrchutee County$ state o)o# t ho or and v t o
Me to bo than id"tical'Adi"U'la doanrAbOd ice and whin saaeuto the within �lrfstru..
wants aawr Aeknbx2++49ed to w thIt tbay maetrt4d thta now,
11 ; j rTV'd: URVMF, I have beraunto Got WT hand and notarial goal the day
ant trw `ii • Owes erritten.
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