2018-97-Minutes for Meeting January 22,2018 Recorded 3/21/2018Recorded in Deschutes County CJ2018-97
Nancy Blankenship, County Clerk
Commissioners' Journal 03/21/2018 2:45:25 PM
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2018-97
For Recording Stamp Only
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 BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Monday, January 22, 2018
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present
were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David
Doyle, County Counsel; and Sharon Ross, Board Executive Assistant. No representatives of the
media were in attendance.
CALL TO ORDER: Chair DeBone called the meeting to order at 10:02 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT: None was offered.
Minutes of Board of Commissioners' Business Meeting January 22, 2018
Page 1 of 5
CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent
Agenda.
BANEY: Move approval.
HENDERSON: Second.
VOTE: BANEY: Yes.
HENDERSON
DEBONE:
Consent Agenda Items:
Yes.
Chair votes yes. Motion Carried
1. Consideration of Board Signature of Order 2018-001, Assigning the Name of Grange
Court to an Unnamed Local Access Road
2. Consideration of Board Signature on Letter Reappointing Julie Craig to the Noxious
Weed Advisory Board
3. Consideration of Board Signature on Letters Thanking Marlo Fisher and Jerry Rood for
their Service on the Noxious Weed Advisory Board
4. Consideration of Board Signature on Letters Appointing David Huntley and Stacey Witte
to the Deschutes County Public Health Advisory Board for terms through August 31,
2021
5. Approval of Minutes of the November 27, 2017 Work Session
6. Approval of Minutes of the December 6, 2017 Business Meeting
7. Approval of Minutes of the December 6, 2017 Work Session
8. Approval of Minutes of the December 13, 2017 Work Session
9. Approval of Minutes of the December 18, 2017 Business Meeting
10. Approval of Minutes of the December 18, 2017 Work Session
11. Approval of Minutes of the December 19, 2017 Budget Committee Meeting
12. Approval of Minutes of the December 20, 2017 Special Meeting
ACTION ITEMS
13. Wildfire Mitigation Award
Ed Keith, County Forester and Alison Green, Project Wildfire Coordinator were present
along with the Project Wildfire partners to acknowledge the receipt of the award. County
Administrator Tom Anderson gave comment on the honor of the award for Project
Wildfire as the only recipient of this award in the state of Oregon this year. The Board
Minutes of Board of Commissioners' Business Meeting January 22, 2018
Page 2 of 5
spoke on the hope and strength in protecting our communities from wildfire and the great
work of the Project Wildfire team.
14. Certification of Title III Expenditures for the 2017 Calendar Year
Ed Keith, County Forester presented this item for consideration. Expenses for the 2017
calendar year are required to be reported through the Secure Rural Schools Act that
provides funding for Title III for three categories of Search and Rescue on forest service
lands, Firewise communities, and Community Wildfire Protection Plans.
HENDERSON: Move approval
BANEY: Second
VOTE: HENDERSON: Yes
BANEY: Yes
DEBONE: Chair votes yes. Motion Carried
15. Consideration of County Administrator's Signature for an Economic Development
Loan Conversion
Judith Ure, Management Analyst presented this item for consideration. The request is to
convert an economic development loan to a grant. The initial loan was made in 2014.
Kip Barrett from EDCO and Kate Dunning, Vice President of Finance of Hmm
Kombucha were also present to report on Hmm Kombucha's business history.
BANEY: Move approval.
HENDERSON: Second.
VOTE: BANEY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
Minutes of Board of Commissioners' Business Meeting January 22, 2018
Page 3 of 5
16. Consideration of Approval of Document No. 2018-061, Transportation SDC
Installment Payment Agreement
Chris Doty, Public Works Director presented the item for consideration. Mr. Doty
explained the SDC Installment Payment Plan process.
BANEY: Move approval.
HENDERSON: Second.
VOTE: BANEY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
17. Consideration of Board Signature of Document No. 2018-057, an Intergovernmental
Agreement with Oregon Department of Transportation for the Sisemore Road
Bridge Project
Chris Doty, Public Works Director presented this item for consideration. In 2015, the
Road department applied for funding to rehabilitate the historic bridge. This agreement
authorizes the project and allows the County to exchange the federal funding obligated
for the project.
BANEY: Move approval.
HENDERSON: Second.
VOTE: BANEY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
18. Consideration of Board Signature of Document No. 2018-014, Intergovernmental
Agreement with Oregon Health Authority
Pamela Ferguson, Kathy Christensen, and James Wood, Health Services presented this
item for consideration. The grant program provides for services for HIV prevention
programs within Health Services.
Minutes of Board of Commissioners' Business Meeting January 22, 2018
Page 4 of 5
BANEY: Move approval.
HENDERSON: Second.
VOTE: BANEY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
OTHER ITEMS:
County Administrator Anderson commented an action item that should have been on this
Wednesday's agenda was pulled and inquired if the Business meeting agenda should be changed
to a different day or moved to the Work Session that afternoon. The Joint Meeting with the City
of Sisters is also that evening. Commissioners suggested the agenda be moved and to cancel the
Business Meeting.
ADJOURN
Being no further items to come before the Board, the meeting was adjourned at 11:06 a.m.
DATED this l Day of F4, brUAe!:jf—,2018 for the Deschutes
County Board of Commis Toners.
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Minutes of Board of Commissioners' Business Meeting
Page 5 of 5
Anthony DeBone, Chair
�a
Philip G. He4jerson, Vice hair
Tammy Baney, CoAnissioner
January 22, 2018
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 AM, MONDAY, JANUARY 22, 2018
Barnes and Sawyer Rooms - Deschutes Services Center — 1300 NW Wall Street — Bend
Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be considered or
discussed 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. Business Meetings are usually recorded on video and audio, and can be viewed by the public
live or at a later date; and written minutes are taken for the record.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues
that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the
Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to
speak. PLEASE NOTE. Citizen input regarding matters that are or have been the subject of a public hearing not
being conducted as a part of this meeting will NOT be included in the official record of that hearing.
If you offer or display to the Board any written documents, photographs or other printed matter as part of your
testimony during a public hearing, please be advised that staff is required to retain those documents as part of the
permanent record of that hearing.
CONSENT AGENDA
1. Consideration of Board Signature of Order 2018-001, Assigning the Name of Grange
Court to an Unnamed Local Access Road
2. Consideration of Board Signature on Letter Reappointing Julie Craig to the Noxious
Weed Advisory Board
3. Consideration of Board Signature on Letters Thanking Mario Fisher and Jerry Rood for
their Service on the Noxious Weed Advisory Board
Board of Commissioners Business Meeting Agenda Monday, January 22, 2018 Page 1 of 3
4. Consideration of Board Signature on Letters Appointing David Huntley and Stacey Witte
to the Deschutes County Public Health Advisory Board for terms through August 31,
2021
5. Approval of Minutes of the November 27, 2017 Work Session
6. Approval of Minutes of the December 6, 2017 Business Meeting
7. Approval of Minutes of the December 6, 2017 Work Session
8. Approval of Minutes of the December 13, 2017 Work Session
9. Approval of Minutes of the December 18, 2017 Business Meeting
10. Approval of Minutes of the December 18, 2017 Work Session
11.Approval of Minutes of the December 19, 2017 Budget Committee Meeting
12. Approval of Minutes of the December 20, 2017 Special Meeting
ACTION ITEMS
13. Wildfire Mitigation Award - Whitney Hale, Public Information Officer
14. Certification of Title III Expenditures for the 2017 Calendar Year - Ed Keith, Forester
15. Consideration of County Administrator's Signature for an Economic Development Loan
Conversion - Judith Ure, Management Analyst
16. Consideration of Approval of Document No. 2018-061,Transportation SDC Installment
Payment Agreement - Chris Doty, Public Works Director
17. Consideration of Board Signature of Document No. 2018-057, an Intergovernmental
Agreement with Oregon Department of Transportation for the Sisemore Rd Bridge
Project. - Cody Smith, County Engineer
18. Consideration of Board Signature of Document No. 2018-014, Intergovernmental
Agreement with Oregon Health Authority - George Conway, Health Services Director
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.
Board of Commissioners Business Meeting Agenda Monday, January 22, 2018 Page 2 of 3
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.
ADJOURN
To watch this meeting on line, go to: www.deschutes.org/meetings
Please note that the video will not show up until recording begins. You can also view past
meetings on video by selecting the date shown on the website calendar.
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.orq/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 Business Meeting Agenda Monday, January 22, 2018 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/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Business Meeting of January 22, 2018
DATE: December 14, 2017
FROM: Whitney Hale, Administrative Services, 541-330-4640
TITLE OF AGENDA ITEM:
Wildfire Mitigation Award
BACKGROUND AND POLICY IMPLICATIONS:
Project Wildfire has been selected for a 2018 Wildfire Mitigation Award.
The Wildfire Mitigation Awards are the highest national honor one can receive for outstanding
work and significant program impact in wildfire preparedness and mitigation. The program was
established in 2014 in response to an overwhelming number of great wildfire mitigation
program efforts happening throughout the United States.
This recognition program is jointly sponsored by the National Association of State Foresters
(NASF), the International Association of Fire Chiefs (IAFC), the National Fire Protection
Association (NFPA), and the USDA Forest Service (USFS).
ATTENDANCE: Ed Keith, County Forester. Alison Green, Project Wildfire.
PRC}]EC:T
WILDFIRE
FOR IMMEDIATE RELEASE
JANUARY 19, 2018
MEDIA CONTACT: ALISON GREEN
PROJECT WILDFIRE
541-322-7129
Project Wildfire receives national honor for wildfire mitigation efforts
After a competitive review by representatives from National Association of State Foresters, National
Fire Protection Association, Forest Service and the International Association of Fire Chiefs, Central
Oregon's Project Wildfire has been selected to receive a 2018 Wildfire Mitigation Award. The award
is the highest national honor a program can receive for outstanding work and significant program
impact in wildfire preparedness and mitigation.
"This award belongs to each person who built Project Wildfire and who sustains its efforts in
Deschutes County," said Deschutes County Commissioner and Project Wildfire Board Member Phil
Henderson. "Since Project Wildfire was formed in 2004, program staff, many partners, and residents
have worked tirelessly to create disaster resistant communities in Central Oregon."
The National Wildfire Mitigation Award recognizes the efforts of organizations and individuals who
have implemented successful and sustainable wildfire mitigation projects on the ground in their
community. These awards are designed to recognize outstanding service at the federal, state, local
and tribal levels of government and at the local community level.
"We're honored to receive this recognition," said Project Wildfire Coordinator Alison Green. "This is a
great recognition of the engagement we see in Central Oregon, through collaborative partnerships
and with our engaged residents. We look forward to continuing to work together to ensure we have
innovative, cutting edge tools to tackle the wildland fire problem we face in Central Oregon."
About Project Wildfire: Formed in 2004, Project Wildfire seeks to prevent deaths, injuries, property
loss, and environmental damage resulting from wildfires in Deschutes County. Project Wildfire is a
community organization that facilitates, educates, disseminates, and maximizes community efforts
toward effective fire planning and mitigation. Project Wildfire serves as the caretaker to seven (7)
Community Wildfire Protection Plans in Deschutes County. These plans are tailored to specific
geographic locations within Deschutes County to address the unique needs of residents and fire
professionals. Together, the partners of Project Wildfire achieve its mission by building partnerships,
sharing resources, and eliminating redundancies. Often Project Wildfire succeeds where individuals
and individual agencies cannot.
For more information, visit www. ro'ectwildfire.or or call 541-322-7129.
Deschutes County encourages persons with disabilities to participate in all programs and activities.
If you need to request this information in an alternate format, please
e-mail accessibility@deschutes.org or call (541) 617-4747.
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 Business Meeting of January 22, 2018
DATE: January 17, 2018
FROM: Judith Ure, Administrative Services, 541-330-4627
TITLE OF AGENDA ITEM:
Consideration of County Administrator's Signature for an Economic Development Loan
Conversion
RECOMMENDATION & ACTION REQUESTED:
Staff recommends that the Board of Commissioners authorize the County Administrator to
convert a $50,000 economic development loan made to Humm Kombucha to a grant.
CONTRACTOR: Humm Kombucha
AGREEMENT TIMEFRAME: Starting Date: September 17, 2014 Ending Date: December
31, 2017
INSURANCE:
Insurance Certificate Required: N/A
Insurance Review Required by Risk Management: N/A
BACKGROUND AND POLICY IMPLICATIONS:
the Deschutes County Economic Development Loan Program was initiated to encourage and
assist companies seeking to relocate to and/or create new jobs within Deschutes County. To
receive a loan, companies must agree to create a specific number of jobs within a defined
period, then maintain this level of employment for an additional set period of time. On
September 17, 2014, Humm Kombucha entered into an agreement with the County for a loan
in the amount of $50,000 with terms that included hiring twenty-five (25) new full-time
employees in Deschutes County on or before December 31, 2016 and maintaining these
positions for a twelve-month period beyond the date all new positions were filled or by
December 31, 2017, whichever date occurred first. As certified by Economic Development for
Central Oregon (EDCO), Humm Kombucha has met these terms and, in accordance with the
agreement, is eligible to have the loan converted to a grant.
FISCAL IMPLICATIONS: None.
ATTENDANCE: Judith Ure, Management Analyst; Roger Lee, EDCO, and representative(s) of
Humm Kombucha.
DESCHUTES COUNTY
Business Development Forgivable Loan Program
Loan Recipient: Humm Kombucha
1,125 NE 2"" Street
Bend, OR 97701
541-306-6329
Agreement No.: DC -2014-504
Date of Agreement: September 17, 201.4
On behalf of Economic Development for Central Oregon, I hereby certify that Humm .Kombucha
has met all conditions of' the .Deschutes County Business Development Forgivable .Loan Program
as specified in Agreement DC -2014-504 (attached).
I further attest that a. representative of Economic Development for Central Oregon has reviewed
employment and payroll records furnished by Humm Kombucha and that such records confirm
that the company:
a) Created within azul/or relocated to Deschutes County at least 25 new full-time, family
wage positions by or before December 31, 2016, and
b) Maintained these new positions in Deschutes County for a 12 -month period beyond the
creation/relocation date and/or by or before December 31, 2017.
I therefore, request that the Deschutes County Board of Commissioners authorize that the
business development loan made to Htunm Kombucha be converted to a grant in accordance
with the terms of the attached agreement.
Economic Development for Central Oregon
f
By:
Title:
Date: t Z ! � � I ( T_
DESCHUTES COUNTY
N- - - BUSINESS DEVELOPMENT LOAN PROGRAM
AGREEMENT WITH HUMM KOMBUCHA
This Business Development Loan Agreement ("Agreement') is entered into:
BETWEEN: Deschutes County (hereinafter referred to as "County')
PO Box 6005
Bend, OR 97708-6005
Phone: (541) 388-6570
AND: Humm Kombucha
1125 NE 2" d Street
Bend, OR 97701
541-306-6329
RECITALS
WHEREAS, County finds that the program set forth in this Agreement will promote state and local
economic activity by creating new jobs and investment; and
WHEREAS, Company wishes to expand its existing equipment and business operations within
Bend, Oregon by increasing employment and investing in equipment and building improvements;
and
WHEREAS, the said expansion in Bend, Oregon will relocate and/or create at least 25 new full-
time, family wage jobs between August 27, 2014 and December 31, 2016 for total employment by
Company of 33 positions; and
WHEREAS, once filled, the total number of new full-time jobs will be maintained for an
additional consecutive 12 -month period to occur on or before December 31, 2017; and
WHEREAS, County desires to promote the expansion of Company's facility by loaning funds in
the amount of $50,000.00 for certain equipment purchases and personnel expenses and such loan
will later be converted to a grant upon the condition that Company satisfy certain requirements;
and
WHEREAS, County has engaged Economic Development for Central Oregon ("EDCO") to assist
in administering and implementing the loan;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree to as follows:
Humm Kombucha
Page 1 of 6
F
SECTION 1
DEFINITIONS
Section 1.1 Dollars and $ shall mean lawful money of the United States of America.
Section 1.2 Loan shall mean funds loaned by County to Company as provided under Section 3,
Section 1.3 Project shall mean expansion of Company employment in Deschutes County,
Oregon.
Section 1.4 Full -Time Employee shall mean any employee who has been hired with the
expectation that the job will last for at least one (1) year and who will work at least
forty (40) hours per week or the equivalent of 2,080 hours per year.
Section 1.5 Family Wage Job shall mean a position with a starting salary that is equal to or
greater than the average pay of all covered employment and wages for Deschutes
County as reported in the Oregon Labor Market Information System (OLMIS) on
the date this agreement is executed.
SECTION 2
TERM
This Agreement shall be effective as of the date of execution by all parties and continue until the
loan is paid in full or the loan is converted to a grant as provided in Section 3.3 below.
SECTION 3
LOAN
Section 3.1 Loan
County agrees to loan Company the sum of $50,000.00 no later than 30 days following the signing
of this agreement.
Section 3.2 Loan Purpose and Representations of the Company
The purpose of the loan is to carry out the project, and for no other purposes. Company represents
and warrants that it will diligently pursue and complete the following:
3.2.1 Company will employ a minimum of 25 new full-time employees between August
27, 2014 and December 31, 2016 above the baseline of 8 employees in place on
August 27, 2014. The newly created positions will meet or exceed local family
wage rates.
3.2.2 Company will maintain these new positions from the date all are filled for an
additional consecutive 12 -month period to occur on or before December 31, 2017.
3.2.3 Company will submit quarterly and annual progress reports to EDCO with
documentation for job creation, capital investment relating to new facilities, and
equipment associated with the project.
Humm Kombucha
Wage 2 of 6
3.2.4 Company shall comply with all applicable federal, state, regional and local laws,
regulations and ordinances.
3.2.5 Company shall timely pay all Deschutes County real and personal property tax when
due and shall satisfy all delinquent property tax accounts in full.
Section 3.3 Loan Repayment or Conversion to Grant
3.3.1 Unless the loan is converted to a grant as provided below, Company agrees to pay to
the order of County the full amount of the loan as well as interest at the rate of 8%
per annum beginning from the date County releases funds to Company, upon the
earlier of: (a) the occurrence of an event of default, as defined below, or (b)
December 24, 2017.
3.3.2 County agrees to convert the loan to a grant that does not need to be repaid, if and
when County determines in its sole discretion that Company has satisfied all of the
obligations in Section 3.2 and its other obligations under this Agreement. Such
conversion shall only be effective upon written verification by the County
Administrator that the loan has been converted to a grant.
3.3.3 County may, in its sole discretion, convert a portion of the loan to a grant if all of
the obligations under Section 3.2 and this Agreement have been fulfilled to the
reasonable satisfaction of County. In the event of such partial conversion of the
loan, the loan shall continue to be payable on a pro -rated basis in an amount
determined by multiplying $2,000.00 by the difference between 33 and the number
of full-time employees employed in Deschutes County by Company as of
December 31, 2017. Interest will accrue on this portion of the loan at a rate of
eight percent (8%) per annum from the time Company received the loan monies to
the time they are repaid.
SECTION 4
DEFAULT
Section 4.1 Events of Default
The following shall be considered events of default:
4.1.1 Company fails to complete, or County reasonably determines that Company will
not be able to complete, the obligations described in Section 3.2 and its other
obligations under this Agreement; provided, however, that upon such failure or
determination, County shall first provide to Company written notice of such failure
or determination, and Company shall have thirty (30) days to correct the matter. If
the matter has not been corrected by Company within such thirty (30) day period, to
the reasonable satisfaction of County, County shall be entitled to declare Company
in default of its obligations under this Agreement and the loan and accrued interest
shall be payable in full.
Hunun Kombucha
Page 3of6
4.1.2 Company effects a change of ownership, a change of control of its business, or
relocates its business conducted in Deschutes County, Oregon on or before the end
of the contract period without prior written consent of County.
4.1.3 The occurrence of any event that has or may reasonably be expected to have a
material adverse effect on Company's financial condition or Company's ability to
make any payment required by this Agreement.
4.1.4 Company fails to pay, becomes insolvent or unable to pay, or admits in writing an
inability to pay Company's debts as they become due, or makes a general
assignment for the benefit of creditors.
4.1.5 A proceeding with respect to Company is commenced under any applicable law for
the benefit of creditors, including but not limited to any bankruptcy or insolvency
law, or an order for the appointment of a receiver, liquidator, trustee, custodian, or
other officer having similar powers over Company is entered.
SECTION 5
MISCELLANEOUS
Section 5.1 Right to Inspect
Company agrees that County, their agents, and employees shall be entitled, upon reasonable prior
notice to Company, to access and inspect the property and employment records of Company and
its affiliates in order to insure that Company is complying with the terms of this Agreement and all
applicable federal, state, and local laws and regulations. The right to inspection shall also include
any property or employment records that are in the possession of any affiliate of Company. The
right of inspection shall continue until all of the obligations of Company under this Agreement
have been satisfied.
Section 5.2 Attorney's Fee Provision
In the event suit or action is instituted to enforce any of the terms or conditions of this Agreement,
the unsuccessful party shall pay to the prevailing party, in addition to the costs and disbursements
allowed by statute, such sum as the court may adjudge reasonable as attorney fees in such suit or
action, in both trial court and appellate courts.
Section 5.3 Indemnification
Company shall defend, indemnify and hold harmless County and EDCO, their officers, agents,
employees, and members from all claims, suits, and causes of action, including attorney's fees, of
any nature whatsoever relating to claims by third parties resulting from or arising out this
Agreement or Rinds provided to Company under this Agreement.
Except as otherwise provided in this Section 5.3, County and EDCO shall defend, indemnify, and
hold harmless Company, their officers, agents, employees, and members from all claims, suits, and
causes of action, including attorney's fees, relating to claims by third parties as to the validity
under public finance law of this Agreement or funds provided to the Company under this
Agreement.
F lumin Kombucha
Page 4 of 6
Section 5.4 Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding the matters herein.
Section 5.6 Titles and Subtitles
The titles in this Agreement are for convenience only and in no way define, limit, or describe the
scope or intent of any provision of this Agreement.
Section 5.7 Notice
All notices, requests demands, and other communications to or upon the parties hereto shall be in
writing and shall be deemed to have been duly given or made: Upon actual receipt, if delivered
personally or by fax or an overnight delivery service; and at the end of the third business day after
the date of deposit in the United States mail, postage pre -paid, certified, return receipt requested;
and to the addresses set forth on page 1 of this Agreement or at such other address of which such
party shall have notified in writing the other parties hereto.
Section 5.8 Time is of the Essence
All parties agree that time is of the essence under this Agreement.
Section 5.9 Applicable Law
This Agreement is made, and shall be construed and interpreted under the laws of the State of
Oregon without regard to the principles of conflicts of law. Venue shall lie in state courts located
in Deschutes County, Oregon, provided, however, if the claim must be brought in a federal forum,
then it shall be brought and conducted solely and exclusively within the United States District
Court for the District of Oregon.
Section 5.10 Disclosure
Under Oregon law, most agreements, promises, and commitments made by a lender after October
3, 1989 concerning loans and other credit extensions which are not for personal, family, or
household purposes or secured solely by borrower's residence must be in writing, express
consideration, and be signed by the lender to be enforceable.
Section 5.11 No Waiver
No failure or delay of County in exercising any right, power or remedy under this Agreement shall
operate as a waiver of such right, power or remedy of County, or of any other right. A waiver of
any provision of this Agreement shall not constitute a waiver of or prejudice County's right
otherwise to demand strict compliance with that provision or any other provision. Any waiver,
permit, consent or approval of any kind or character on the part of County must be in writing and
shall be effective only to the extent specifically set forth in such writing.
Section 5.12 No Assignment by Company
No obligation or right under this Agreement may be assigned by the Company without the prior
consent of County, which consent may be withheld, conditioned, or delayed in the sole discretion
of County.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed as of
the dates set forth below their respective signatures.
Humm Kombucha
Page 5 of 6
Deschutes County
Tom Anderson, County Administrator
Date: 9-1/—/ I
Humm Kombucha
Page 6 of 6
Humm Kombucha
Date: — 1'7"" I' l
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 Business Meeting of January 22, 2018
DATE: January 12, 2018
FROM: Chris Doty, Road Department, 541-322-7105
TITLE OF AGENDA ITEM:
Consideration of Approval of Document No. 2018-061,Transportation SDC Installment
Payment Agreement
RECOMMENDATION & ACTION REQUESTED:
Approval with suggested motion: "I move to approve an SDC Installment Payment Agreement
with Timothy Caine in the amount of $24,653"
CONTRACTOR: Timothy Caine
AGREEMENT TIMEFRAME: Starting Date February 15, 2018 Ending Date: August 15, 2027
INSURANCE:
Insurance Certificate Required: No
Insurance Review Required by Risk Management: No
BACKGROUND AND POLICY IMPLICATIONS:
Per Deschutes County Code Section 15.12.060, whenever a System Development Charge is
due, an owner of real property may make an application to pay the SDC in installments. The
Board shall then enter an order approving the application, describing the property and owner,
setting forth the principal amount of the lien imposed on the real property, the interest rate, and
the time period over which payments shall be made. The details and terms of the above are
provided in the application document submitted by the applicant.
The SDC is due pursuant to the Findings and Decision issued per file 247 -16 -000686 -AD for a
20,000 SF (total) marijuana production facility.
FISCAL IMPLICATIONS: The $24,653 SDC will be paid over a period of 10 years at an
interest rate of 5.35% as prescribed by Code and Resolution 2013-020.
ATTENDANCE: Consent Agenda (Chris Doty)
TRANSPORTATION SYSTEM DEVELOPMENT CHARGE
APPLICATION AND INSTALLMENT PAYMENT AGREEMENT
TO: Deschutes County Board of Commissioners
c/o Deschutes County Road Department Director
61150 SE 27th St.
Bend, OR 97702
Pursuant to Deschutes County Resolution 2013-020, 1 (we) (hereafter referred to as
"Applicant(s)") apply to finance the Transportation System Development Charge (hereafter
referred to as "SDC") imposed on property (see legal description) located in the unincorporated
area of Deschutes County, Oregon.
Applicant(s) own(s) the Property on which the SDC has been imposed. The Property is
described as follows:
Legal Description:
SUBDIVISION:
Tax Lot Number:
Per Deed 2012-52774
171330D000100
Ownership information on the Property is as follows:
Owner's name: Timothy Caine
Owner's address: 2917 NE Red Oak Drive, Bend OR 97701
Applicant(s) acknowledge(s) that the amount of the SDC imposed on the property is $24,653
and was imposed when Applicant developed the property.
Applicant(s) hereby requests County approval and agree(s) to pay the SDC over a period of 10
years, as outlined in this document. The interest rate shall be set at 150 basis points above the
rate in effect at the time of application as quoted by Bloomberg; Market Data, Key Rates,
Mortgage (National Average), 30 -year fixed. Applicant(s) acknowledge(s) that the interest rate
set by the County has been established at a rate sufficient to pay a proportionate part of the
costs of administering the SDC financing program under Deschutes County Code and Oregon
law. Applicant(s) agree(s) to pay such interest rate. Applicant(s) acknowledge(s) that financed
SDC amounts are a first lien and encumbrance against the Property. Applicant(s)
Page 1 of 3
acknowledge(s) that the County will record this document in the property records of the County
Clerk.
In applying to finance payment of the SDC, Applicant(s) agree(s) to make installment payments
under the following terms:
Basis of Payment Terms. The payment schedule set forth in this document is based
upon the Applicant's request that the entire amount of the $24,653 SDC will be
financed at the fixed rate of 5.35% per annum over a ten-year period with 20 equal
semi-annual installment payments.
2. Terms. Installment payments of $1,607.68 shall be due and payable beginning on
the 15th day of February, 2018 and thereafter the 15th day of the next following August
and February until all outstanding amounts and interest thereon are paid. Unless
the County directs otherwise, payment shall be made to the Deschutes County
Finance Department, Deschutes Services Building, 1300 NW Wall St., Suite 200,
Bend, OR 97701.
3. Prepayment. Prepayments will be accepted at any time without penalty, applied first
to accrued interest and then to principal. Upon request, prepayments may be applied
to meet the next installment payment due.
4. Payment on Delinquent Accounts. This account will be delinquent if full payment of
any semi-annual installment has not been received by the due date. Delinquent
amounts shall accrue interest at the rate of 1% per month without proration for a
fraction of a month. County is under no obligation to furnish notice of delinquency or
demand for payment. Payments on accounts with delinquencies shall be applied to
accrued interest first.
5. Enforcement and Collection. If any scheduled semi-annual installment payment, or
any amount thereof, remains unpaid for more than one year after it is due, the County
may undertake actions against the Property to collect such delinquencies, including
without limitation, foreclosure for the entire outstanding SDC amount, plus accrued
interest and costs, as allowed by applicable state law. Failure of the County to assert
any rights it may have under law and this agreement regarding enforcement and
collection shall not constitute a waiver of any of County's rights to enforce and collect
the SDC.
6, Terms Binding on Applicant's Successors in Interest. The terms of this installment
application and agreement run with the Property and bind any of the Applicant(s)'s
successors in interest.
This application and agreement is submitted in accordance with the provisions of Deschutes
county Resolution 2013-020 and Chapter 15.12.060 of the Deschutes County Code. In
consideration of and pursuant to these legal considerations, the Applicant(s) as owner(s) of the
Property, does (do) hereby expressly waive all irregularities or defects, jurisdictional or
otherwise.
Page 2 of 3
ALL OWNERS WHOSE NAME APPEAR ON THE COUNTY PROPERTY RECORDS MUST
SIGN THIS APPLICATION.
Dated this day of'Zii{o l :fit°3 i1i~' 2018
Applicant(s):
Signatur Signature
Signature Signature
2917 NE Red Oak Drive, Bend OR 97701
Owner's address to which invoices are to be sent:
State of Oregon )
County of Deschutes ) ss.
Subscribed and sworn to before me
this day ofiwuu--a ,-
_ .. ............
Notary Publi Or9 on
AT1,.
Title 61
My Commission Expires-.-LIAI1,l �1
20 18 by Will;,
Page 3 of 3
OFFICIAL STAMP
TRAVIS WADE BIEGHLER
S ; NOTARY PUBLIC - OREGON
COMMISSION N0- 939090
,ar'�yg •_' MY COMMISSION EXPIRES MAY 17, 2019