HomeMy WebLinkAboutDoc 463 - Amend Lic Agrmt - Swalley - Jail SiteDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of Monday, August 19,2013
Please see directions for completing this document on the next page.
DATE: August 14,2013
FROM: Susan Ross Property & Facilities 541-383-6713
TITLE OF AGENDA ITEM:
Consideration of signature by County Administrator of documents 2013-463, an Amendment to a
License Agreement, and 2013-464, Amendment to a Memorandum of Understanding with Swalley
Irrigation District for Jail Site.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
When Deschutes County began the alteration and expansion of the jail facility in 2009, we identified
numerous crossings and encroachments on Swalley Irrigation District facilities. We documented all the
encroachments with standardized forms and an updated drawing. One additional encroachment will
occur with the current expansion project. With Swalley'S consent, we have amended the original
License Agreement to document the new encroachment.
The original Memorandum of Understanding required that at the time ofjail expansion, the existing
Swalley PVC pipe be replaced with high density pressurized pipe. With the much smaller footprint of
the current jail expansion project and the distance of the expansion area from Swalley facilities,
Swalley has agreed that the pipe did not need to be replaced at this time. The Memorandum of
Understanding is being amended to change the requirement for the pipe until such time that the
footprint of a future jail expansion occurs within 20 feet of the Swalley easement.
By Order 2009-062, the Board of County Commissioners authorized the County Administrator to sign
documents related to this project.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Staff recommends the Board of County Commissioners authorize the County Administrator to sign
documents 2013-463 and 2013-464.
ATTENDANCE: Susan Ross
DISTRIBUTION OF DOCUMENTS:
One original to Susan Ross for Swalley Irrigation District.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: !August 12, 2013 I Department: [Property & Facilitiesl
Contractor/Supplier/Consultant Name: Swalle Irri ation Distric
Contractor Contact: Suzanne Butterfield Contractor Phone #: 1541-388-71671
Type of Document: First Amendment Swalley Irrigation District License Agreement
Riley Lateral
Goods and/or Services: NIA
Background & History: When Deschutes County began the alteration and expansion
of the jail facility in 2009, we identified numerous crossings and encroachments on
Swalley Irrigation District facilities. We documented all the encroachments with
standardized forms and an updated drawing.
We identified an additional encroachment that will occur with the current expansion
project. With Swalley's consent, we have amended the original License Agreement to
document the encroachment.
By Order 2009-062 the Board of County Commissioners authorized the County
Administrator to sign documents related to this project.
Agreement Starting Date: !August 19,2013. Ending Date: INIAl
Annual Value or Total Payment: INon~
N/Ao Insurance Certificate ReCeiVjd (check box)
Insurance Expiration Date: !
N/A
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
N/A
Funding Source: (Included in current budget? 0 Yes D No
If No, has budget amendment been submitted? DYes 0 No
Is this a Grant Agreement providing revenue to the County? D Yes ~ No
8112/2013
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: 0 Yes 0 No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Teresa Rozic Phone #: 541-385-1414
Department Director Approval: ~
, Signature Date
Distribution of Document: Original to Teresa Rozic for transmittal to Swalley
I rrigation District.
Official Review:
County Signature Required (check one): D SOCC Department Director (if <$25K)
D Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. _____)
Legal Review Date
Document Number 2013·463
8112/2013 I
REVIE~ ~COUNSEL
/1
DESCHUTES COUNTY OFFICIAL RECORDS ,., IJML1 ••e
NANCY IUVlCENSHIP, COUNTY CLERK W 'W;-IIUUiiilill 10/16/2009 11 :00:44 All
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Authorizing the County Administrator '" to Execute Agreements with Swalley Irrigation '" ORDER NO. 2009-062
District. '"
WHEREAS, Deschutes County is involved in the alteration and expansion of the public safety campus,
generally north of Poe Sholes Drive between Britta Street and Jamison Street, Bend; and
WHEREAS, existing buildings have encroached on rights of way belonging to Swalley Irrigation
District and planned new buildings will encroach on those rights of way; and
WHEREAS, Deschutes County and Swalley Irrigation District have agreed to document with
standardized forms and an updated drawing the existing and planned encroachments and crossings of the Rogers
and Riley Canals; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Subject to Legal Counsel review, the County Administrator is authorized to execute a
Construction Agreement, Easement Agreements, Easement Vacations, Easement Encroachments, Crossing
Agreements and Fencing Permits related to the Swalley Irrigation District Rogers and Riley Canals on the public
safety campus.
Dated this ~of _--,a"",--,bhttuv"",-,--",---,,-~__., 2009 BOARD OF COUNTY COMMISSIONERS
OFDESCHUTESCOUNTY,OREGON
-~-
TAMMY BANEY, Chair
D~::'~
Recording Secretary ALAN UNGER, Commissioner
PAGE 1 OF I-ORDER NO. 2009-062 (10/14/2009)
REVIEWED
LEGAL COUNSEL
After Recording Return To:
Swalley Irrigation District
64672 Cook Avenue, Suite 1
Bend, OR 97701
For Recording Stamp Only
FIRST AMENDMENT
SWALLEY IRRIGATION DISTRICT LICENSE AGREEMENT
Riley Lateral
Parties:
SWALLEY IRRIGATION DISTRICT ("SID"), a municipal corporation, and
DESCHUTES COUNTY, a political subdivision of the State of Oregon
WHEREAS, the Parties entered into a License Agreement (DC 2009-700) with an effective date
of December 21, 2009, (lithe License Agreement") whereby SID granted Deschutes County an
exclusive license on, over and upon SID's easement described in the License Agreement, located on
property commonly known as the Deschutes County Public Safety Complex ("the License Area"); and
WHEREAS, the parties desire to make a change to the License Agreement;
NOW, THEREFORE, the parties agree that, effective September 1, 2013, the License
Agreement is hereby amended to include an additional encroachment (pavement) within the License
Area. The encroachment is located at a point described as follows:
Beginning at the point of intersection of the following two segments of the centerline description
of the Riley Lateral: N 00° 00' 00" E 249,12' and N 77° 22' 52" W 67.49',
thence southeasterly from that point approximately 75',
The encroachment is depicted on the drawing attached to this Amendment as Exhibit A, by this
reference incorporated herein.
Except as otherwise provided in this Addendum, the terms and conditions of the License Agreement
remain in effect.
LICENSOR:
STATE OF OREGON )
) ss.
County of Deschutes )
The foregOing instrument was acknowledged before me this ~ay of Avt.&u Sf , 2013, by
Suzanne Butterfield, who acknowledged that she is the manager of Swalley Irrigation District and that she is
authorized to execute the foregoing instrument on behalf of Swalley Irrigation District.
<J: A , ~ OFFICIAL SEALA
,.,.....--~ TERESA L ROlIC
Notary Public for Oregon NOTARY PUBLlC-QREOON
COMMISSION NO. 470066My commission expires: --''-t-'---L..i!-=---'-ll!!!!:.--MY COMMISSION EXPIRES JUL'I17. 2016
DC 2013-463 1 MORE SIGNATURES FOLLOW
LICENSEE: DESCHUTES COUNTY, OREGON
By: _________________________
Tom Anderson, County Administrator
By Authority of the Board of County Commissioners
STATE OF OREGON )
) ss.
County of Deschutes )
Before me, a Notary Public, personally appeared Tom Anderson, County Administrator and acknowledged the
foregoing instrument on behalf of Deschutes County, Oregon.
Dated ____________
My commission expires: _________
Notary Public for Oregon
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DC 2013-463 2
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