HomeMy WebLinkAboutDoc 527 - IGA - City Redmond - Industrial LandDeschutes 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 September 25, 2013
Please see directions for completing this document on the next page.
DATE: September 16,2013
FROM: Susan Ross Property & Facilities 541-383-6713
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2013-527, an Amendment to Intergovernmental
Agreement with City of Redmond.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS: In 2004, Deschutes County and City of
Redmond entered into an Intergovernmental Agreement for the purchase by Redmond of approximately
112 acres of vacant industrial land, commonly referred to as "Desert Rise." The Agreement was for a
term of 10 years, during which Redmond was to make payments only as parcels were sold as well as
annual interest payments on the principal balance. Only a few parcels have sold, and City of Redmond
requested an amendment to the agreements to extend the term. County has agreed to extend for five
years and may consider another five-year option at the end of the extension. Other miscellaneous
changes to the agreements are proposed for clarification purposes.
FISCAL IMPLICATIONS:
Payments vary based on property sales and accrued interest.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends Board signature of Document 2013-527.
ATTENDANCE: Susan Ross
DISTRIBUTION OF DOCUMENTS:
Originals to Susan Ross. I
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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: ISepternber 16,2013 I Department: IProperty & Facilitie~
Contractor/Supplier/Consultant Name: Ci of Redmond
Contractor Contact: ason Neff, Finance Mana e Contractor Phone #: 1541-923-772ij
Type of Document: First Amendment to Intergovernmental Agreement and Purchase
and Sale Agreement with City of Redmond
Goods and/or Services: N/A
Background & History: In 2004, Deschutes County and City of Redmond entered into
an Intergovernmental Agreement for the purchase by Redmond of approximately 112
acres of vacant industrial land, commonly referred to as "Desert Rise." The Agreement
was for a term of 10 years, during which Redmond was to make payments only as parcels
were sold as well as annual interest payments on the principal balance. Only a few
parcels have sold, and City of Redmond requested an amendment to the agreements to
extend the term. County has agreed to extend for five years and may consider another
five-year option at the end of the extension. Other miscellaneous changes to the
agreements are proposed for clarification purposes.
Agreement Starting Date: IUpon signatur~ Ending Date: ~/30/20191
Annual Value or Total Payment: IPayments vary based on property sales and accrued!
linterest.1
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N/Ao Insurance Certificate ReCeiVjd (ChiCk box)
Insurance Expiration Date:
N/A
Check all that apply:
o RFP, Solicitation or Bid Process o Informal quotes «$150K)o Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
N/A
Funding Source: (Included in current budget? 0 Yes 0 No
If No, has budget amendment been submitted? 0 Yes 0 No
Is this a Grant Agreement providing revenue to the County? 0 Yes L8J No
911612013
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: DYes D No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: fa.Ros~ Phone #: ~41-383-671~
Department Director Approval: ~f/~.. q(ttt(l?
I Signature Date
Distribution of Document:
Originals to Susan Ross
Official Review:
County Signature Required (check one): 0 eocc 0 Department Director (if <$25K)
Administrator (if >$25K but <$150K; if >$150K, eocc Order No. _____1
Legal Review Date
Document Number 2013-527
9116/2013
!
RE\lJEWED
LEGAL COUNSEL
FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
AND
PURCHASE AND SALE AGREEMENT
PARTIES: DESCHUTES COUNTY (County)
A Political Subdivision of the State of Oregon
And
REDMOND, OREGON (City)
A Municipal Corporation of the State of Oregon
WHEREAS, the Parties entered into an Intergovernmental Agreement dated April 28,
2004, and a Purchase and Sale Agreement dated April 28, 2004; and
WHEREAS, the Parties wish to change the terms of those Agreements;
NOW, THEREFORE, the Parties agree that the Agreements are hereby amended to read
as follows:
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT DATED 4/28/2004
DEFINITIONS:
B. Original Basis -The cost of the Real Property, expressed either in terms of price per square
foot (that being $0.33) or price per acre (that being $14,374). The original basis of the Real
Property shall be adjusted on an annual basis (on January 151 ) based on principal balance as of
December 31 by an amount equal to the Consumor PriGe IndeK West US City Average
Consumer Price Indexes Pacific Cities and U.S. City Average -West. Year Ending (US
Department of Labor Statistics).
16. TERM. Except as provided in paragraph 3, this Agreement shall be and continue in effect
for ien years from the date ef this Agreement until June 30, 2019. Upon mutual agreement by
both parties, City has the option to extend this Agreement for an additional five years by giving at
least ninety (90) days written notice to County prior to the expiration of the Agreement term.
AMENDMENT TO PURCHASE AND SALE AGREEMENT DATED 4/28/2004
AGREEMENT TO BUY AND SALE
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City of Redmond
PO 80K 726716 SW Evergreen
Redmond OR 97756
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DC 2013-527
PURCHASE PRICE AND PAYMENT
Purchasers shall make biannual interest only payments. The payment shall be due on P.ugust 1&1
and February 1&1 of eash year. Interest accrued between January 1 through June 30 shall be due
on August 1 of the same year. Interest accrued between July 1 and December 31 shall be due by
February 1 of the next calendar year.
Upon sale of any portion of the property Purchaser shall pay to Seller all accrued interest and a
portion of the principal balance equal to ~the most current rate per square foot as
established by Section 1 (B) of the Intergovernmental Agreement per square foot for the property
saki (to a maximum of $1,747,000.00). All sales are subject to the terms of the parties
Intergovernmental Agreement concerning this property. Seller to release any property sold from
the provisions of the Trust Deed upon this payment.
The balance of the purchase price and any deferred interest shall be due no later than TEN (10)
years from the date of slosing June 30. 2019.
Payments shall be delivered to Deschutes County Finance Department, 1130 NW Harriman PO
Box 6005, Bend, Oregon 97708-6005.
Except as otherwise provided in this Addendum, the terms and conditions of the
Intergovernmental Agreement and Purchase and Sale Agreement remain in effect.
DATED this ___ day of ______,' 2013
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
ATTEST: TAMMY BANEY, Vice Chair
Recording Secretary ANTHONY DEBONE, Commissioner
DATED this ___day of _____-', 2013
ATTEST: CITY OF REDMOND, OREGON
Recording Secretary GEORGE ENDICOTT, Mayor
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DC 2013·527