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Home My WebLink AboutDoc 102 - Term Revocable License\ fJ}Q .. ... tz, fJj ~ U.....~....E.S[J ~ Deschutes County Board of CommissionersD. 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 February 22, 2012 Please see directions for completing this document on the next page. DATE: February 9,2012 FROM: Teresa Rozic Property & Facilities 385-1414 TITLE OF AGENDA ITEM: Consideration of signature by Interim County Administrator of Document 2012-102, to terminate a Revocable License. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: In January, 2011, the Sunriver Service District (the "District"), specifically the Sunriver Fire Department, asked the Board of County Commissioners to transfer to the District a .75 acre piece of County-owned property on which the District wanted to build a fire training facility. The property is located south of Sunriver in the Deschutes River Recreation Homesites Subdivision. The Board granted the District a Revocable License (DC-20 11-072) for the limited purpose of investigating the suitability of the parcel for that purpose. The District filed an application for a conditional use permit and a public hearing was held. Ultimately, the District withdrew its application and notified Deschutes County that it would not pursue siting the training facility on this property. According to the terms of the license, it is appropriate for Deschutes County to terminate the agreement. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Staff recommends the Board of County Commissioners authorize the Interim County Administrator to sign the letter to terminate the agreement. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: Mail original letter to Sunriver Service District, copy to Teresa Rozic. I DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This fonn 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 Fonn is also required. If this fonn is not included with the document, the document will be retumed 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 fonn with your documents, please submit this fonn electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: 102/09/20121 Department: IProperty & Facilitiesl Contractor/Supplier/Consultant Name: ISunriver Service Districij Contractor Contact: IChief Art Hatchl Contractor Phone #: 1541-593-86221 Type of Document: Letter to terminate revocable license Goods and/or Services: NIA Background & History: In January, 2011, the Sunriver Service District (the "District"), specifically the Sunriver Fire Department, asked the Board of County Commissioners to transfer to the District a .75 acre piece of County-owned property on which the District wanted to build a fire training facility. The property is located south of Sunriver in the Deschutes River Recreation Homesites Subdivision. The Board granted the District a Revocable License (DC-2011-072) for the limited purpose of investigating the suitability of the parcel for that purpose. The District filed an application for a conditional use permit and a public hearing was held. Ultimately, the District withdrew its application and notified Deschutes County that it would not pursue siting the training facility on this property. According to the terms of the license, it is appropriate for Deschutes County to terminate the agreement. Agreement Starting Date: IUpon signatur~ Ending Date: INIAl Annual Value or Total Payment: INonij N/A Insurance Certificate ReCeiVjd (ChjCk 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? DYes D No If No, has budget amendment been submitted? DYes D No 2/9/2012 Is this a Grant Agreement providing revenue to the County? 0 Yes ~ No 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 #: 385-1414 Department Director Approval: hI ~ a ... /q {dOl J Signature Dae Distribution of Document: Mail original letter to Sunriver Service District, copy to Teresa Rozic Official Review: County Signature Required (check one): SOCC 0 Department Director (if <$25K) Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. _____), Legal Review Date Document Number 2012-012 I ~ I r I 2/9/2012 Department of Administrative Services Erik Kropp, Deputy County Administrator 13m NW Wall St, Suite 2m • Bend, Oregon 97701 (541) 3B8-65B4 • FAX (541) 3B5-3202 www.deschutes.or.us February 22,2012 Chief Art Hatch Sunriver Fire & Rescue PO Box 2108 Sunriver, OR 97707 Re: Revocable License with Deschutes County (DC 2011-072) 56657 Solar Drive, Bend Dear Chief Hatch: On February 23, 2011, Deschutes County granted Sunriver Service District (the "District") a Revocable License, so that the District could investigate the suitability of the property for a fire training facility. You have informed us that the District has withdrawn its land use application and will not pursue locating a training facility at this site. Therefore, as provided for in Paragraph 5 of the license, this is notice that Deschutes County revokes the license effective March 22,2012. We wish you luck in finding a suitable site for your training facility. Sincerely, Erik Kropp Interim County Administrator Bn<hihPc1hg1Bfe Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner I --------------------l -M1 1i!J4JJ LEGAL COUNSEL REVOCABLE LICENSE Deschutes County, Oregon (County) hereby grants the Sunriver Service District (Licensee), a non-exclusive revocable license to use County real property, described as Property is Lots 21 and 22, Block 19, Deschutes River Recreation Home sites and shall be referred to herein as "ParceL" RECITALS County owns Parcel, which is currently vacant and unused. Licensee desires to design, construct and maintain a training facility for its fire department. County is willing to grant Licensee a non-exclusive, revocable license for the purpose of conducting an investigation to determine the suitability of Parcel for Licensee's desired purpose and obtaining necessary land use approvals. This revocable license shall be without cost or charge to Licensee. NOW THEREFORE, this revocable license is granted upon the following terms and conditions: 1. The use of Parcel shall be for the limited purpose of Licensee's investigation of the suitability of Parcel for design, installation, maintenance and use of a fire training facility. If Parcel is determined to be suitable therefor, then Licensee may apply at Licensee's expense for all necessary land use approvals. County agrees to cooperate in obtaining land use approvals by appropriate execution of necessary applications, as Parcel owner. County's cooperation shall not be construed as commitment or assurance that County will approve such applications. 2. Licensee shall keep and utilize Parcel in a clean and safe condition and in compliance with all statutes and rules. County's granting of this license and Licensee's use thereof shall not be construed as creating an agency relationship or partnership between the parties. Licensee's investigation shall be at Licensee's sole cost and expense. 3. Licensee, its employees, agents and invitees, shall exercise the privileges contained herein at their own risk. Licensee agrees to be responsible for any damage or third party liability which may arise subject to the limitations and conditions of the Oregon Tort Claims Act (ORS 30.260 -30.300) and the Oregon Constitution (Article XI, Section 7), to the extent of liability arising out of the negligence or wrongful acts of Licensee, its officers, employees and agents. Licensee shall not be required to indemnify or defend the County for any liability arising solely out of the wrongful acts of employees or agents of the County. 4. Licensee shall keep Parcel free and clear from any and all liens and encumbrances and Licensee shall be fully responsible for any claim of damage, cost or expense on account of use of Parcel by Licensee. DC -20 11-0 '? 2 I 5. County may revoke this License at any time upon giving Licensee not less than thirty (30) days written notice of its intent to do so. Termination or revocation of this license shall not affect the accrual of any cause of action which might arise while this license was in effect. 6. In the event this license is revoked, County shall not be liable to Licensee and Licensee hereby releases and discharges County, its officers, agents and employees from any liability, cost or damage arising from or in any way related to County's action relating to the revocation of the license. 7. If suit or action is brought to enforce the terms of th is License or to cause discontinued use of the Parcel, then the prevailing party shall be entitled to attorneys' fees, in addition to costs and disbursements as awarded by the trial court and in any appeal therefrom by the appellate court. 8. If Licensee is satisfied that Parcel is suitable for Licensee's intended purpose and final land use approvals have been issued, the County and Licensee will enter into a long-term lease pursuant to which Licensee may deSign, construct, maintain and utilize Parcel as a fire training facility. Dated this )0 of ~.2011 BOARD OF COUNTY COMMISSIONERS acting as the governing body of the Sunriver Service District TAMM~ t t ANTHONY DEBONE, VICE CHAIR G.J-~U::=t-:- ALAN UNGER, COMMISSIONER ATIEST: ~~ Recording Secretary Dated this 2~Of '4~' 2011 BOARD OF COUNTY COMMISSIONERS Deschutes County, Oregon ~/ ANTHONY DEBONE, VICE CHAIR ATTEST: ~~ ~~ Recording Secretary ALAN UNGER, COMMISSIONER ---- DESCHUTES COUNTY OFFICIAL RECORDS CJ 2f1H .'7 NANCY BLANKENSHIP. COUNTY CLERIC 11& & , COMISSIONERS' JOURN~ 02/25/2011 0&:07:59 AI'! U~Jj~1111I111I111 Do not remove this page from original document. Deschutes County Clerk Certificate Page • I I I