HomeMy WebLinkAboutDoc 162 - Tetherow Notice of DefaultDeschutes 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 March 28, 2012
Please see directions for completing this document on the next page.
DATE: March 6, 2012
FROM: Laurie Craghead Legal 541.3 88.6623
TITLE OF AGENDA ITEM:
Consideration of Board Signature of a 30-day notice of default for Tetherow Phase V for failure to
complete the required roads and utlities improvements by the deadline.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
In May, 2008, in order to record the final plat for Phase V in the Tetherow destination resort, Cascade
Highlands and the County entered into an improvement agreement. That agreement with the owners,
Cascade Highlands LLC required the completion of road and utilities improvements by June 6, 2011,
three years after the recording of the final plat. Those improvements have not been completed. Section
8.1.1. of the improvement agreement requires that the County send a 30-day notice of default before the
County has the right to call on the bond for those improvements. The letter accompanying this agenda
request is that notice.
The improvement agreement itself expires June 6, 2012. Thus, the deadline for sending the letter is the
end of April. That accounts for mailing time and time after the expiration of the 30 days to send the
appropriate form to the surety should the Board decide to call on the bond to build the roads and
utilities.
FISCAL IMPLICATIONS:
If the owners does not complete the improvements within 30 days, the County will have the right to call
the bond and use the money to hire a contractor to complete the requirements. The roads, however, will
be private.
RECOMMENDATION & ACTION REQUESTED:
Motion: Approve signature of the letter
ATTENDANCE: Laurie Craghead & Will Groves
DISTRIBUTION OF DOCUMENTS:
Original mail to addressee, copy to Laurie & Will.
Date
Cascade Highlands LLC
c/o George Morris
Spring Capital GP LLC
1399 Franklin Blvd.
Eugene, OR 97403
RE: Tetherow Phase V Improvement Agreement (Roads and Utilities)
Pursuant to Section 8 of the Improvement Agreement (Roads and Utilities Phase 5), Deschutes
County Document 2008-237, Recorded in the Deschutes County Official Records at 2008-23841
("Agreement"), Deschutes County hereby gives 30 days notice that the Owner failed to complete
the improvements required to be completed on June 6, 2008, three years from the recording of
the Phase 5 Final Plat in File No. FP A 08-7. Therefore, if the Owner does not complete the
required improvements within 30 days of the date of this letter, Deschutes County shall take
legal action for the completion of those improvements.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
TAMMY BANEY, Commissioner Recording Secretary