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Home My WebLink AboutDoc 388 - License to Use County Land Short-termDeschutes 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 June 27, 2012 Please see directions for completing this document on the next page. DATE: June 19,2012 FROM: Teresa Rozic Property & Facilities 541-385-1414 TITLE OF AGENDA ITEM: Consideration of signature by the Interim County Administrator of Document 2012-388, a License to Little Deschutes Lodge 2, LLC. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: In 2009, PC Affordable Housing Inc. (manager for Little Deschutes Lodge 2, LLC) completed construction of the Little Deschutes Lodge, an affordable housing complex for seniors. Little Deschutes Lodge is located north of the La Pine Senior Center on land donated by Deschutes County. PC Affordable Housing is set to begin construction of their second phase, Little Deschutes Lodge 2, on land adjacent to the first building. Deschutes County owns a half-acre parcel between the Little Deschutes Lodge 2 site and Memorial Lane. PC Affordable Housing Inc. wishes to use that land during construction for staging equipment and access. FISCAL IMPLICATIONS: None. Consideration for this license is the public benefit. RECOMMENDATION & ACTION REQUESTED: Staff recommends that the Board authorize the Interim County Administrator to sign Document 2012 388. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: One original to Teresa Rozic for the Licensee. \ I 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: \06/19/20121 Department: IProperty & Facilities Contractor/Supplier/Consultant Name: Little Deschutes Lod e 2, LLC Contractor Contact: \Rob Ro~ Contractor Phone #: 541-382-6373 Type of Document: License Goods and/or Services: N/A Background &History: In 2009, PC Affordable Housing Inc. (manager for Little Deschutes Lodge 2, LLC) completed construction of the Little Deschutes Lodge, an affordable housing complex for seniors. Little Deschutes Lodge is located north of the La Pine Senior Center on land donated by Deschutes County. PC Affordable Housing is set to begin construction of their second phase, Little Deschutes Lodge 2, on land adjacent to the first building. Deschutes County owns a half-acre parcel between the Little Deschutes Lodge 2 site and Memorial Lane. PC Affordable Housing Inc. wishes to use that land during construction for staging equipment and access. Agreement Starting Date: puly 2,2012\ Ending Date: !April 30, 2013\ Annual Value or Total Payment: INone -public benefi~ I I N/A -see Section 7 of the License D Insurance Certificate ReCeiVjd (ChiCk 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 Is this a Grant Agreement providing revenue to the County? D Yes ~ No 6/1912012 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: Yes D 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: ~/( L--[p (1C7 (dOl Y , Signature Date Distribution of Document: One original to Teresa Rozic for the Licensee. Official Review: County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K) o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____) Legal Review Date Document Number 2012-388 6119/2012 311712010 221011CB THIS MAP WAS PREPARED FOR N.W.1/4 S.W.1/4 SEC.11 T.22S. R.10E. W.M. ASSESSMENT PURPOSE ONLY DESCHUTES COUNTY 1" = 100' SEE MAP 2210 11 -_"":~-,t,,,,, l;iI' j; 'Ii'" ;"ii';;iil " ..~;n" J ""Ii»)),,,is; Ii""iiilj( I ~ 1/16 COR---=-,~ _ I ,, I 100 "" vlUrJ?~/>rf2.eA SEE Af'o¥ l110 r, / !I urrLl6 1>~~i\(,(.jl;!5--+----:: ~\\.)/ f!' c:s/ \..O~\t:I/ tf ,V'\ -..J ?\J> ~ cD'\ I I ,\\0\\/ 0'\\ ! \"'\'.' I (( (. PARCEl' -"" / (....01)at; t '" l <;4Y 1/16 COR -1f15COR T SEE MAP 2210 llce 221011CB REVIEWED LEGAL COUNSEL LICENSE DESCHUTES COUNTY, a political subdivision of the State of Oregon, Licensor, grants to LlTILE DESCHUTES LODGE 2, LLC, an Oregon limited liability company, Licensee, its successors and assigns, a temporary, revocable, non-exclusive license upon, over, under, across and through the real property described as Parcel 1 of Partition Plat 2009-17, Deschutes County records (the "License Area") for purposes of constructing affordable housing known as Little Deschutes Lodge 2. The true consideration for this conveyance is other value given and promised that is the whole consideration. This License is granted on the following terms and conditions: 1. SCOPE. This License shall be limited to the property described as Parcel 1 of Partition Plat 2009-17, Deschutes County. Licensee may enter upon the License Area for purposes of constructing staging, including without limitation storage of equipment and materials and access in order to construct the housing project. 2. TERM. This License shall be effective July 2, 2012 and continue through April 30, 2013, the expected completion of the construction project. 3. LICENSOR'S RIGHTS. Licensor shall have the right to use the License Area and any part thereof, so long as Licensor's use does not interfere with this License; provided that Licensor shall not place any structure upon the License Area without the prior written consent of Licensee. Licensee shall not unreasonably withhold consent under this paragraph. 4. QUALITY OF TITLE. This License is granted subject to any and all prior Licenses or encumbrances of record and those common and apparent upon the land. 5. RESTRICTIONS ON USE. Licensee's use of the License Area shall conform to all applicable laws and regulations of any public authority affecting the real property, and correct at Licensee's expense any failure of compliance created through Licensee's fault or by reason of Licensee's use of said real property. Prior to exercising this License, Licensee shall request and obtain from the County Road Department permission to take access from the adjacent public road and a suitable location for such access to the License area. Licensee shall satisfy any conditions required by the Road Department for use of such access. 6. ENVIRONMENTAL POLLUTION. The provisions of this section supplement other License provisions that might be applied concerning the Licensee's obligations, responsibilities and liabilities for environmental pollution, present and future, and for compliance with the laws, regulations or orders of any governmental agency concerning environmental pollution, present and future. on the premises. To the extent that the provisions of this section conflict with any such other provisions, the provisions of this section shall control. Where terms of this section use terms that are found in applicable state and federal environmental pollution laws, those terms shall Document No. 2012-388 Page 1 of 3 DC 2012-388 --- 10. LICENSE TERMINATION. This temporary License shall terminate effective upon thirty (30) days notice from Licensor to Licensee within Licensor's sole discretion or effective upon delivery to Licensee of Licensor's notice if Licensee is in violation of this License. Termination shall not affect any right or liability which accrues prior to the date of termination. 11. RESTORATION. Prior to Licensee's dispossession of the License Area, Licensee shall restore the disturbed portions of the License Area to their condition prior to Licensee's possession. Licensee shall reimburse Licensor for all costs and expenses incurred by Licensor in restoring the disturbed portions of the License Area, if Licensee fails or refuses to do so. 12. PARTNERSHIP. Licensee is not by virtue of this License a partner or joint venturer with Licensor in connection with activities carried on under this License, and Licensor shall have no obligation with respect to Licensee's debts or any other liabilities of each and every nature. 13. LICENSEE NOT AN AGENT OF COUNTY. It is agreed by and between the parties that Licensee is not carrying out a function on behalf of the Licensor, and Licensor does not have the right of direction or control of Licensee's operation under this License or exercise any control over the activities of the Licensee. 14. GOVERNING LAW. This License and the rights and obligations of the parties hereunder shall in all respects be governed by, and construed and enforced in accordance with, the laws of the State of Oregon. DESCHUTES COUNTY By: _________________________ DATED: _______________ 2012 Erik Kropp Interim County Administrator LITTLE DESCHUTES LODGE 2, LLC DATED: -S.?(t~1tfJ4I{----2012 DATED: J I....!) t\...t.. \C{ 2012 « Document No. 2012-388 Page 3 of3