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HomeMy WebLinkAboutDoc 450 - License to Use County PropertyOJ. ....... ... tl.
UJ .J, a -<DI.........."(..:.sO.....•• Deschutes 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 July 11,2012
Please see directions for completing this document on the next page.
DATE: July 3,2012
FROM: Teresa Rozic Property & Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document 2012-450, a License between Deschutes County and
Darcie Davis and Anthony Santopolo.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
Darcie Davis and Anthony Santopol0, doing business as Glazed and Amused Doughnuts, operate a
mobile food unit and wish to locate in the space outside the county-owned building at 67 NW
Greenwood A venue, Bend. Their proposal is to provide food and non-alcoholic beverages from a Class
IV food truck Tuesday through Saturday, 7:00 am 2:00 pm and evenings when there are concerts in
the adjacent building.
The rental rate is typical in the City of Bend for mobile food units when the landowner does not provide
utilities. The presence of this business should discourage vandalism to the building.
FISCAL IMPLICATIONS:
Annual rental payment is $1,800.00.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends Board signature of Document 2012-450.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
One original to Teresa Rozic for the Licensee.
t
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: 107/03/20121 Department: IProperty & Facilities
Contractor/Supplier/Consultant Name: Darcie Davis and Anthon Santo 010
Contractor Contact: IDarcie Davi~ Contractor Phone #: 541-480-5574
Type of Document: License
Goods and/or Services: NIA
Background & History: Darcie Davis and Anthony Santopolo, dOing business as
Glazed and Amused Doughnuts, operate a mobile food unit and wish to locate in the
space outside the county-owned building at 67 NW Greenwood Avenue, Bend. Their
proposal is to provide food and non-alcoholic beverages from a Class IV food truck
Tuesday through Saturday, 7:00 am -2:00 pm and evenings when there are concerts in
the adjacent building.
The rental rate is typical in the City of Bend for mobile food units when the landowner
does not provide utilities. The presence of this business should discourage vandalism
to the building.
Agreement Starting Date: 108/01/20121 Ending Date: 107/31/20131
Annual Value or Total Payment: 1$1,800.001
Licensee will provide proof of liability insurance upon the effective date. There
are no employees at this time; they will be employed through an agency. Owners
are not required to provide worker's compensation insurance for themselves. o Insurance Certificate ReCeiVjd (Che.ck box)
1Insurance 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) ,
I
l
N/A
Funding Source: (Included in current budget? 0 Yes 0 No
If No, has budget amendment been submitted? 0 Yes 0 No
7/3/2012
____
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 No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Teresa Rozic Phone #: 385-1414
Department Director Approval: -I-A=-~_---.:.iI~/_1._L--_ 7 / ? / dO (';;t-
Signature Date
Distribution of Document: One original to Teresa Rozic for the Licensee.
Official Review:
County Signature Required (check one): 0 SOCC Department Director (if <$25K)
D Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. _____,
Legal Review Date
Document Number 2012-450
7/3/2012
Business Registry Business Name Search Page 1 of2
Business Registry Business Name Search
07-03-2012Nc)"SeJlfcit Business Entity Data 07-30-
Registry Nbr Entity
'{YJ2e
Entity
$tatu$ JYrisdjctign Reg istry Date Next Renewal
Date
Renewal
Due?
866129-92 ABN ACT 06-27-2012 06-27-2014
Entity Name GLAZED AND AMUSED DOUGHNUTS
Foreign Name
Affidavit? N
Associated Names
Type ~PB PRINCIPAL PLACE OF
BUSINESS
Addr 1 67 NW GREENWOOD AVENUE
Addr 2
CSZ IBEND lOR 197701 1 J country IUNITED STATES OF AMERICA
The Authorized Representative address is the mailing address for this
business.
Type ~P AUTHORIZED
REPRESENT A TIVE Start Date P6-27
2012 Resign Date
Name DARCIE IANNEIOA VIS I I
Addr 1 2207 NW AWBREY RD
Addr 2
CSZ IBEND lOR 197701 1 I country IUNITED STATES OF AMERICA
Type IREGIREGISTRANT I 1
Name DARCIE IANNEIOA VIS I I
Addr 1 2207 NW AWBREY RD
Addr 2
CSZ IBEND lOR 197701 I I Country IUNITED STATES OF AMERICA
Type IREGIREGISTRANT 1 I
Name !ANTHONY IJOHNISANTOPOLO 1 1
Addr 1 1003 NW BROOKS ST
Addr 2
CSZ IBEND lOR 197701 I I Country IUNITED STATES OF AMERICA
Business Entity Name Name
T~~e
Name
lStatus Start Date End Date
GLAZED AND AMUSED DOUGHNUTS EN CUR 06-27-2012
I
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Business Registry Business Name Search Page 2 of2
Please read before ordering COJ>~s.
N Sear~~ Summary H't~w h IS ory
Image
iAvaiiable Action !Transaction
Date
Effective
Date StatY..!i Name/Agent
Change Dissolved By
APPLICATION FOR
REGISTRATION 06-27-2012 FI Representative
New S.~~arch ICounties
Counties Filed
Crook, Deschutes, Jefferson
Counties Not Filed (but not necessarily available)
~aker, Benton, Clackamas, Clatsop, Columbia, Coos, Curry, Douglas,
Gilliam, Grant, Harney, Hood River, Jackson, Josephine, Klamath, Lake,
!Lane, Lincoln, Linn, Malheur, Marion, Morrow, Multnomah, Polk, Sherman,
Tillamook, Umatilla, Union, Wallowa, Wasco, Washington, Wheeler,
Yamhill
© 2012 Oregon Secretary of State. All Rights Reserved.
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REVIEWED
LEGAL COUNSEL
REVOCABLE LICENSE
DESCHUTES COUNTY a political subdivision of the State of Oregon ("Licensor") hereby grants
to DARCIE DAVIS and ANTHONY SANTOPOLO, dOing business as Glazed and Amused
Doughnuts, ("Licensee"), a non-exclusive revocable license to use County real property,
described as approximately Six Hundred Fifty (650) square feet of exterior paved space directly
in front of the building located at 67 NW Greenwood Avenue, Bend, Oregon 97701, together
with necessary ingress and egress for such space, referred to herein as "the Premises."
RECITALS
Deschutes County is willing to grant Licensee a non-exclusive, revocable license so that
Licensee may use the Premises to operate a mobile food unit, as defined in Oregon
Administrative Rules (OAR) 333-150-0000, 1-201.10(B)(48.1).
NOW THEREFORE, this nonexclusive, revocable license is granted upon the following terms
and conditions:
1. Term. The effective date of this License shall be August 1, 2012, or the date on which
each party has signed this License, whichever is later, and shall continue until July 31,
2013 ("initial term"). Licensor and Licensee each reserve the right to terminate this
License prior to its expiration with thirty (30) days written notice, given to the other party.
If this License has not expired or terminated and Licensee is not in default under the
terms of this License, Licensee shall have the option to renew this License for
successive one-year terms on the following terms:
a. Each renewal term shall commence on the day following the expiration date of the
preceding term.
b. Each renewal option, if exercised, shall be made by written notice delivered to
Licensor not less than sixty (60) days prior to the expiration date of the expiring term.
Licensor shall notify Licensee in writing within sixty (60) days of receipt of such
notice whether Licensor agrees to allow the License to be renewed. Licensor's failure
to notify Licensee of Licensor's decision shall be deemed acceptance of the renewal.
c. The terms and conditions of this License for each renewal term shall be the same as
the original term, except the rent for the renewal term, which shall be negotiated by
Licensor and Licensee. If the parties are unable to agree on the rent for the renewal
term, this License will terminate upon the expiration date.
10lh2. Rent. Licensee shall pay rent in advance by the day of each month for the
preceding month or partial month. Rent shall be payable without notice or demand at
the office of Deschutes County Property & Facilities Department, PO Box 6005, Bend,
Oregon 97708-6005, or at such other place as may be designated in writing by Licensor.
The monthly rent shall be One Hundred Fifty Dollars ($150.00) per month.
3. Use of Premises. The Premises shall be used by Licensee for operation of a Class IV
mobile food unit, as defined in OAR 333-162-0020(2)(d). Licensee shall operate the
mobile food cart as described in the Proposal which is attached to this License as Exhibit
"A" and incorporated herein by this reference. The said Proposal is considered a
Page 1 of6 l
fDC 2012-450
representation or warranty by the Licensee. Licensee shall provide all necessary
materials and supplies for food and beverage preparation, service, and sanitation. Any
customer seating and signage shall be limited to the Premises.
The Premises shall be used by Licensee for the purpose of operating Licensee's primary
business, Glazed and Amused Doughnuts. Licensee, its principals or agents shall not
use the Premises to operate a business other than that specified in this License and
shall not use the Premises address as the business or mailing address for any other
business than that specified in this License without obtaining the Licensor's written
consent in advance.
4. Parking. Licensor does not provide parking for the Premises.
5. Restrictions on Use. In connection with the use of the Premises, Licensee shall:
a) Conform to all applicable laws and regulations affecting the Premises and correct at
Licensee's own expense any failure of compliance created through Licensee's fault or by
reason of Licensee's use of the Premises. Licensee shall not be required to make any
structural changes to affect such compliance, unless such changes are required
because of Licensee's specific use. Licensee shall not place any permanent
improvement or fixture to the Premises.
b) Refrain from any use which would be reasonably offensive to the Licensor, other
licensees, tenants, or owners or users of adjoining premises or unoccupied portions of
the premises, or which would tend to create a nuisance or damage the reputation of the
real property.
c) Refrain from making any unlawful or offensive use of said property or to suffer or
permit any waste or strip thereof.
d) Exercise diligence in protecting the premises and adjoining common area from
damage.
e) Be responsible for removing any liens placed on said property as a result of
Licensee's use of licensed premises.
6. Licensee's Obligations. The following shall be the responsibility of the Licensee:
a) Licensee shall not be required to make structural repairs that would place the
Premises in a better condition than at the commencement of this License. Licensee may
place personal property on the Premises.
b) Licensee, at its expense, shall keep Licensee's equipment and facilities in a first
class repair, operating condition, working order and appearance. Licensee shall also be
responsible for any repairs to other property necessitated by its negligence or the
negligence or wrongful acts of its agents, employees and invitees.
c) Any repairs or alterations required under Licensee's obligation to comply with laws
and regulations as set forth in "Restrictions on Use" above.
Page 2 of 6
d) Licensee's sign age and decorative accessories may be allowed but must be
approved by the Licensor prior to installation and must not interfere with public traffic
flow. Placement of exterior signs, whether wall-mounted or free-standing, will be subject
to the prior approval of the County's Building Services Division. Exterior signs, if
allowed, must also comply with the City of Bend sign code and be installed in
accordance with all related City of Bend permit regulations.
7. Maintenance and Repair of Premises.
a) Licensor shall perform all necessary maintenance and repairs to the structure,
foundation, exterior walls, roof, doors and windows, emergency lighting (if any), which
are located on the Premises. Licensor shall maintain the premises in a hazard free
condition.
b) Should Licensor fail to maintain the Premises in accordance with above requirements
and after at least fourteen (14) days prior written notification to Licensor, Licensee may
terminate the License.
c) Licensee shall maintain the sidewalk in a clean and safe condition. Licensee shall
maintain its facilities and equipment on the Premises so as to impact in the least
possible way Licensor's equipment, facilities and personnel. Licensee shall also secure
its personal property on the Premises in a clean, safe and sanitary condition when not in
use and at the close of daily business.
d) Licensee shall take good care of the Premises and at the expiration of the term
surrender the Premises in as good condition as at the commencement of this License,
excepting only reasonable wear, permitted alterations, and damage by fire or other
casualty.
8. Utilities and Services. Licensor shall not provide utilities or janitorial services for the
Premises
9. Liens.
a) Except with respect to activities for which the Licensor is responsible, the Licensee
shall pay as due all property taxes, all claims for work done on and for services rendered
or material furnished to the licensed premises and shall keep the property free from any
liens. If Licensee fails to pay any such claims or to discharge any lien, Licensor may do
so and collect the cost from Licensee. Any amount so expended shall bear interest at
the rate of nine percent (9%) per annum from the date expended by Licensor and shall
be payable on demand. Such action by Licensor shall not constitute a waiver of any
right or remedy which Licensor may have on account of Licensee's default.
b) Licensee may withhold payment of any claim in connection with a good faith dispute
over the obligation to pay, so long as Licensor's property interests are not jeopardized.
If a lien is filed as a result of nonpayment, Licensee shall, within thirty (30) days after
knowledge of the filing, secure the discharge of the lien or deposit with Licensor cash or
a sufficient corporate surety bond or other surety satisfactory to Licensor in an amount
sufficient to discharge the lien plus any costs, attorney fees and other charges that could
accrue as a result of a foreclosure or sale under a lien.
Page 30f6
10. Insurance.
a) It is expressly understood that Licensor shall not be responsible for carrying
insurance on any property owned by Licensee.
b) Licensee will be required to carry fire and casualty insurance on Licensee's personal
property on the Premises.
c) Licensor will carry fire and casualty insurance only on the structure where Premises
are located.
d) Licensee shall carry commercial general liability insurance, on an occurrence basis
with a combined single limit of not less than limitations set forth in DRS 30.271. Licensee
may fulfill its obligations through a program of self-insurance pursuant to applicable law.
Licensee shall provide Licensor with a certificate of insurance, as well as an
endorsement, naming Deschutes County, its officers, agents, employees and volunteers
as an additional insured. There shall be no cancellation, termination, material change, or
reduction of limits of the insurance coverage during the term of this License.
e) Licensee shall provide to Licensor proof of workers compensation insurance or a
legally established program of self-insurance for workers compensation claims.
f) Indemnification: Licensor and Licensee shall each be responsible for and defend,
indemnify and hold the other harmless for losses, costs or claims due to the negligent
and wrongful acts of their employees, agents and invitees. Licensor's liability exposure is
limited by the Oregon Constitution, Article XI, and Oregon Revised Statutes 30.260
through 30.300.
11. Casualty Damage. If the Premises or improvements thereon are damaged or destroyed
by fire or other casualty to such a degree that the Premises are unusable for the purpose
Licensed, and if repairs cannot reasonably by made within ninety (90) days, Licensee
may elect to cancel this License. Licensor shall in all cases promptly repair the damage
or ascertain whether repairs can be made within ninety (90) days, and shall promptly
notify Licensee of the time required to complete the necessary repairs or reconstruction.
If Licensor's estimate for repair is greater than ninety (90) days, then Licensee, upon
receiving said estimate will have twenty (20) days after such notice in which to cancel
this License. Following damage, and including any period of repair, Licensee's rental
obligation shall be reduced to the extent the Premises cannot reasonably be used by
Licensee.
12. Surrender of Licensed Premises. Upon abandonment, termination, revocation or
cancellation of this License or the surrender of occupancy of any portion of or structure
on the Licensed premises, the Licensee shall surrender the real property or portion
thereof to Licensor in the same condition as the real property was on the date of
possession, fair wear and tear excepted, except, that nothing in this License shall be
construed as to relieve Licensee of Licensee's affirmative obligation to surrender said
premises in a condition which complies with all local, state or federal environmental
laws, regulations and orders applicable at the time of surrender that was caused by
Licensee or occurred during the term of this License. Upon Licensor's written approval,
Licensee may leave site improvements authorized by any land use or building permit. I
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Page 4 of6
Licensee's obligation to observe and perform this covenant shall survive the expiration
or the termination of the License.
13. Nonwaiver. Waiver by either party of strict performance of any provision of this License
shall not be a waiver of or prejudice of the party's right to require strict performance of
the same provision in the future or of any other provision.
14. Default. Neither party shall be in default under this License until written notice of its
unperformed obligation has been given and that obligation remains unperformed after
notice for fifteen (15) days in the case of the payment or for thirty (30) days in the case
of other obligations. If the obligation (other than payment) cannot be performed within
the thirty-day period, there shall be no default if the responsible party commences a
good faith effort to perform the obligation within such period and continues diligently to
complete performance. In case of default the non-defaulting party may terminate this
License with thirty (30) days' notice in writing to the defaulting party, shall be entitled to
recover damages or any other remedy provided by applicable law, or may elect to
perform the defaulting party's obligation. The cost of such performance shall be
immediately recoverable from the defaulting party plus interest at the legal rate for
judgment. If Licensee makes any such expenditures as the non-defaulting party, those
expenditures may be applied to monthly rent payments(s).
15. Notices. Notices between the parties shall be in writing, effective when personally
delivered to the address specified herein, or if mailed, effective 48 hours following
mailing to the address for such party speCified below or such other address as either
party may specify by notice to the other:
Licensor:
Licensee:
16. ASSignment.
Deschutes County
Attn: Susan Ross
PO Box 6005
Bend, Oregon 97708-6005
Phone: 541.383.6713
Darcie Davis
2207 NW Awbrey Rd.
Bend, Oregon 97701
Phone: 541.480.5574
Licensee shall not assign or sub-rent the premises without the prior written
consent of the Licensor.
17. Attorneys' Fees. In the event a suit or action of any kind is instituted on behalf of either
party to obtain performance under this License or to enforce any rights or obligations
arising from this License, each party will be responsible for paying its own attorney fees.
18. Authority. The SignatOries to this agreement covenant that they possess the legal
authority to bind their respective principals to the terms, provisions and obligations
contained within this agreement.
19. Counterparts. This License may be executed in two or more counterparts, by facsimile
or otherwise, each of which is an original, and all of which together are deemed one and
Page 5 of6
the same License, notwithstanding that all parties are not signatories to the same
counterpart.
20. MERGER.
THIS LICENSE CONSTITUTES THE ENTIRE LICENSE BETWEEN THE PARTIES.
NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS
LICENSE SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY
BOTH PARTIES. SUCH WAIVER. CONSENT. MODIFICATION OR CHANGE, IF
MADE. SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE
SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS. AGREEMENTS.
OR REPRESENTATIONS. ORAL OR WRITTEN. NOT SPECIFIED HEREIN
REGARDING THIS LICENSE. LICENSOR, BY THE SIGNATURE BELOW OF ITS
AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT LICENSOR
HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY
ITS TERMS AND CONDITIONS.
LICENSOR:
Dated this ___day of ________, 2012
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, CHAIR
ATTEST: ALAN UNGER, VICE-CHAIR
Recording Secretary TAMMY BANEY, COMMISSIONER
LICENSEE:
Dated this "$ reA.. day Of_--;oj~J:::.....;:~::..:;..;-___• 2012
~--":----~
Darcie Davis, General Partner
Glazed and Amused Doughnuts
Page 6 of6
PROPOSAL FOR EXTERIOR SPACE USAGE
DESCHUTES COUNTY BUILDING
-LOCATED AT
67 NW GREENWOOD AVENUE
BEND, OR 97701
Our business would like to respectfully submit a proposal, to lease or obtain a license/permit to operate in the space outside
of the building located at 67 NW Greenwood Avenue from Deschutes County to park our Class IV approved mobile food truck.
The vehicle would be parked primarily in this location selling specialty doughnuts, but would leave the premise on occasion
to vend at concerts and events in Central Oregon throughout the year, for a day to several days at a time. This would be a
year-round operation.
This opportunity would create at least 3 full-time jobs for currently unemployed and/or under-employed people. We look
forward to serving our entire community, from locals and tourists, to business people and families-all deserve to enjoy
our unique, fresh and made-to-order variety of doughnuts. Naturally, coffee will be available, as well as other non-alcoholic
beverages. We would be responsible for keeping the location clean-providing a trash can and disposing of litter, sweeping
and snow removal in the winters. In addition, we believe our presence will benefit the County and surrounding businesses by
discouraging vandalism and maintaining a safe environment.
We are expecting to be ready to operate on or near August 1st, 2012. We would like to lease the space for a term of one year
to start if possible. However, length of term is completely negotiable.
PROPOSED AREA OF USE AND USAGE:
Exterior paved space in front of building, Greenwood Avenue side (See Lot Plan on page 3). Paved location is apx. 36 feet by
18 feet, inside of and not including sidewalks. Deschutes County would have access to the door into the building as needed.
Food truck will be parked as such to leave room for access.
DAYS AND -riME OF OPERATIONS:
Tuesday through Tllursday-7 AM to 2PM. Concert nights, open SPM to Midnight.
Friday and Saturday-7AM to 2PM, and SPM to Midnight.
Sunday and Monday-Closed.
VEHICLE:
It is a very clean and serviced 2002 Grumman Workhorse Class IV food truck, freshly painted and new kitchen installed to code.
The vehicle is 22 feet long, 7.S feet wide and 7.S feet high.
-PAGE 1
sin SPECIFICATIONS:
If possible, we would like to have access to an electrical hookup with a 50 amp service. If one is not readily available, we would like to
negotiate the installation of a hookup and power panel, with separate meter if needed. The truck is self contained with fresh and gray
water tanks and propane. We will be driving the truck off site to take care of these every few days after closing hours or on closed days.
ADA ACCESS:
Site and order window will be accessible to persons with disabilities. Area is already paved with access from sidewalk and employee
will be able to assistthose persons with their orders as needed. There will be no stairs or obstacles blocking access to the order window.
TRAFFIC AND PARKING:
The majority of our business serves foot traffic or people who are already utilizing this busy corridor, being drawn by the surrounding
businesses and events. Additional traffic impact would be minimal. Ample street parking is available on both Hill Street and Greenwood
Avenue. Most stop-in vehicle traffic would be of short duration and parking space turn over would be fairly rapid.
BUSINESS EN'I'ITY AND OWNER INFORMA1'ION:
Brand-new, privately and locally owned company, currently operating as a general partnership. We are obtaining a business license
with City of Bend, registering our new name with the State of Oregon and applying for a Federal Tax 10 number. The truck is currently
in Portland getting the kitchen installed. Once in Bend, an inspection and certificate from Deschutes County Environmental Health will
be obtained immediately. Copies of all this information will be forwarded to the County as soon as it is received.
Darcie Davis
Owner
541.480.5574
Tony Santopolo
Owner
541.550.8849
REFERENCES:
Scott Reynolds Chuck Arnold
Manager, All Star labor and Staffing Executive Director, Downtown Bend Business Association
541.389.1718 541.788.3628
Robin lewis
Traffic Engineer, City of Bend
541.848.9596
-PAGE 2
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