HomeMy WebLinkAboutDoc 072 - Revoc License for Land - SR Svc DistDeschutes 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 February 23, 2011
Please see directions for completing this document on the next page.
DATE: February 8, 2011
FROM: Dave Kanner County Administrator xt. 6565
TITLE OF AGENDA ITEM:
Consideration and Board signature of Document #2011-072, a grant of a Revocable License to the
Sunriver Service District.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Sunriver Service District, specifically the Sunriver Fire Department, has requested that the County
transfer to the District a .75 acre piece of County -owned property, zoned RR -10, on which the District
would like to build a fire training facility.
The property in question was acquired by tax foreclosure and the County has the statutory right to sell,
exchange or lease the property or to relinquish it to another public entity. In this case, the property in
question is a high -groundwater ("red") lot and the County has a policy of not transferring red lots. In
this case it may be possible for the fire department to create the training facility without installing an
on-site wastewater disposal system. There would be a number of land -use hurdles to overcome, all of
which would be the responsibility of the District and its staff representative.
However, given the County's policy of not transferring red lots, staffs recommendation is that we grant
the district a revocable license which would allow the District to proceed with planning and obtaining
land -use approvals for the proposed training facility. The license in no way guarantees approval of
these land use applications, although it does stipulate that the County, as the owner, will cooperate in
the District's efforts to obtain approval. Should such approval be granted, the license states that the
County will enter into a long-term lease with SSD under which the District may design, construct,
maintain and utilize a fire training facility on the property.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Board approval and signature of Document #2011-072, a grant of a Revocable License to the Sunriver
Service District.
NOTE: The Board of Commissioners must convene as the Governing Body of the Sunriver Service
District and must also approve and sign this license in order to execute it.
ATTENDANCE: Dave Kanner, legal counsel,
DISTRIBUTION OF DOCUMENTS:
Record in Clerk's Office.
Copies to: Administration; Property & Facilities; Chief Art Hatch, Sunriver Fire Department
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.)
Date:
2/8/11
Please complete all sections above the Official Review line.
Department:
Contractor/Supplier/Consultant Name:
Contractor Contact:
/Art Hatch
Type of Document: Revocable license
Admin
Sunriver Service District
Contractor Phone #:
541-593-8622
Goods and/or Services: Grants the Sunriver Service District license to explore the
feasibility of constructing a fire training facility on County - owned land south of Spring
River Drive.
Background & History: This grants the district a revocable license which would allow
the District to proceed with planning and obtaining land -use approvals for a proposed
training facility. The license in no way guarantees approval of these land use
applications, although it does stipulate that the County, as the owner, will cooperate in
the District's efforts to obtain approval. Should such approval be granted, the license
states that the County will enter into a Tong -term lease with SSD under which the District
may design, construct, maintain and utilize a fire training facility on the property.
Agreement Starting Date:
Feb. 23, 2011
Annual Value or Total Payment:
so
Ending Date:
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
RFP, Solicitation or Bid Process
Informal quotes (<$150K)
Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
II
II
2/23/16
Funding Source: (Included in current budget? ❑ Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No
Special conditions attached to this grant:
2/8/2011
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant -funded position so that this will be noted in the offer letter: I I Yes 1 I No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Dave Kanner
6565
C. . ` 1
Department Director Approval:,..----______)‘ 0.,-e (i 7_ 1 `$ 1 1‘
Signature
Phone #: xt.
Date
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Record with Clerk's Office
Official Review:
County Signature Required (check one): VJ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review
f
Document Number 2 i- 0 7 z
Date ? - 8 --/,
2/8/2011
)4)_)„ EL:1E7,44
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.
OC -2011-0
2
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
ernployees 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 this 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
of , 2011
BOARD OF COUNTY COMMISSIONERS
acting as the governing body of the Sunriver
Service District
TAMMY BANEY , CHAIR
ANTHONY DEBONE, VICE CHAIR
ALAN UNGER, COMMISSIONER
ATTEST:
Recording Secretary
Dated this
2011
ATTEST:
of
BOARD OF COUNTY COMMISSIONERS
Deschutes County, Oregon
TAMMY BANEY , CHAIR
ANTHONY DEBONE, VICE CHAIR
Recording Secretary ALAN UNGER, COMMISSIONER