HomeMy WebLinkAboutDoc 330 - Amend RE Agrmt - BiogreenDeschutes 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 22, 2011
Please see directions for completing this document o11 //1e next page.
DATE: June 7. 2011
FROM: Teresa Rozic Property & Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of Chair Signature of Document 2011-330. an Addendum To Real Estate Sale
Agreement between Deschutes County. Seller. and Biogreen Sustainable Energy Co.. Buyer.
PUBLIC HEARING ON THIS DATE'? No
BACKGROUND AND POLICY IMPLICATIONS:
On June 29. 2009. the Board of County Commissioners signed an Option Agreement (DC 2009-312)
giving Biogreen Sustainable Energy Co. ("Biogreen") the exclusive Option to purchase ten acres Of
unimproved land in the La Pine Industrial Site. Biogreen. based in St. Helens. Oregon. wishes to
purchase acreage to build and operate a biomass power facility.
The parties signed an amendment (DC 2010-165) on March 3, 2010, to increase the optioned acreage to
19.5 acres and to set the sale price to he S 1.200.000.
The Option Agreement expires June 29, 2011. Biogreen has met several project benchmarks but some
key elements are not final. Biogreen expects that project engineering will he final by mid-June and that
project financing will he in place by mid-August. They expect to begin construction by late August or
early September 2011. I3iogreen has asked to extend the Option Agreement through June 1. 2012.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Staff recommends Board authorize the Chair to sign Document 2011-330.
ATTENDANCE: "Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Original to Teresa Rozic to he deposited in escrow.
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:
Please complete all sections above the Official Review line.
6/7/20111 Department: Property & Facilities]
Contractor/Supplier/Consultant Name: Biogreen Sustainable Energy Co.
Contractor Contact: Rob Broberg Contractor Phone #: 360-963-5400
Type of Document: Addendum To Real Estate Sale Agreement
Goods and/or Services: n/a
Background & History: On June 29, 2009, the Board of County Commissioners
signed an Option Agreement (DC 2009-312) giving Biogreen Sustainable Energy Co.
("Biogreen") the exclusive option to purchase ten acres of unimproved land in the La
Pine Industrial Site. Biogreen, based in St. Helens, Oregon, wishes to purchase
acreage to build and operate a biomass power facility.
The parties signed an amendment (DC 2010-165) on March 3, 2010, to increase the
optioned acreage to 19.5 acres and to set the sale price to be $1,200,000.
The Option Agreement expires June 29, 2011. Biogreen has met several project
benchmarks but some key elements are not final. Biogreen expects that project
engineering will be final by mid-June and that project financing will be in place by mid-
August. They expect to begin construction by late August or early September 2011.
Biogreen has asked to extend the Option Agreement through June 1, 2012.
Agreement Starting Date: 16/30/2011 Ending Date: 6/1/2012
Annual Value or Total Payment:
n/aj
n/a
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)
n/a
Funding Source: (Included in current budget?
Yes
If No, has budget amendment been submitted? 1 1 Yes
No
No
6 7'2011
Is this a Grant Agreement providing revenue to the County? Yes XJ 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: I I 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:
Distribution of Document:
Original to Teresa Rozic
Signature Date
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Number 2011-330
6'7'201
SECTION 14 T22S. R.10E. W.M.
DESCHUTES COUNTY
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ADDENDUM TO REAL ESTATE SALE AGREEMENT
Thie iu an Addendum to: ® Real Estate Sale Agreement j3 Seller's Counter Offer Buyer's Counter Offer
2 fie, Real Estate Sale Agreement No, 5/i9/09s$C-4.0Q Dated June 24, 2009 Addendum No. C
3 Buyer,Bioo-Teen f3ustainablrr Lnsarev Co, and/or Assions
4 Satter: Deschutes County
5 The real properly described as;Lot 100 Mitts Way La Pin*. OF 97_139
8 SELLER AND BUYER HEREBY AGREE THE FOLLOWING SHALL BE A PART OF THE REAL ESTATE SALE AGREEMENT REFERENCED
7 ABOVE.
8 Option Agraomont - Document No, 2009-312
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
La Piro Xrsdustrial Bite Traat:E
gayer and Seller agree to extend ,Option Agxeomont through Juno 1, 2012.
27 uybK$,igritgt,e 44-41---r t f ✓A 4e44 [hale a;rn. pini_ f
Biogreen Sustalnah Knorgy Co
28 Buyer Signature Date a.m. p.m. F
and/or Assigns
29 Seller Signature Date a,rnp,m, (-
Deschutes
Deschutes County
30 Seller Signature Date a.m. p.m. f
31 Selling Licensee Mame Rinehart/Andrea- E.helps Listing Licensee Tod 0cholur
32 Selling Ffrm Broker's lnlllals/pato
I Listing Flrm Broker's [MUMS/Dale /
Tris form has bean Ifoenaad for use by Cfeme RIneha't solely t'I accordance with ha Terme of Service per 0regan Heal Estate Forms, LLC
Q Oregon Real Estale Forms, LLC Rev 01109
No pardon may be reproduced without express permission of Oregon Real Estate Forms, LLC CREF 002
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