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HomeMy WebLinkAboutDoc 730 - Note re Capital Improv Project - JailDeschutes 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 December 20, 2010 Please see directions for completing this document on the next page. DATE: December 9, 2010. FROM: Larry Blanton Sheriffs Office 3118 TITLE OF AGENDA ITEM: Consideration of Approval of Document No. 2010-730, a Promissory Note between Deschutes Ciunty and Countywide Law Enforcement District 1, allowing for funding to complete capital renovation projects in the Adult Jail. PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: Tax District 1 "Countywide" Fund 703 is making $900,000 available to the County to complete serveral capital renovation projects in the Adult Jail. FISCAL IMPLICATIONS: The Board previously approved funding for this project under Resolution No. 2010-129. RECOMMENDATION & ACTION REQUESTED: Board signature of Document No. 2010-730. ATTENDANCE: Sheriff Larry Blanton. DISTRIBUTION OF DOCUMENTS: Larry Blanton Sheriff Jeanine Faria Mark Pilliod REVIE LEGAL COUNSEL For Recording Stamp Only PROMISSORY NOTE DATE: November 22, 2010 PROMISOR: Deschutes County 1300 NW Wall St. Bend, OR 97701 PROMISEE: Deschutes County Countywide Law Enforcement District 1 ON DEMAND, Promisor promises to pay to Promisee the principal sum of NINE HUNDRED THOUSAND and no/100ths Dollars ($900,000.00), or so much of said principal sum as may be now and at anytime hereafter be advanced and outstanding, in lawful money of the United States of America. Unless otherwise directed by or on behalf of Promisee, all payment shall be addressed or delivered to the Deschutes County Finance Department, Deschutes Services Building, 1300 NW Wall St., Bend, Oregon. All or any portion of the indebtedness evidenced hereby may be prepaid at any time without penalty or surcharge of any kind or description. 1. Disputes. With respect to any dispute relating to this Note, or in the event that a suit, action, arbitration, or other proceeding of any nature whatsoever, including, without limitation, any proceeding under the U.S. Bankruptcy Code and involving issues peculiar to federal bankruptcy law, or any action seeking a declaration of rights, is instituted to interpret or enforce this Note or any provision of this Note, the prevailing party shall be entitled to recover from the losing party its reasonable attorneys' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined by the judge or arbitrator at trial or other proceeding, or on any appeal or review, in addition to all other amounts provided by law. 2. Waivers. Presentment, notice of dishonor, and protest are hereby waived by all Promisor's, sureties, guarantors, and endorsers hereof. 3. Notices. Any notice to Promisor provided for in this Note shall be given by mailing such notice by certified mail addressed to Promisor at the property address stated, or to such other address as Promisor may designate by notice to Promisee. Any notice to Promisee shall be given by mailing such notice by certified mail, return receipt requested, to Promisee at the address stated in the first paragraph of this Note, or at such other address as may have been designated by notice to Promisor. 4. Purpose. The purpose of this Note is to enable Deschutes County to undertake certain capital improvements to the Sheriffs offices and the Deschutes County jail, both of which capital assets belong to Deschutes County. Promissory Note Page 1 of 2 Pages DO 2010.7 • Dated this of , 2010 Promisor: BOARD OF COUNTY COMMISSIONERS OF DESCHLITES COUNTY, OREGON DENNIS R. LUKE, Chair ALAN UNGER, Vice Chair TAMMY BANEY, Commissioner ATTEST: Recording Secretary Promissory Note Page 2 of 2 Pages