HomeMy WebLinkAboutBend La-Pine Schools Construction AgrmtDeschutes 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 March 25, 2009
Please see directions for completing this document on the next page.
DATE: March 20, 2009
FROM: Laurie Craghead/Mark Pilliod Legal Phone # 388 -6623
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2009 -159, Building Permit and Construction
Agreement with Bend -La Pine School District.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
The Bend -La Pine School District has an urgent need to begin grading and foundation work as part of
the construction of the new school in the Newberry Neighborhood. Because the final plat for the
partition and, therefore, the conveyance from the County to the District are not ready for recording at
this time, the District is requesting that the Board enter into the attached agreement to allow the District
to begin such work while the property is till in County ownership.
As background, in the County's Comprehensive Plan and in a 1998 Intergovernmental Agreement, the
County agreed to sell to the Bend -La Pine School District 15 acres in the Newberry Neighborhood for
purposes of a new school. The County signed the applications and the District has received a partition
tentative plan, site plan and building permit approval. The final plat for the partition and deed to the
District, however, cannot be recorded until certain improvements are completed.
The Board previously signed a license agreement allowing the District to begin constructing the road
and utility improvements that would allow the District to record the partition final plat. Because the
contractor is already onsite, as part of installing those improvements and to keep time and costs at a
minimum, the contractor and the District want to begin the grading and foundation work for the
construction of the actual school building. Because the County still owns the property, the District
needs an agreement with the County allowing the District to complete such work on the property.
The actual conveyance of the property to the District will likely occur within the next couple of months.
FISCAL IMPLICATIONS:
The County will have a fiscal impact if the conveyance of the parcel to the District fails. Then, thi:
County will have to decide what to do with property that has been compromised by partial construction.
The other possible fiscal impacts are included in the agreement and will be the responsibility of th,:
District.
RECOMMENDATION & ACTION REQUESTED:
Approve and authorize the County Administrator to sign the agreement.
ATTENDANCE: Sharon Smith, legal counsel for the District, and Laurie Craghead
DISTRIBUTION OF DOCUMENTS:
The on original goes to Legal Counsel for mailing to or pick up by Sharon Smith. One original goes to
Teresa Rozic in Property Management.
Legal /Property Managemen4
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:
March 20, 2009
Please complete all sections above the Official Review line.
Contractor /Supplier /Consultant Name:
Contractor Contact:
4331
Sharon Smith
Department:
Bend -La Pine School District
Contractor Phone #:
Type of Document: IGA - Building Permit and Construction Agreement
541 -382-
Goods and/or Services: The agreement allows the District to begin building
construction work on the new elementary school in the Newberry Neighborhood in La
Pine.
Background & History: The Bend -La Pine School District has an urgent need to
begin grading and foundation work as part of the construction of the new school in the
Newberry Neighborhood. Because the final plat for the partition and, therefore, the
conveyance from the County to the District are not ready for recording at this time, the
District is requesting that the Board enter into the attached agreement to allow the
District to begin such work while the property is till in County ownership.
As background, in the County's Comprehensive Plan and in a 1998 Intergovernmental
Agreement, the County agreed to sell to the Bend -La Pine School District 15 acres in
the Newberry Neighborhood for purposes of a new school. The County signed the
applications and the District has received a partition tentative plan, site plan and
building permit approval. The final plat for the partition and deed to the District,
however, cannot be recorded until certain improvements are completed.
The Board previously signed a license agreement allowing the District to begin
constructing the road and utility improvements that would allow the District to record the
partition final plat. Because the contractor is already onsite, as part of installing those
improvements and to keep time and costs at a minimum, the contractor and the District
want to begin the grading and foundation work for the construction of the actual school
building. Because the County still owns the property, the District needs an agreement
with the County allowing the District to complete such work on the property.
The actual conveyance of the property to the District will likely occur within the next
couple of months.
Agreement Starting Date:
March 25, 2009
Annual Value or Total Payment:
None
Ending Date:
❑ Insurance Certificate Received (check box)
3/20/20(,9
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
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:
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 I I No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Mark Pilliod / Teresa Rozic
Phone #: 388 -6623 / 385 -1414
Department Director Approval:
Signature Date
Distribution of Document: Who gets the original document and /or copies after it has
been signed? One original goes to Legal Counsel to be mailed to or picked up by
Sharon Smit. One original goes to Teresa Rozic, Property Management.
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
3/20/201( 19
REVIEWED
LEGAL COUNSEL
For Recording Purposes Only
DESCHUTES COUNTY CONTRACT NO. 2009-
BUILDING PERMIT
AGREEMENT
This Agreement, is made and entered into by and between Deschutes County, a political subdivision of
the State of Oregon, ( "County ") and the Bend -La Pine Schools, a school district of the State of Oregon,
( "District ").
RECITALS
WHEREAS, the County owns real property identified in Deschutes County Planning Minor Parttion
File No.: MP 08 -21, consisting of Parcels 1, 2, & 3; and
WHEREAS, the District will be purchasing Parcel 1 for construction of an elementary school; and
WHEREAS, both parties signed the application for the Minor Partition (MP 08 -21) and also for Site
Plan approval (SP 08 -26), the Parties wish to provide for the District to obtain building permit:; and
begin construction in advance of the recording of the partition and transfer of Parcel 1.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, which
are the whole consideration, it is mutually agreed as follows:
AGREEMENT
1. The County hereby authorizes the District, as its agent, to obtain building permits at the
District's expense for construction on Parcel 1. District is authorized, but not as County's
agent, to construct improvements thereon pursuant to SP 08 -26 and in accordant e with
County's plan review.
2. The District agrees to indemnify, defend, and save harmless the County, its officers, elected
officials, agents and employees from and against all claims, suits, actions, damage;,, costs,
losses and expenses in any manner resulting from, arising out of, or connected with ;rant of
this agency, and any activity, occurrence and release upon, within or otherwise relater, l to this
Agreement and the property. Such indemnification shall be severable and shall survive
independently any termination of this Agreement.
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BEND -LA PINE SCHOOLS:
[Signatures on the Next Page]
Date JOHN M. REXFORD, Deputy Superintendent, Operations
STATE OF OREGON
County of Deschutes )
The foregoing Agreement was executed before me this day of , 2000, by
John M. Rexford, Deputy Superintendent, Operations for Bend La Pine Schools.
DESCHUTES COUNTY:
Notary Public for Oregon
Date DAVE KANNER, County Administrator
STATE -OF OREGON )
County of Deschutes )
The foregoing Agreement was executed before me this
Kanner, County Administrator for Deschutes County, Oregon.
Notary Public for Oregon
day of , 2009, b) Dave
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