HomeMy WebLinkAboutDoc. 2009-163 - IGA City of Redmond{
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 April 8, 2009
Please see directions for completing this document on the next page.
DATE: March 25, 2009
FROM: Teresa Rozic Property & Facilities 385 -1414
TITLE OF AGENDA ITEM:
Consideration of signature of Document 2009 -163 an Intergovernmental Agreement with the City of
Redmond.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
Since 2007 we have worked with Central Oregon Irrigation District (the District) to prepare an
application to the State Water Resources Department to transfer water rights from property once owned
by Deschutes County (the "Old Fairgrounds ") to the existing Fair & Expo Center, including land leased
from the City of Redmond. The land is not within the District boundary. The District has no objection
to including the fairgrounds into their district.
Deschutes County petitioned the District to include the county -owned land and that petition was
approved, enabling the County to receive groundwater at the fairgrounds. If water is to be applied to
the city -owned land, that land must be incuded into the District as well. The City must petition the
District for inclusion. That petition was signed and delivered to the District February 27, 2009.
As property owner, the City of Redmond will be subject to District assessment fees for the water used
on their property (28 acres). This Intergovernmental Agreement sets out the County's responsibility to
reimburse the City for those costs.
FISCAL IMPLICATIONS:
The District assesses a yearly fee which consistes of a base charge (currently $350.00) and a per acre
fee (currently $23.00 per acre equivalent). The annual reimbursement to the City of Redmond will be
$994.00.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2009 -163.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
One original to Teresa Rozic for transmittal to City of Redmond.
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: 03/25/2009 Department:
Contractor /Supplier /Consultant Name:
Contractor Contact:
Chris Doty
Property & Facilities
City of Redmond
Type of Document: Intergovernmental Agreement
Contractor Phone #:
504 -2001
Goods and /or Services: An IGA to establish the County's obligation to reimburse the
City for certain Central Oregon Irrigation District annual assessments.
Background & History: Since 2007 we have worked with Central Oregon Irrigation
District (the District) to prepare an application to the State Water Resources Department
to transfer water rights from property once owned by Deschutes County (the "Old
Fairgrounds ") to the existing Fair & Expo Center, including land leased from the City of
Redmond. The land is not within the District boundary. The District has no objection to
including the fairgrounds into their district.
Deschutes County petitioned the District to include the county -owned land and that
petition was approved, enabling the County to receive groundwater at the fairgrounds.
If water is to be applied to the city -owned land, that land must be incuded into the
District as well. The City must petition the District for inclusion. That petition was
signed and delivered to the District February 27, 2009.
As property owner, the City of Redmond will be subject to District assessment fees for
the water used on their property (28 acres). This Intergovernmental Agreement sets out
the County's responsibility to reimburse the City for those costs.
Agreement Starting Date: Upon signature Ending Date:
Annual Value or Total Payment:
$944.00 annual assessment
(p� n Insurance Certificate Received (check box)
Insurance Expiration Date:
(a 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 /AI
0(p, Funding Source: (Included in current budget? n Yes I No
3/25/2009
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? (l 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: n 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: ,,. 3
Signature Date
Distribution of Document: One original to Teresa Rozic for transmittal to City of
Redmond.
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150
Legal Review
.�.L� Date
BOCC Order No.
Document Number 06 2 0 0 d- 1 6 3
3/25/2009
1513280000300
•
1513280000301
i
1513280000300
Deschutes County Fairgrounds & Expo Center
Application for a Permit to use Ground Water
Township 15 South
Range 13 East
OVOP/y Or ]A"� i Section 28
1WN���J 1 �/�,/��WIV Willamette Meridian
1573280400101
NEY,,SW%
0.03 acres
i ••\ Irrigation
7.61 acres
Dust Control
NW /SW/
0.06 acres
Irrigation
2.44 acres
Dust Control
NW' /+SE%
alnurrunllll e' 3.16 acres
III' Dust Control
��i11•
1 / '
1513280000103
NEY,SE' /.
1.56 acres
Dust Control
15132
1513280000100
SW /M%
3.71 acres
Irrigation
0.39 acres
Dust Control
SE' /,SWY,
2.84 acres
Irrigation
4.07 acres
Dust Control
mi1i®BSiitimertt®®ilillOYg II1111 111111
SW/SE' /, j SE'/4SE'%
3.54 acres l 1.61 acres
Dust Control I Dust Control
1513000000100 0 l
E
3
9
e
1
1
4
1
0
Legend
Irrigation
® Dust Control
• Well 1
D Pumps (from In -line Pond)
— Water Conveyance Mains
In -line Storage Pond
LT.: Tax Lots
Scale
0 100 200 400 Feet
1 inch equals 400 feet
POA Legal Description
POA Located 1190 9 north and 1190 ft east
from the southwest comer of Section 28,
Township 15 South, Range 13 East (W.M.)
This map was prepared for the purpose of Identifying the
location of a water right only and It is not Intended to
prov do logal dimensions or location of property ownership
linos.
Map Projection: Oregon Lambert Conformal Conic
Mop Datum: North Amedoan Datum 1983
Map Date: September 22, 2006
Pmparod by: Groundwater Solutions, Inc.
Data Source: Spatial data sets digtdied from maps provided
by Deschutes County Fairgrounds and Expo Center. Taxlots
provided by Deschutes County.
( •, OFFICIAL SEAL J
() DE ANNE WAKEFIELD {
() NOTARY PUBLIC- OREGON
O �Y'� COMMISSION NO, 426301 )
t' MY COMMISSION EXPIRES APR 11 2012 9
PETITION FOR CHANGE OF BOUNDARY
AND INCLUSION OF LAND INTO THE DISTRICT
I/We, City of Redmond, Oregon, a municipal corporation, represent myself /ourselves to
be the owner(s) of the following described land, to -wit:
See attached Exhibit "A ", also commonly known as: 15 -13 -28 00101
The said land has a gross area of 235.80 acres, and to which there is now appurtenant a
water right for 0.0 acres, and it is the desire of the petitioner to have the above - described
land included within the Central Oregon Irrigation District.
If the petition is favorably acted upon, and the land included as requested, 1/We
agree to pay all costs in connection therewith, and to pay my /our share of the District
indebtedness heretofore incurred, or which may hereafter be incurred in operation of the
District.
The petitioner(s) further agrees to abide by all the rules and regulations of the
District legally enacted for the operation of the project and to pay promptly all irrigation
assessments levied by the District.
Wherefore, Petitioner(s) requests that said above lands be included within the
Central Oregon Irrigation District.
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
STATE OF OREGON
County of Deschutes
2009
BE IT REMEMBERED, That on this Z7 r day of uu, 1 , �Q before
me, the undersigned, a notary public in and for said County and State, personally
appeared the within named 1 -qp. - kAQot.1 � S as
kr t M CL-N i- iwA &Eii.for City of Redmond, and who is known to me to be the
identical individual(s) described in and who executed the within instrument and
acknowledged to me that 5H a executed the same freely and voluntarily.
Before me:
L
Notary Public
REVI WED
LEGAL OUNSEL
For Recording Purposes Only
INTERGOVERNMENTAL AGREEMENT
BETWEEN DESCHUTES COUNTY and
CITY OF REDMOND
(COID Boundary Expansion)
Contract No. 2009 -163
This Agreement, is made and entered into by and between Deschutes County, a political subdivision
of the State of Oregon, ( "Deschutes "), and City of Redmond, a municipal corporation ( "Redmond ").
RECITALS
WHEREAS, Deschutes and Redmond are authorized pursuant to ORS 190.003 through 190.110 to
enter into an intergovernmental agreement for the performance of any or all functions which a party to
the agreement has the authority to perform; and
WHEREAS, Deschutes leases from Redmond a twenty -eight (28) acre portion of Tax Lot
1513280000101 ( "Subject Property "), more particularly described in Exhibit A and depicted in Exhibit
B, for Deschutes County Fairgrounds ( "Fairgrounds ") purposes; and
WHEREAS, Deschutes is applying to expand and Central Oregon Irrigation District's ( "District ")
boundaries to include the Subject Property; and
WHEREAS, the application to expand the District's boundaries requires consent by Redmond; and
WHEREAS, Redmond does not want to be responsible for District assessments for that portion of Tax
Lot 1513280000101 leased by Deschutes; and
WHEREAS, both Deschutes and Redmond find it beneficial to enter into this agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is
mutually agreed as follows:
1. RECITALS
1.1 All recitals are incorporated by reference herein.
2. EFFECTIVE DATE /DURATION
2.1 This Agreement is effective signatures of all parties.
2.2 This Agreement shall continue until terminated pursuant to Section 3.
Page 1 of 4 — Intergovernmental Agreement Between Deschutes County and City of Redmond (COID
Boundary Expansion) Contract No. 2009 -163
DC-2009-163
3. TERMINATION
3.1 This Agreement may be terminated by either party upon 30 days written notice to the
other party.
3.2 This Agreement shall terminate upon the termination of the lease from Redmond for
the Subject Property by Deschutes
3.3 Termination under this section shall not affect any obligations or liabilities accrued prior
to the effective date of termination.
4. PURPOSE
4.1 The purpose is for Deschutes to indemnify Redmond for any assessments or claims
imposed or asserted by the District as a result of the expansion of the District
boundaries to include the Subject Property.
5. REDMOND CONSENT
5.1 Redmond consents to Deschutes' application for expansion of the District's boundaries
to include the Subject Property.
6. DESCHUTES RESPONSIBILITIES
6.1 To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the
Oregon Tort Claims Act, ORS 30.260 through 30.300, Deschutes agrees to indemnify,
save harmless and defend the Redmond, its officers, agents, and employees from and
against all assessments asserted by the District for the Subject Property.
6.2 To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the
Oregon Tort Claims Act, ORS 30.260 through 30.300, Deschutes shall defend, save,
hold harmless and indemnify Redmond its officers, employees and agents from and
against all claims, suits, actions, losses, damages, liabilities costs and expenses of any
nature resulting from or arising out of, or relating to the activities of Deschutes or its
officers, employees, contractors, or agents related to the expansion of the District's
boundaries and related to the water rights appurtenant to the Subject Property.
7. ASSIGNMENT
7.1 Neither this Agreement nor any of the rights granted by this Agreement may be
assigned or transferred by either party.
8. BINDING EFFECT
8.1 The terms of this Agreement shall be binding upon and inure to the benefit of each of
the parties and each of their respective administrators, agents, representatives,
successors and assigns.
9. AGENCY AND PARTNERSHIP
9.1 Neither party is, by virtue of this Agreement, an agency, partner or joint venturer with
the other party and neither party shall have any obligation with respect to the other
Page 2 of 4 — Intergovernmental Agreement Between Deschutes County and City of Redmond (COID
Boundary Expansion) Contract No. 2009 -163
party's debts or liabilities of whatever kind or nature except those provided in this
Agreement.
10. ATTORNEY FEES
10.1 In the event an action, lawsuit or proceeding, including appeal there from, is brought for
failure to fulfill or comply with any of the terms of this agreement, each party shall be
responsible for their own attorney fees, expenses, costs and disbursements for said
action, lawsuit, proceeding or appeal.
11. No WAIVER OF CLAIMS
11.1 The failure by any party to enforce any provision of this Agreement shall not constitute
a waiver by that party of that provision or of any other provision of this Agreement.
12. SEVERABILITY
12.1 Should any provision or provisions of this Agreement be construed by a court of
competent jurisdiction to be void, invalid or unenforceable, such construction shall
affect only the provision or provisions so construed, and shall not affect, impair or
invalidate any of the other provisions of this Agreement which shall remain in full force
and effect.
13. HEADINGS
13.1 The headings of this Agreement are for convenience only and shall not be used to
construe or interpret any provisions of this Agreement.
14. INCORPORATION OF RECITALS
14.1 The recitals set forth above are hereby incorporated into and made a part of this
Agreement.
15. APPLICABLE LAW
15.1 This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Oregon.
16. ENTIRE AGREEMENT
16.1 This Agreement constitutes the entire Agreement between the parties concerning the
subject matter hereof, and supersedes any and all prior or contemporaneous
agreements or understandings between the parties, if any, whether written or oral,
concerning the subject matter of this Agreement which are not fully expressed herein.
This Agreement may not be modified or amended except by a writing signed by both
parties.
///
Page 3 of 4 — Intergovernmental Agreement Between Deschutes County and City of Redmond (COID
Boundary Expansion) Contract No. 2009 -163
Dated this of , 2009 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE -CHAIR
Recording Secretary ALAN UNGER, COMMISSIONER
Dated this
of , 2009 CITY OF REDMOND
ATTEST:
Recording Secretary
Page 4 of 4 — Intergovernmental Agreement Between Deschutes County and City of Redmond (COID
Boundary Expansion) Contract No. 2009 -163
• Sun Country Engineering & Surveying Inc.
61555 Farrell Road.
Send, Oregon 97702 ,' / 3 -2
382 -8882
Legal Description
City of Redmond
Parcel" to be included in
the Urban Growth Boundary
A parcel of land located in the South one -half of Section
28, Township 15 South, range '13 East, of the Willamette
Meridian, in Deschutes County, Oregon, being more
particularly described as follows
Commencing at the West one -- quarter corner of said
Section 28 thence along the East -West Center
Section line North 89 °58'52 ". East 1348.20 feet to
"the 'true point of beginning; thence continuing
along the East -West Center Section line North -
89 °58'52 "East 2424.00 feet; thence leaving said
East -West Center Section line South 60 °26'38• ".West
2108.98•feet; thence North 29 °33'20" West 1195.00'
feet to a point on the East - West Center Section
line and the true point of beginning.
Containing 28.93 acres, more or less.
THIS MAP WAS PREPARED FOR
ASSESSMENT PURPOSE ONLY.
REVISED: 10/17/2005
SECTION 28 T.15S. R.13E. W.M.
DESCHUTES COUNTY
1" = 400'
SEE MAP 15 13 21C
15 13 28
SEE MAP 15 13 210
1311)
17[11:14,
1744.62
656.69
20.51 AC
AIRPORT
27.65 AC
101
2 -1 31.77 AC
2 -33 207.79 4C
Cancelled Nay.
30041
400
703
801
900
100041
LOT 8
103 PARCEL 2
15.28 AC
1426.11
36.65 AC
100
251.23 AC
1627.42
Woos
PT PARCEL 1
• / /ilRl AMh �1y-;=
d dd d HR
Chd qs
660.92
(1982.74)
33 34
15 13 28