HomeMy WebLinkAboutDoc 564 - IGA - Prop to School District�JKESC
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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 September 23, 2009
Please see directions for completing this document on the next page.
DATE: September 16, 2009
FROM: Mark Pilliod Legal 388 -6625
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2009 -564, an Intergovernmental Agreement
regarding the Sale of Real Property by the County to the Bend -La Pine School District.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County Comprehensive Plan (Plan) adopted in 2000 contemplates coordination between the
County and the Bend -La Pine School District (District) regarding establishing a location for an
additional elementary school on property owned by the County in the La Pine area and within the
Newberry Neighborhood/Neighborhood Planning Area. The Plan further states that the County shall
"dedicate land in the Community Facility Limited District that is suitable for a school site at a cost that
reflects the prorata share of land purchase and infrastructure development. The County and the District
identified a site and the County last April authorized the District to begin construction of necessary
infrastructure while its partition application was being processed. The partition process is near
completion and the parties wish to finalize the terms of a purchase and sale agreement.
FISCAL IMPLICATIONS:
The County's cost of land purchase was budgeted, and the District has agreed to pay $1,251 /acre )r
$18,765.
RECOMMENDATION & ACTION REQUESTED:
Board approval and signature of Document No. 2009 -564.
ATTENDANCE: John Rexford, Deputy Superintendennt, Bend -La Pine School District.
DISTRIBUTION OF DOCUMENTS:
Sharon Smith, Bryant Lovlien and Jarvis, PC
Property Management
Legal
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.
September 16, 2009
Contractor /Supplier /Consultant Name:
Contractor Contact:
John Rexford
Type of Document: This is an IGA.
Department:
Legal
Bend LaPine School District
Goods and /or Services: Real Property sale
Contractor Phone #:
Background & History: Deschutes County Comprehensive Plan (Plan) adopted in
2000 contemplates coordination between the County and the Bend LaPine School
District (District) regarding establishing a location for an additional elementary school on
property owned by the County in the La Pine area and within the Newberry
Neighborhood /Neighborhood Planning Area. The Plan further states that the County
shall "dedicate land in the Community Facility Limited District that is suitable for a
school site at a cost that reflects the prorata share of land purchase and infrastructure
development. The County and the District identified a site and the County last April
authorized the District to begin construction of necessary infrastructure while its partition
application was being processed. The partition process is near completion and the
parties wish to finalize the terms of a purchase and sale agreement.
Agreement Starting Date:
Annual Value or Total Payment:
$18,765
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)
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
9/16/2009
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 ❑ No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Mark Pilliod Phone #: 388-
6624
Department Director Approval:
44_ r,e14,
Signature
Date
Distribution of Document: Who gets the original document and /or copies after it has
been signed? Sharon Smith, Bryant, Lovlien and Jarvis, PC, attorney for Bend LaPine
School District, Property Management Dept. Legal Counsel
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
9/16/2009
REVIEWED
LEGAL COUNSEL
For Recording Purposes Only
CONTRACT FOR SALE / INTERGOVERNMENTAL AGREEMENT BETWEEN
DESCHUTES COUNTY and BEND -LA PINE SCHOOLS
For The Sale of Land For New Elementary School in
Neighborhood Planning Area of La Pine, Oregon
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, County and District 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, this CONTRACT FOR SALE / INTERGOVERNMENTAL AGREEMENT is for a portion of that
real property described as:
Lot 7 of NEWBERRY NEIGHBORHOOD NO 2, Deschutes County, Oregon; Parcel 2 of MP 08 -21
herein "School Property",
and
WHEREAS, the Deschutes County Comprehensive Plan adopted in 2000 contemplates coordination between
County and District regarding establishing a location for an additional elementary school on property owned by
the County in the La Pine area and within the Newberry Neighborhood/Neighborhood Planning Area; and
WHEREAS, Deschutes County Code Chapter 18.61.050 allows park and ride facilities, schools, or park and
playgrounds in Community Facility Limited zones; and
WHEREAS, Deschutes County Code Chapter 18.61.050(K)(4)(g)(4) states "A maximum of 15 acres in the
northwest section of Quadrant 4a may be zoned Community Facility Limited;" and
WHEREAS, Deschutes County Comprehensive Plan states that the County shall "dedicate land in the
Community Facility Limited District that is suitable for a school site at a cost that reflects the prorata share of
land purchase and infrastructure development;" and
WHEREAS, County's cost of land purchase was and the District agrees to pay County $1,251 /acre ; and
WHEREAS, the parties find it beneficial to enter into this agreement in order to coordinate the sale at d
conveyance of property to the District to allow for construction of an elementary school;
Document No. 2009 -564
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein
contained, which are the whole consideration, it is mutually agreed as follows:
1. DEFINITIONS
1.1 "Partition Plat" means the plat approved in MP 08 -21 that will create the 15- acre School
Property.
1.2 "School Property" is a 15 acre parcel zoned under the Deschutes County Code as Commun;ty
Facility Limited, located in Neighborhood 4 of the Neighborhood Planning Area Quadrant P1in
and shown on Exhibit A, attached and incorporated by reference herein, identified as Parcel 2.
2. EFFECTIVE DATE/DURATION
2.1 This Agreement is effective upon signatures of all parties.
2.2 This Agreement terminates when the Statement of Work in Section 3 of this Agreement is
complete.
3. STATEMENT OF WORK
3.1 County agrees to:
3.1.1 Allow the recording of the Partition Plat, Exhibit A, attached and incorporated by
reference prior to completion of all improvements required in MP 08 -21.
3.1.1.1 Improvements shall be constructed within one year of the recording of the
Partition Plat.
3.1.1.2 The County accepts this Agreement as the appropriate Improvement Agreement
and financial security required by DCC 17.24.120 and 17.24.130.
3.1.2 Dedicate right of way for:
3.1.2.1 The two local roads adjacent to School Property as shown on the Partition Plat;
and
3.1.2.2 Right of way required to make Burgess Road right of way 40 feet from
centerline (a dedication of approximately 2.3 feet).
3.1.3 Sell the School Property to District for $1,251 per acre, which totals $18,765 (for 15
acres).
3.1.3.1 County shall convey School Property to District by Bargain and Sale Deed.
3.1.3.2 Count agrees that the closing shall occur at Western Title & Escrow Co.
3.1.3.3 County shall provide title insurance.
3.1.3.4 The cost of escrow shall be shared equally between County and District.
3.1.4 Close the sale of the School Property as soon as possible after the recording of ti e
Partition Plat, Exhibit A, creating the School Property.
Document No. 2009 -564
3.2 District agrees to:
3.2.1 At closing, pay County $18,765 for the School Property to be created by the recording
of the Partition Plat shown in Exhibit A.
3.2.2 Act as representative for County for all land use applications required prior to the
conveyance of the School Property to District and pay all land use application fees for
required those land use actions.
3.2.3 Perform engineering and surveying to determine property boundaries for the School
Property.
3.2.4 District shall assume all risks associated with undertaking utility installation and scht of
construction before building permits are issued, request from the County buildiag
department all required inspections under applicable building and fire and life safety
codes and to correct any deficiencies noted, and indemnify the County for any damage
suffered by reason of commencing and undertaking construction under DCC 15.04.11i).
3.2.5 Record Partition Plat on or before October 13, 2010. See Exhibit A.
3.2.6 Construct roads, sewer and water lines shown on the Partition Plat to serve the School
Property within one year of the date the Partition Plat is recorded pursuant to D( C
17.24.120.
3.2.7 After construction of roads shown on the Partition Plat, record a road maintenance
Agreement in substantially the same form as Exhibit B, attached and incorporated by
reference herein, to maintain the roads until the City of La Pine Road Department
officially assumes road maintenance responsibility.
3.2.8 Construct the first two classroom wings of a prototypical elementary school on the
School Property as approved in SP 08 -26.
3.2.9 Should the parties fail to close the sale of the School Property to the District by
October 30, 2010, upon written request of the County, the District, its successors
and assigns agree to promptly remove, relocate, or reconstruct any and all
improvements constructed or maintained within or upon the School Property
area in a manner acceptable to the County
3.2.10 All costs, expenses or charges attributable to the removal, relocation or
reconstruction of any improvements or related facilities shall be the exclusive
obligation of the District.
3.2.11 Said obligations shall run with the land.
3.2.12 District shall pay costs of recording the conveyance documents.
4. ASSIGNMENT
4.1 Neither this Agreement nor any of the rights granted by this Agreement may be assigned tr
transferred by either party without the prior written consent of the other party.
Document No. 2009 -564
5. BINDING EFFECT
5.1 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.
6. AGENCY AND PARTNERSHIP
6.1 It is agreed by and between the parties that District is not carrying out a function on behalf of
County, and County does not have the right of direction or control of the manner in whi :h
District delivers services under this agreement and does not exercise control over the activities
of County when providing agreed upon services.
6.2 Neither party is, by virtue of this Agreement, a partner or joint venturer with the other party and
neither party shall have any obligation with respect to the other party's debts or liabilities of
whatever kind or nature.
7. NON- DISCRIMINATION
7.1 Each party agrees that no person shall, on the grounds of race, color, creed, national origin, sex,
sexual orientation, marital status, or age, suffer discrimination in the performance of this
agreement when employed by either party.
7.2 Each party agrees to comply with Title VI of the Civil Rights Act of 1964, with Section V of the
Rehabilitation Act of 1973, and with all applicable requirements of federal and state civil rights
and rehabilitation statutes, rules and regulations.
7.3 Additionally, each party shall comply with the Americans with Disabilities Act of 1990 (Pub. L.
No. 101 -336), ORS 659.425, and all regulations and administrative rules established pursuant to
those laws.
8. ATTORNEY FEES
8.1 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 or
their own attorney fees, expenses, costs and disbursements for said action, lawsuit, proceeding
or appeal.
9. NO WAIVER OF CLAIMS
9.1 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.
10. SEVERABILITY
10.1 Should any provision or provisions of this Agreement be construed by a court of compete it
jurisdiction to be void, invalid or unenforceable, such construction shall affect only ti e
provision or provisions so construed, and shall not affect, impair or invalidate any of the oth ;r
provisions of this Agreement which shall remain in full force and effect.
11. HEADINGS
Document No. 2009 -564
11.1 The headings of this Agreement are for convenience only and shall not be used to construe or
interpret any provisions of this Agreement.
12. INCORPORATION OF RECITALS
12.1 The recitals set forth above are hereby incorporated into and made a part of this Agreement.
13. ENTIRE AGREEMENT
13.1 This Agreement constitutes the entire Agreement between the parties concerning the subjt ct
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 that are not fully expressed herein.
13.2 This Agreement may not be modified or amended except by a writing signed by both parties.
14. AS IS.
14.1 District agrees that all deeds are bargain and sale deeds pursuant to OR 93.860, and conveyance
shall be subject to any and all encumbrances of record or apparent upon the land.
14.2 County makes no representations or warranties regarding the possible use of any property
offered for sale, the quality of title passing, the physical condition of the real property sold or
any defect therein.
14.3. The District represents:
14.3.1 that District has accepted and executed this Agreement on the basis of District's own
examination and personal knowledge of the School Property;
14.3.2 that County and County's agents have made no representations, warranties, or other
agreements concerning matters relating to the School Property;
14.3.3 that County and County's agents have made no agreement or promise to alter, repair, or
improve the School Property; and
14.3.4 that District takes and accepts the School Property in the condition, existing at the time
of this Agreement, "AS IS."
14.4 Further, District acknowledges that, based upon District's own inspection and investigation,
District is satisfied that the premises do not now contain any amounts of hazardous, toxic,
radioactive or other substances for which a property owner or operator may be liable under state
or federal environmental pollution or health and safety laws.
14.4.1 Accordingly, District agrees that, as between County and District, District will assun Le
responsibility and liability and shall indemnify, defend and hold the County, its officer s,
agents and employees, harmless from and against any claims, demands, causes of actic n
or suits for damages, reimbursement or any other cost of compliance, including, but n )t
limited to, remedial action costs, removal costs, natural resources damages, penalties,
punitive damages, interest costs, attorney fees and damages of any kind to third parties,
arising from the discharge, release or threatened release on or in the premises of ai y
Document No. 2009 -564
hazardous, toxic or radioactive substances occurring during the term of this Agreement
or any extension thereof.
14.4.2 For the purposes of this section, any release of hazardous substances discovered on the
premises during the term of this easement shall be deemed to have occurred during
periods for which the District is responsible.
14.4.2 District covenants to report, contain and remove in conformance with applicable
state and federal law any releases of hazardous, toxic, radioactive or other
substances regulated under state or federal pollution control laws that are found on
or in the premises during the term of this easement or any releases of such materials
found off the premises that originated from the premises during the easement term
and to be responsible for the cost of removal of such substances.
14.5 District's obligations, responsibilities and liabilities of this section are continuing obligations,
responsibilities and liabilities and shall not be extinguished by termination of this Agreement Dr
merger with the deed or its recordation in the official records.
14.6 District acknowledges that the County is exempt under ORS 105.470 from the Seller's
Disclosure Statement requirements of ORS 105.452 to 105.490 because the sale /transfer of t ie
property is by a governmental agency.
15. Mandatory Statement
15.1 BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF
ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,
CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF
THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABI.,E
LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING TH IS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOUT. D
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT ] O
VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIF Y
THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS
30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPER] Y
OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND
SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007."
I6. Effect of Prior License
16.1 The parties entered into Deschutes County Contract Number 2009 -093, a copy of which is
attached hereto, marked Exhibit C, and incorporated herein ( "License "). Pursuant to the License, which
remains in effect, District entered upon the School Property and caused certain improvements to be
constructed thereon. This Agreement shall be interpreted as complimentary to the License, but in the
event of any conflict, the License shall control.
[Signatures on the Next Page]
Document No. 2009 -564
COUNTY:
DATED this of , 2009 BOARD OF COUNTY COMMISSIONERS
ATTEST:
TAMMY BANEY, CHAIR
DENNIS R. LUKE, CHAIR, VICE CHAIR
Recording Secretary ALAN UNGER, COMMISSIONER
STATE OF OREGON, County of Deschutes ss.
Before me, a Notary Public, personally appeared, TAMMY BANEY, DENNIS R. LUKE and ALAN UNGER,
the above -named Board of County Commissioners of Deschutes County, Oregon and acknowledged the
foregoing instrument on behalf of Deschutes County, Oregon.
DATED this day of , 2009.
Notary Public for Oregon
DISTRICT:
JOHN M. REXFORD,
Deputy Superintendent, Operations
STATE OF OREGON, County of Deschutes) ss.
Before me, a Notary Public, personally appeared John M. Rexford, Deputy Superintendent, Operations for the
Bend -La Pine Schools, and acknowledged the foregoing instrument on behalf of the District.
DATED this day of , 2009.
Notary Public for Oregon
Document No. 2009 -564
LOCATED
PARTITION PLAT NO. 2008 -
A PARTITION OF LOT 7, NEWBERRY NEIGHBORHOOD NO. 2
IN THE NW1/4, SW1 /4. SEC. 1. NE1 /4, SE1 /4, SW1 /4 SEC. 2, NE1 /4, N111/4 SEC.
TOWNSHIP 22 SOUTH, RANGE 10 EAST, W.M.
CITY OF IA PINE, DESCHUTE COUNTY, OREGON
OCTOBER. 2008
DECLARATION
010AH101 11 Or 1160 041 MI NO 0410 NII,RIRO ADD axon OIL 00ER OF
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ACKNOWLEDGMENT
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DESCHUTES COUNTY PARTITION NO. MP 08 -21
UNSURVEYED
APPROVALS
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WATER RIGHTS STATEMENT
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11
NARRATIVE
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NOTES
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INDEX
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PARTITION PLAT NO. 2008 -
A PARTITION OF LOT 7, NEWBERRY NEIGHBORHOOD NO. 2
LOCATED IN THE NW1 /4, SW1 /4, SEC. 1. NE1 /4, SE1 /4. SW1 /4 SEC. 2. NE1 /4, NW1 /4 SEC. 11
TOWNSHIP 22 SOUTH, RANGE 10 EA3r.
CITY OF LA PINE, DESCHUTES COUNTY, OREGON
AP OCTOIDIR, 2008
I/24 ORAN 121 .�.0 ) > I
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NI 33114 1St
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REFERENCES
PARCEL SUHYARY
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REFERENCES
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TOWNSHIP 22 SOUTH, RANGE 10 EAST, W.H.
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PARTITION PLAT NO. 2008 -
A PARTITION OF LOT 7, NEWBERRY NEIGHBORHOOD NO. 2
LOCATED IN THE NW1 /4. SW1/4, SEC. 1, NE1 /4, SE1 /4, 311/4 SEC. 2, NE1 /4, NW1 /4 SEC. 11
TOWNSHIP 22 SOUTH, RANGE 10 EAST, A.M.
CITY OF LA PINE. DESCHUTES COUNTY, OREGON
OCTOBER, 2008
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REVIEWED
LEGAL COUNSEL
For Recording Purposes Only
ROAD MAINTENANCE AGREEMENT
This Agreement is entered into this day of , 2009 by and between Bend -La Pine
Schools, an Oregon School District ( "District ") and Deschutes County, a political subdivision of the
State of Oregon ( "County ").
RECITALS
WHERAS, Reese Street and Pine Street, shown on Partition Plat recorded at
(the "Roads ") have been constructed to Deschutes County's road standards and
have been dedicated to Deschutes County; and
WHEREAS, the County will not accept the maintenance responsibility for any new roads in the
County; and
WHEREAS, the District needs the Roads to access the new La Pine Elementary School site and will
therefore maintain the Roads until the City of La Pine accepts maintenance responsibility thereof;
and
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
which are the whole consideration, it is mutually agreed as follows:
1. District agrees to maintain and repair the Roads until the City of La Pine accepts road
maintenance responsibility thereof, at which time, District's road maintenance responsibility
will terminate and transfer to the City of La Pine without further documentation.
2. The County shall have no responsibility to maintain and repair the Roads.
3. Prior to performing maintenance or repair of the Roads within the public right of way,
District shall obtain a permit for working in a public right of way from Deschutes County's
Road Department.
4. If the County is required to perform maintenance or repair of the Roads due to failure of the
District to comply with this Agreement, District shall be responsible for all reasonable
expenses incurred by the County.
Page 1 of 4 — Exhibit B to Deschutes County Contract No. 2009 -564 -Road Maintenance
Agreement
Bend LaPine SD - La Pine road mainenance.doc
5. For purposes of this agreement, maintenance responsibility shall mean and include
maintaining the roads to not less than the standards of maintenance applied by the County to
County- maintained roads.
6. Prior to the County performing maintenance or repair of the Roads, the County shall provide
District with a forty five (45) day written notice and time to remedy.
7. District shall hold the County harmless arising out of any failure to perform its maintenance
responsibility under this Agreement.
8. Indemnity
8.1 To the extent permitted by the Oregon Constitution and subject to the limitations of
the Oregon Tort Claims Act, each party shall be solely responsible for any and all
loss, damage, injury or death caused to any and all property or persons arising from
the acts or omissions of that party's officers, employees or agents in the performance
of this Agreement. District shall defend, indemnify and save harmless County from
and against any and all claims, demands, actions, causes of action and /or lawsuits
arising from the torts, as the term "tort" is defined in ORS 30.260(8), of District's
officers, employees and /or agents arising out of or in any way related to the provision
of services under this Agreement. County shall defend, indemnify and save harmless
District from and against any and all claims, demands, actions, causes of action
and /or lawsuits arising from the torts, as the term "tort" is defined in ORS 30.260(8),
or County's officers, employees and /or agents arising out of or in any way related to
the provision of services under this Agreement.
9. ASSIGNMENT
9.1 Neither this Agreement nor any of the rights granted by this Agreement may be
assigned or transferred by either party.
10. BINDING EFFECT
10.1 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.
1 1. AGENCY AND PARTNERSHIP
It is agreed by and between the parties that District is not carrying out a function on
behalf of County, and County does not have the right of direction or control of the
manner in which District delivers services under this agreement and does not exercise
control over the activities of County when providing agreed upon services.
11.2 Neither party is, by virtue of this Agreement, a partner or joint venturer with the other
party and neither party shall have any obligation with respect to the other party's
debts or liabilities of whatever kind or nature.
Page 2 of 4 — Exhibit B to Deschutes County Contract No. 2009 -564 -Road Maintenance
Agreement
Bend LaPine SD - La Pine road mainenance.doc
12. NON - DISCRIMINATION
12.1 Each party agrees that no person shall, on the grounds of race, color, creed, national
origin, sex, sexual orientation, marital status, or age, suffer discrimination in the
performance of this agreement when employed by either party.
12.2 Each party agrees to comply with Title VI of the Civil Rights Act of 1964, with
Section V of the Rehabilitation Act of 1973, and with all applicable requirements of
federal and state civil rights and rehabilitation statutes, rules and regulations.
12.3 Additionally, each party shall comply with the Americans with Disabilities Act of
1990 (Pub. L. No. 101 -336), ORS 659.425, and all regulations and administrative
rules established pursuant to those laws.
13. ATTORNEY FEES
13.1 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.
14. NO WAIVER OF CLAIMS
14.1 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.
15. SEVERABILITY
15.1 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.
16. HEADINGS
16.1 The headings of this Agreement are for convenience only and shall not be used to
construe or interpret any provisions of this Agreement.
17. INCORPORATION OF RECITALS
17.1 The recitals set forth above are hereby incorporated into and made a part of this
Agreement.
18. APPLICABLE LAW
18.1 This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Oregon.
Page 3 of 4 — Exhibit B to Deschutes County Contract No. 2009 -564 -Road Maintenance
Agreement
Bend LaPine SD - La Pine road mainenance.doc
19. ENTIRE AGREEMENT
19.1 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 that are not fully expressed herein.
19.2 This Agreement may not be modified or amended except by a writing signed by both
parties.
COUNTY:
DATED this of , 2009 BOARD OF COUNTY COMMISSIONERS
ATTEST:
TAMMY BANEY, CHAIR
DENNIS R. LUKE, CHAIR, VICE CHAIR
Recording Secretary ALAN UNGER, COMMISSIONER
DISTRICT:
JOHN M. REXFORD,
Deputy Superintendent, Operations
DATED this day of ,2009
Page 4 of 4 — Exhibit B to Deschutes County Contract No. 2009 -564 -Road Maintenance
Agreement
Bend LaPine SD - La Pine road mainenance.doc
DESCHUTES
CLERK
10099046
1111/111101110011j111111111 $66.00
88
03/04/2009 04:06:40 PM
D —AG Cnts1 Strive/ TM
840.00 811.00 810.00 85.00
For Recording Purposes Only
DESCHUTES COUNTY CONTRACT NO. 2009 -093
LICENSE
DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantor, grants to Bend La
Pine School District No. 1, Grantee, its successors and assigns, a license upon, over, under,
across and through the real property described in Exhibit "A" ( "Minor Partition (MP) 08 -21 ",
consisting of Parcels 1, 2, and 3 and collectively, "License Area ") attached and by this reference
incorporated herein, for purposes of constructing water lines, sanitary sewer lines and facilities
and road improvements more specifically described on MP 08 -21 and the site plan approval (SP
08 -26) and for the additional purposes of rough grading, staking, tree marking and removal in
anticipation of future issuance of building permits for construction of a new elementary school to
be located on Parcel 2 of the License Area.
The true consideration for this conveyance is other value given and promised that is the whole
consideration.
This License is granted on the following terms and conditions:
1. SCOPE. This License shall be limited to the property described on Exhibit A. Grantee may
enter upon the License Area for purposes of constructing water fines, sanitary sewer lines and
facilities and road improvements in the License Area or within adjacent public right of way,
more specifically described on MP 08 -21 and the site plan approval (SP 08 -26), and for the
additional purposes of rough grading, staking, tree marking and removal in anticipation of
future issuance of building permits for construction of a new elementary school to be located
on Parcel 2 of the License Area.
In the event that the parties do not execute within one year an agreement under which Grantor
conveys Parcel 2 to Grantee, Grantee shall restore the surface of the ground to grade after
engaging in any activity in the License area. Restoration of the surface of the ground means
and includes, Grantee shall remove any excavated rocks, restore the topsoil at the surface of
the ground to its former condition, and immediately repair or replace, to the satisfaction of
Grantor, at Grantee's cost, any base pavement, curbs, landscaping, irrigation systems,
utilities, lawn and /or or other improvements disturbed or damaged by Grantee in exercising
any rights with the License area. If Grantee disturbs or damages any improvements, facilities
or landscaping outside the License area, Grantee shall immediately repair or replace, at
Grantee's expense, such damaged or disturbed improvements, facilities and /or landscaping.
2. GRANTOR'S RIGHTS. Grantor shall have the right to use the License Area and any part
thereof, so long as Grantor's use does not interfere with this License; provided that Grantor
shall not place any structure upon the License Area without the prior written consent of
Page 1 of 4 LICENSE — La Pine Elementary School, Bend La Pine School District No. 1
Document No. 2009 -093
EXHIBIT _ PAGE -►1'I
-Cxsc, Z S‹
Grantee. Grantee shall not unreasonably withhold consent under this paragraph.
3. CROSSING PROTECTION. Grantor retains the right to cross the License Area at locations to
be determined by Grantor. It is Grantee's duty to protect its uses within the License area from
such uses by Grantor. Grantor may dedicate any portion of the License as public right of way
and make road improvements to the area dedicated as public right of way, all without the
permission of Grantee.
4. QUALITY OF TITLE. Said License is granted subject to any and all prior Licenses or
encumbrances of record and those common and apparent upon the land.
5. RESTRICTIONS ON USE. Grantee's use of the License area shall conform to all applicable
laws and regulations of any public authority affecting the real property, and correct at
Grantee's expense any failure of compliance created through Grantee's fault or by reason of
Grantee's use of said real property. In particular and without limiting the foregoing, Grantee's
use constitutes a public work and Grantee shall comply with Oregon's Prevailing Wage
requirements, ORS 279C.800 to 279C.870.
6. ENVIRONMENTAL POLLUTION. The provisions of this section supplement other License
provisions that might be applied concerning the Grantee's obligations, responsibilities and
liabilities for environmental pollution, present and future, and for compliance with the laws,
regulations or orders of any governmental agency concerning environmental pollution, present
and future, on the premises. To the extent that the provisions of this section conflict with any
such other provisions, the provisions of this section shall control. Where terms of this section
use terms that are found in applicable state and federal environmental pollution laws, those
terms shall have the same meaning as they have in those state and federal laws. Grantee
acknowledges that Grantee has inspected and investigated the property and otherwise
informed itself on the condition of the premises and based upon such inspection and
investigation, Grantee is satisfied that the premises do not now contain any amounts of
hazardous, toxic, radioactive or other substances for which a property owner or operator may
be made liable under state or federal environmental pollution or health and safety laws.
Accordingly, Grantee agrees that as between the Grantor and Grantee, Grantee will assume
responsibility and liability as set forth below in the removal and indemnification provision for
any release or discharge of hazardous, toxic, radioactive or other dangerous substances
regulated under state or federal pollution control laws found hereafter on, in or about the
premises. Grantee will not generate, store, process or dispose of or release or discharge into
the environment hazardous, toxic, radioactive or other dangerous substances on or about the
Licensed premises in any amount, nor will Grantee allow such prohibited activities to take
place on the property during the License term.
Grantee covenants to report, contain and remove in conformance with applicable state and
federal law any releases of hazardous, toxic, radioactive or other substances regulated under
state or federal pollution control laws that are found on or in the premises during the term of
this License or any releases of such materials found off the premises that originated from the
premises during the License term and to be responsible for the cost of removal of such
substances. Grantee agrees to indemnify, defend and hold the County, its officers, agents
and employees, harmless from and against any claims, demands, causes of action or suits for
damages, reimbursement or any other cost of compliance, including, but not limited to,
remedial action costs, removal costs, natural resources damages, penalties, punitive
damages, interest costs, attorney fees and damages of any kind to third parties, arising from
the discharge, release or threatened release on or in the premises of any hazardous, toxic or
radioactive substances occurring during the term of this License or any extension thereof.
Page 2 of 4 LICENSE — La Pine Elementary School, Bend La Pine School District No. 1
Document No. 2009 -093 EXHIBIT �. PAGE
-Doc Ak\ . -2( 3 -
The obligations, responsibilities and liabilities of this section are continuing obligations,
responsibilities and liabilities and shall not be extinguished by the termination of this License.
7. INDEMNITY. Grantee agrees to indemnify, defend and save harmless, Grantor, its officers,
elected officials, agents and employees from and against all claims, suits, actions, damages,
costs, losses and expenses in any manner resulting from, arising out of, or connected with the
grant of this License, and any activity, occurrence and release upon, within or otherwise
related to this License. Said indemnification shall be severable and shall survive
independently of any termination of this License.
8. LAND USE PERMIT. This License shall not constitute a land use permit or approval, nor shall
Grantee undertake or permit any activity to take place within License area in violation of local
land use ordinances or any other federal, state or local laws. Grantee shall apply for, obtain
and abide by any necessary permit or approval before undertaking Grantee's use of License
area
9. AS IS CONDITION. Grantee accepts the License area in its "as is" condition, except as
specifically noted in this License. Grantee shall at all times keep the License area in a safe,
clean and maintained manner and acknowledge that Grantee shall have exclusive
responsibility for repairs and maintenance of the License area
10. LICENSE TERMINATION. Upon conveyance of the Parcel No. 2 to the District by the
Grantor, this temporary License shall then terminate. Furthermore, this License shall
terminate effective upon thirty (30) days notice from Grantor to Grantee within Grantor's sole
discretion or effective upon delivery to Grantee of Grantor's notice if Grantee is in violation of
this License. Termination shall not affect any right or liability which accrues prior to the date of
termination.
11. PARTNERSHIP. Grantee is not by virtue of this License a partner or joint venturer with
Grantor in connection with activities carried on under this License, and Grantor shall have no
obligation with respect to Grantee's debts or any other liabilities of each and every nature.
12. GRANTEE NOT AN AGENT OF COUNTY. It is agreed by and between the parties that
Grantee is not carrying out a function on behalf of the Grantor, and Grantor does not have the
right of direction or control of Grantee's operation under this License or exercise any control
over the activities of the Grantee.
13. ESTOPPEL. Grant of this License shall not constitute an approval or validation of any other
use of the License Area. Nor shall Grantor be estopped from removing at Grantee's expense,
any equipment, fixture or facility of Grantee which is subsequently determined to encroach
upon real property of the Grantor.
14. GOVERNING LAW. This License and the rights and obligations of the parties hereunder shall
in all respects be governed by, and construed and enforced in accordance with, the laws of the
State of Oregon.
Page 3 of 4 LICENSE — La Pine Elementary School, Bend La Pine School District No. 1
Document No. 2009 -093 EXHIBIT C PAGE&„4
' - 1 D CSc ) J zU q- S: Co V
BEND LA PINE SCHOOL DISTRICT NO. 1:
iA
Jo- M. Rexfa
istant Su • - rintendent for Operations
Bend La Pine School District No. 1
STATE OF OREGON )
ss.
County of Deschutes
Before me, a Notary Public, personally appeared John M. Rexford and acknowledged the foregoing
instrument on behalf of Bend La Pine School District No.1.
DATED t is 3'day of , 2009.
AL IA T,.
No - 7 Public for Oregon
My ommission Expires: JUAL /11070/4
DESCHUTES COUNTY:
STATE OF OREGON
) ss.
County of Deschutes
OFFICIAL. SEAL
KRISTIE L HORNBECK
NOTARY PUBLIC- OREGON
COMMISSION NO. 405852
MY COMM ISSION EXPIRES JUNE 15, 2010
•
Dave Kanner 1
County Administrator
Before me, a Notary Public, personally appeared DAVE KANNER, County Administrator and
acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
revt
DAT D this ,5 day of MO IQ V1L>
t144§(06Pelk
t ry Public for Oregon
My Commission Expires: 301.1e, &1 POID
, 2009.
SEAL
KRI'aT1E L HORNBECK
NOTARY PUENJOORECION
COMMISSION NO. 405852
00MIM1ISSION EXPIRES JUNE 15,2010
Page 4 of 4 LICENSE — La Pine Elementary School, Bend La Pine School District No. 1
Document No. 2009 -093
EXHIBIT // PAGE
DeN L lLtS Ze q s�