HomeMy WebLinkAboutDoc 603 - License - Suburban Door - PULLEDDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.ors
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of October 14, 2009
Use "tab" to move between fields, and use as much space as necessary within each field. Do not leave anvf elds
incomplete. Agenda requests & backup must be submitted to the Board Secretary no later than noon of the
Wednesday prior to the meeting to be included on the agenda.
DATE: October 8, 2009
TO: Deschutes County Board of Commissioners
FROM: Dave Kanner, Administration, 6565
TITLE OF AGENDA ITEM:
Revocable License with Suburban Door Public hearing? No.
BACKGROUND AND POLICY IMPLICATIONS:
Prior to the County taking title to the property occupied by the Humane Society of Redmond (HSR), the
HSR director purportedly granted the developer of the adjacent property, Suburban Door, a slope
easement running along the common property line. This resulted in a substantial amount of fill placed
by Suburban Door on unimproved HSR property, approximately 300 feet. The documentation of such
easement was legally questionable. Currently the HSR is in the process of developing a portion of this
unimproved area for recreational vehicle storage and the encroaching fill material obstructs a
substantial portion. Representatives of the County and HSR met with the owner of Suburban Door Ind
negotiated an agreement by which Suburban Door would remove the fill material in the area design ited
for recreational vehicle storage and build a rock retaining wall approximately 135 feet along the
property line. Fill in the unimproved portion of the HSR property would be allowed to remain until
such time as development is proposed, at which time this fill would likewise be removed and in its
place Suburban Door would construct a retaining wall.
FISCAL IMPLICATIONS:
If there are no fiscal implications, indicate "none ".
RECOMMENDATION & ACTION REQUESTED:
Authorize County Adminstritor's signature on Revocable License in substantially the form attached
subject to legal counsel review.
ATTENDANCE: Representative of Humane Society of Redmond.
DISTRIBUTION OF DOCUMENTS:
DESCHUTES COUNTY DOCUMENT SUMMARY
Date: October 14, 2009 Department: Administration
Contractor /Supplier /Consultant Name: N/A
Contractor Contact: Contractor Phone #:
Type of Document: Document 2009 -603 Revocable License between Deschutes County and
Suburban Door concerning property occupied by Humane Society of Redmond.
Goods and /or Services: None
Background & History: Prior to the County taking title to the property occupied by the
Humane Society of Redmond (HSR), the HSR director purportedly granted the developer of the
adjacent property, Suburban Door, a slope easement running along the common property line.
This resulted in a substantial amount of fill placed by Suburban Door Co on unimproved HSR
property, approximately 300 feet. The documentation of such easement was legally questionable.
Currently the HSR is in the process of developing a portion of this unimproved area for
recreational vehicle storage and the encroaching fill material obstructs a substantial portion.
Representatives of the County and HSR met with the owner of Suburban Door and negotiated an
agreement by which Suburban Door would remove the fill material in the area designated for
recreational vehicle storage and build a rock retaining wall approximately 135 feet along the
property line. Fill in the unimproved portion of the HSR property would be allowed to remain
until such time as development is proposed, at which time this fill would likewise be removed
and in its place Suburban Door would construct a retaining wall.
Agreement Starting Date: Upon Signing Ending Date: When final section of
retaining wall alongside HSR property is constructed by Suburban Door Co.
Annual Value or Total Payment: None
n 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? 171 Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? n Yes ® No
10/8/2009
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: n Yes n No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Dave Kanner, County Administrator
Phone #: 6565
Department Approval:
Signature Date
Distribution of Document: Return signed originals to Mark Pilliod, 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 2009 (,Q 0 5
10/8/2009
REVOCABLE LICENSE
This Revocable License ( "License ") is made and entered into effective as of the last date
indicated on the signature page.
PARTIES
The parties to this Agreement are: Deschutes County, a political subdivision of
the state of Oregon ( "County "); and Suburban Door Co., an Oregon Corporation
( "Licensee ").
RECITALS
a. County is the owner, in fee, of the land and improvements known and
referred to as the Humane Society of Redmond Shelter and Event Center located on the
premises commonly described as 1355 NW Hemlock Avenue, Redmond, OR 97756 (the
"Redmond Facility "). The Humane Society of Redmond ( "HSR ") is the operator and
lessee of Redmond Facility. Redmond Facility includes a significant amount of
essentially unimproved land, that is now, or may, in the future, be used and /or developed
for purposes of generating income and /or other revenues to fund HSR's continuing
operations.
b. Licensee is the owner, in fee, occupant and operator of the land and
improvements adjacent to the east property line of Redmond Facility, commonly
described as 1443 NE Hemlock Avenue, Redmond, OR (the "Suburban Door Facilities ").
During construction of Suburban Door Facilities Licensee placed fill along the common
boundary of the adjacent properties, which encroached upon the Redmond Facility
property for approximately linear 300'.
c. HSR has prepared plans and submitted a development application to the
City of Redmond for the construction of a Recreational Vehicle storage yard (RVS) on a
portion of the Redmond Facility north of the animal shelter and east of the event center,
an area of approximately 40,000 square feet, which borders the common boundary with
Suburban Door Facilities. The RVS location would when constructed share a common
boundary with the Suburban Door Facilities of approximately 250 feet, beginning at a
point approximately 43 feet from the south right of way line of Jack Pine Avenue. HSR
proposes to construct a 6' fence which would enclose the RVS and would be placed
along the common boundary approximately 250 feet.
d. The area of Redmond Facility property located immediately south of the
proposed RVS and along the common boundary with Suburban Door Facilities is
unimproved and not currently planned for development, but may be developed in the
future ( "Future Development Area ").
e. The purpose of this Revocable License is to remove the fill that
encroaches upon the Redmond Facility in the RVS area and to construct a retaining
wall. The fill that encroaches in the Future Development Area would be permitted to
Page 1 of 3 - REVOCABLE LICENSE - Document No. 2009 -603
l n y
remain until such time as development is planned, at which time Licensee would remove
such fill and construct a retaining wall along the common boundary.
THEREFORE, and in consideration of the facts and circumstances set forth in the
foregoing Recitals, each and all of which shall be deemed elements of the agreement of
the above -named parties, and other good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the parties do hereby and further agree as follows:
1. Licensee shall cause to be removed from the easterly portion of the RVS area of
the Redmond Facilities all fill material such that upon completion the ground level
matches the level of the remainder of the RVS area not impacted by fill. Licensee shall
cause to be constructed a rock retaining wall upon that portion of Suburban Door
Facilities which borders the RVS area, approximately 135 lineal feet. Prior to
construction of the retaining wall Licensee shall provide HSR and County an opportunity
to review and comment upon construction plans. Licensee shall remove the fill within 10
days and shall complete construction of such retaining wall within 30 days from the date
of this Revocable License. Licensee shall accomplish the work described in this
paragraph at its sole cost and expense.
2. County hereby grants Licensee a revocable license to leave in place the fill
material described in recitals b and d, which currently encroaches in the Future
Development Area of the Redmond Facility unless and until County or HSR prepares
plans for the development of such area. County may revoke this License upon giving
Licensee not less than thirty (30) days written notice of its intent to do so. In the event
this license is revoked, neither County nor HSR shall be liable to Licensee and Licensee
hereby releases and discharges County and HSR, their officers, agents, and employees
from any liability, cost, or damage arising from or in any way related to revocation of the
license. Upon revocation of the license Licensee shall promptly cause to be removed
from the Future Development Area of the Redmond Facilities the above described fill
material and cause to be constructed a rock retaining wall of a design and configuration
matching the existing retaining wall and continuing along the common boundary for a
distance not less than the extent of the fill to be removed. Licensee shall remove the fill
within 10 days and shall complete construction of such retaining wall within 30 days from
the date of notice of revocation of the license. Licensee shall accomplish the work
described in this paragraph at its sole cost and expense.
3. Licensee shall defend, indemnify and hold County, HSR, and their officers,
agents and employees harmless from and against all liability for damages, injuries, costs
and expenses, arising out of, or in any way connected with the occupation or use of the
Future Development Area described in paragraph 2. Licensee shall keep the Future
Development Area free and clear from any and all liens and encumbrances and
Licensee shall be fully responsible for any claim of damage, cost or expense on account
of the use of said area.
4. In the event a dispute arises under this Revocable License upon the request by
either party the parties shall engage in a non - binding dispute resolution process. If suit
or action is brought to enforce the terms of this License or to cause discontinued use of
the Parcel, then the prevailing party shall be entitled to attorneys' fees, in addition to
costs and disbursements as awarded by the trial court and in any appeal therefrom by
the appellate court.
Page 2 of 3 - REVOCABLE LICENSE - Document No. 2009 -603
5. This Revocable License constitutes the entire agreement between the parties. All
understandings and agreements between the parties and representations by either party
concerning this Revocable License are contained herein. No waiver, consent,
modification or change in the terms of this Revocable License shall bind either party
unless in writing signed by both parties. This Revocable License shall supersede and
replace any prior written or oral agreements and understandings between or among the
parties hereto, including without limitation any slope or other easement given or
promised by HSR to Licensee. Any rights arising out of such prior agreements and
easements are hereby freely and voluntarily waived and released.
6. The design and construction of the retaining wall shall account for and enable the
continuous uninterrupted operation of the fire hydrant located along or near the common
property line between the parcels. Licensee shall be and remain fully responsible for
maintenance of the retaining wall.
7. This Revocable License shall be binding upon and inure to the benefit of
Licensee and the County and their respective successors and assigns.
8. In carrying out the work described in paragraphs 1 and 2 Licensee shall at its
sole cost and expense apply for, obtain and satisfy applicable requirements of any
necessary license or permit from government authorities. County shall cooperate with
Licensee and sign any required approvals for said applications.
Suburban Door Co
David Silvey, President Date
Deschutes County, Oregon
Dave Kanner, County Administrator Date
Page 3 of 3 - REVOCABLE LICENSE - Document No. 2009 -603