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HomeMy WebLinkAboutRight of Entry - Army Corps of EngineersDeschutes County Board of Commissioner 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 May 7, 2008 Please see directions for completing this document on the next page. DATE: 04/28/2008 FROM: Teresa Rozic Property and Facilities 385-1414 TITLE OF AGENDA ITEM: Consideration and Signature by County Administrator of Document 2008-216, a Right -of -Entry for the U.S. Army Corps of Engineers to conduct a site inspection on county -owned land. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The U.S. Army Corps of Engineers ("COE") is conducting a site inspection at the former Redmond Army Airfield, a formerly used defense site. The site has been identified as having used, stored, produced and/or tested military munitions. According to Army records, this tract, owned by Deschutes County, is on the former range. This tract is east of the Fair & Expo Center and is approximately 170 acres in size. The COE requests permission to enter the property to determine if military munitions are present. Activities will incude making a visual inspection, surveying with a metal detector and collecting soil and/or water samples. After the surveys, the COE will inform Deschutes County of its findings and will remove, at its sole cost, any munitions found. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Staff recommends signature by the County Administrator. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: Return original to Teresa Rozic 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 cn 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: 04/28/20081 Department: Contact Person: eresa Rozic Contractor/Supplier/Consultant Name: Goods and/or Services: Right of Entry Property and Facilities Phone #: 385-1414 Department of the Army, Corps of Engineers Background & History: The U.S. Army Corps of Engineers ("COE") is conducting a site inspection at the former Redmond Army Airfield, a formerly used defense site. The site has been identified as having used, stored, produced and/or tested military munitions. According to Army records, this tract, owned by Deschutes County, is on the former range. The COE requests permission to enter the property to determine if military munitions are present. Activities will incude making a visual inspection, surveying with a metal detector and collecting soil and/or water samples. After the surveys, the COE will inform Deschutes County of its findings and will remove, at its sole cost, any munitions found. Agreement Starting Date: Upon signature Annual Value or Total Payment: None Ending Date: Nine months from signatur] N/A ❑ Insurance Certificate Received (check box) Insurance Expiration Date: N/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/A Funding Source: (Included in current budget? ❑ Yes ❑ No If No, has budget amendment been submitted? Cl Yes ❑ No Departmental Contact: Teresa Rom Phone #: Department Director Approval: lid` 385-1414 Title: Signature Property Specialist Distribution of Document: RETURN ORIGINAL TO TERESA ROZIC i1Og Date 4/28/2 008 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 4/28/2'108 REVIEWED LEGAL COUNSEL DEPARTMENT OF THE ARMY RIGHT -OF -ENTRY FOR SITE INSPECTION NW Maneuver Area Redmond Army Air Field Property Owner(s): Deschutes County Property Management Office 14 NW Kearney Street Bend, OR 97701 Contract No.: Property Description: DACA67-9-08-136 See Exhibit A The undersigned, hereby grant[s] to the Department of the Army, its employees, contractors, and subcontractors a right -of -entry on the property located in the State of Oregon, County of Deschutes, and described as: Parcel: 1513000000113 This right -of -entry is granted upon the following terms and conditions: 1. This right -of -entry may be exercised only for the purposes of making a visual inspection of the property described above and surveying it with a metal detector or other instrument for evidence of the presence of military munitions together with the right to collect such soil and/or water samples, as may be necessary to permit a determination of whether military munitions are present on the property. 2. This right -of -entry may be exercised at any time for a period of nine (9) months which begin on the date this ROE is executed. 3. This right -of -entry does not grant any right to enter into any structure or building located on the property described above. 4. This right -of -entry may be revoked in writing by the undersigned upon thirty (30) days prior notice delivered to the Department of the Army at: U.S. Army Corps of Engineers, Seattle District Attn: CENWS-RE-RO (S. Hill) PO Box 3755 Seattle, WA 98124-3755 5. The Department of the Army will inform Deschutes County of its findings and Right of Entry Document 2008-216 — USArmy Page 1 will remove, at its sole cost, military munitions and contaminated soil from the subject property. Dated this day of , 2008. Deschutes County Phone No. (541) 385-1414_ Teresa Rozic, Property Specialist Property Address: Taxlot 1513000000113 DAVE KANNER County Administrator United States of America CHRISTOPHER D. BORTON Chief, Realty Operations Branch Right of Entry Document 2008-216 — USArmy Page 2 5 fr fr 0 A 0 O Redmond Arm /513000000100 YV1R H imwd-xilSr Oxo MAIN '.NMMYtlO PES A8 i MY O 3311-4-10 Extit Elm "A1