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HomeMy WebLinkAboutPronghorn AgrmtPage 1 of 12 – Pronghorn Destination Resort Roads and Utilities Improvement Agreement – Deschutes County Document No. 2008-244 After Recording Return to: Deschutes County Community Development Department 147 NW Lafayette Street Bend, OR 97701 IMPROVEMENT AGREEMENT (Roads and Utilities Phase 6) This Improvement Agreement (Agreement), relating to the construction and installation of certain required improvements (the “Roads and Utilities Required Improvements,” as defined below in Section 4) for the Pronghorn Destination Resort (the “Resort”), as required in the subdivision approval in File No. TP-07-1005 (the “Tentative Plat”), by and between DESCHUTES COUNTY, OREGON, a political subdivision of the State of Oregon ("County") and PRONGHORN INVESTORS, LLC, ("Owner”). RECITALS: WHEREAS, Owner has developed previous phases of the Resort, and has received approval for phase 6 under file no. TP-07-1005; and WHEREAS, the Roads and Utilities Required Improvements under the approval for the next phase of the Tentative Plat have not been completed; and WHEREAS, Owner has filed an application for a final subdivision plat for Phase 6 of the Resort (the “Estates at Pronghorn, Phase 6”), File No. FPA-08-10, prior to the completion of the Roads and Utilities Required Improvements; and WHEREAS, Deschutes County Code (DCC) Section 19.106.110 provides that Owner may, in lieu of completing Roads and Utilities Required Improvements, enter into an agreement with the County for the completion of the Roads and Utilities Required Improvements and provide a good and sufficient form of security, to provide for the completion of the Roads and Utilities Required Improvements; and WHEREAS, this Agreement is contingent upon the recording of the The Estates at Pronghorn Phase 6 Final Plat approved in File No. FPA-08-10 and the plat including a statement that it is subject to this agreement; and WHEREAS, Roads and Utilities Required Improvements under this Agreement do not constitute a Public Improvement as the term is defined in ORS 279A.01(1)(aa); and WHEREAS, the subdivision approval in TP-07-1005 is exempt from ORS 92.305 to 92.945 for the reason that the County’s Comprehensive Land Use Plan and implementing ordinances are acknowledged under ORS 197.251; and WHEREAS, Hap Taylor and Sons, Inc dba Knife River has entered into a construction agreement with Developer dated May 9, 2008 for the purpose of construction Required Improvements on behalf of the Developer and where Knife River as Principal and Liberty Mutual REVIEWED __________________ LEGAL COUNSEL For Recording Stamp Only Page 2 of 12 – Pronghorn Destination Resort Roads and Utilities Improvement Agreement – Deschutes County Document No. 2008-244 Insurance Company and Travelers Casualty and Surety as Surety has bonded the completion of the Required Improvements; now, therefore, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES above mentioned, for and in consideration of the mutual promise hereinafter stated, as follows: 1. Recitals. The Recitals to this Agreement set forth above are hereby incorporated herein as if fully set out, shall constitute contractual provisions and are not mere recitals. 2. Real Property Description. The real property subject to this Agreement, hereinafter the subdivision “Real Property” is described as: approximately 24 acres within Township 16 South, Range 13 East, Section 16, more particularly described on attached Exhibit A. 3. Exhibits. The exhibits listed below and attached to the Agreement are hereby incorporated herein by reference: 3.1. Exhibit A – Legal description of Real Property. 3.2. Exhibit B -- List of Roads and Utilities Required Improvements and cost estimates – submitted by the Owner. 3.3. Exhibit C – Deschutes County Tentative Plat approval, File No. TP-07-1005 3.4. Exhibit D – Security - Bond Nos. 190019140 and 105064714 . 3.5. Exhibit E - Contractor List per DCC 17.24.120(A)(1). 4. Identification of Roads and Utilities Required Improvements. 4.1. Owner shall install and complete, or cause to be installed and completed, the improvements listed in Exhibit B and required by the land use approval in TP-07- 1005 set forth in Exhibit C to the extent that same remain to be completed (“Roads and Utilities Required Improvements”). 4.2. These improvements consist of roads, utilities and other necessary facilities referred to in this agreement as “Roads and Utilities Required Improvements.” 4.3. The final plat shall note and be subject to this Agreement. 5. Construction of Roads and Utilities Required Improvements. 5.1. The Roads and Utilities Required Improvements shall be installed and completed in accordance with the plans and construction specifications related thereto and to any additional County and/or State of Oregon specifications. 5.2. Owner shall promptly repair any damage to existing and new facilities, within and without the Real Property, which occurs during installation of the Roads and Utilities Required Improvements. 5.3. Owner shall cause the Required Improvement to be inspected by and receive final written construction approval from County and/or the State of Oregon not Page 3 of 12 – Pronghorn Destination Resort Roads and Utilities Improvement Agreement – Deschutes County Document No. 2008-244 later than three (3) years from the recording of the The Estates at Pronghorn Phase 6 Final Plat in File No. FPA 08-10 (“Completion Date”). Page 4 of 12 – Pronghorn Destination Resort Roads and Utilities Improvement Agreement – Deschutes County Document No. 2008-244 6. Warranty of Improvements. 6.1. Owner hereby warrants that the Roads and Utilities Required Improvements shall remain free from defects in materials or workmanship and that the Roads and Utilities Required Improvements continue to meet County and/or State of Oregon standards for twelve (12) months following the Completion Date and any corrections ("Warranty Period"). 6.2. Upon completion and approval of any portion of the Roads and Utilities Required Improvements, Owner shall obtain a bond or other security in favor of, and reasonably acceptable to, the County in the amount of ten percent (10%) of the construction costs of such improvements to secure the warranty obligations under this Section. 7. License to Enter and Remain on Property. 7.1. Owner hereby grants County and County's employees, engineers, consultants, agents, contractors, subcontractors and suppliers license to come onto and remain on the Real Property as necessary to make inspections of the Roads and Utilities Required Improvements. 7.2. If County determines that any portion of the Roads and Utilities Required Improvements have not been completed to County’s satisfaction by the Completion Date, County or its employees, engineers, consultants, agents, contractors, subcontractors and suppliers may enter onto and remain on the Real Property and may cause the applicable portion of the Roads and Utilities Required Improvements to be installed and completed. 8. Right to Draw on Security. 8.1. Upon failure of the Owner to complete the Roads and Utilities Required Improvements to County’s satisfaction by the Completion Date, County shall notify Owner in writing of such failure. 8.1.1. Owner shall then have thirty (30) days to complete the Roads and Utilities Required Improvements or that portion which is incomplete or unsatisfactory. 8.1.4. Should Owner fail to complete the Roads and Utilities Required Improvements within the time period referred to in Section 8.1.1., then County may cause incomplete or unsatisfactory Roads and Utilities Required Improvements to be completed. 8.1.5. If County completes the Roads and Utilities Required Improvements, County may draw upon the Security for any and all costs and expenses incurred by County, in the completion of the Roads and Utilities Required Improvements. 8.2. For the purposes of this Agreement and access to any security offered and accepted to secure Owner's performance, Owner's failure to complete the Roads and Utilities Required Improvements shall include failure to install or have installed any portion of the Roads and Utilities Required Improvements to County Page 5 of 12 – Pronghorn Destination Resort Roads and Utilities Improvement Agreement – Deschutes County Document No. 2008-244 specifications, approved plans or applicable building specialty codes and failure to complete any required inspections by the Completion Date. 9. No County Guarantee. County does not guarantee that any of the Roads and Utilities Required Improvements referred to in this Agreement will be constructed, maintained or operated. 10. License to Use Permits, Specifications and Plans. 10.1. If County determines that any portion of the Roads and Utilities Required Improvements have not been satisfactorily completed as specified by the applicable Completion Date, Owner shall, upon request of the County, license and assign to County all of Owner's, applicable Permits, plans, specifications, shop drawings, instruments, permits and approvals, and other documents necessary or useful in the completion of or related in any manner to the applicable Roads and Utilities Required Improvements. 10.2. Owner shall be responsible for providing within any contracts for supply of labor and materials used in connection with constructing Roads and Utilities Required Improvements, that such contract rights are assignable by Owner. 10.3. Upon such request, Owner shall deliver physical possession of such Permits, plans, specifications, shop drawings, instruments, permits, approvals, and other documents to the County. 10.4. County may sub-assign or license the rights referred to in this Section 10 for any purpose without further approval from Owner. 11. No Third Party Beneficiaries. 11.1. County and Owner are the only parties to this Agreement and are the only parties entitled to enforce its terms. 11.2. Nothing in this Agreement gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name in this Agreement and expressly described as intended beneficiaries of this Agreement. 12. Restoration of Monuments. Owner shall restore any monument erected or used for the purpose of designating a survey marker or boundary of any town, tract, plat or parcel of land which monument is broken, damaged, removed or destroyed, during the course of work provided for or anticipated by this Agreement, whether intentional or otherwise, by the Owner or Owner's agents, employees or independent contractors. 13. Costs of Inspection. Owner shall pay to County the actual costs incurred by County in the inspection of the completed Roads and Utilities Required Improvements plus any fees, such as plan check fees and structural, electrical, plumbing and other specialty codes inspection fees normally associated with the review and inspection of any improvements on the Real Property. Page 6 of 12 – Pronghorn Destination Resort Roads and Utilities Improvement Agreement – Deschutes County Document No. 2008-244 14. Security for Roads and Utilities Required Improvements. 14.1. Owner shall provide the Bond as security for completion of the Roads and Utilities Required Improvements, issued in favor of the County by , deposited with the County in the amount of One Million Two Hundred Thirty Thousand Ninety Five and 40/100 dollars ($1,230,095.40) attached hereto as Exhibit D (the “Security”). 14.2. The amount of the Security represents one hundred and twenty percent (120%) of the estimated costs, as set forth in Exhibit B, of completing the Roads and Utilities Required Improvements to County standards, as applicable. 14.3. As used herein, issuers of surety bonds individually or collectively may be referred to as “Surety.” 15. Owner's Obligation For Costs. 15.1. Owner expressly acknowledges, understands, and agrees that this Agreement shall not relieve Owner from the obligation to complete and fully pay for the Roads and Utilities Required Improvements and other costs and fees set forth in this Agreement. 15.2. Should Owner fail to perform its responsibilities under this Agreement in any manner, Owner agrees to compensate County for all costs related to Owner's failure to perform its obligation to complete and warrant the Roads and Utilities Required Improvements and pay costs and fees. 16. Release of Security or Obligation. 16.1. After the Roads and Utilities Required Improvements have been inspected and approved by the County, County shall release the Bond or other security within fifteen (15) calendar days provided Owner has procured the warranty security required pursuant to Section 6 of this Agreement. 16.2. In addition, the County may release portions of the security when appropriate. 16.3. Upon written request of Owner, County may release any of Owner's obligations under the terms and conditions of this Agreement in writing upon Owner’s completion and County inspection and approval of any portion of the Roads and Utilities Required Improvements, provided County, in its sole discretion, determines that adequate security remains in place for Owner completion of Roads and Utilities Required Improvements in accordance with this agreement. 16.4. County’s partial release of any portion of the Security shall not be construed as a waiver of County’s right to require full compliance with this Agreement and Owner’s obligation to satisfy any costs and expenses incurred in completion of the Roads and Utilities Required Improvements. 16.5. If Owner has not yet obtained a bond or other security to guaranty its warranty obligations pursuant to Section 6, then County Treasurer shall withhold from such funds an amount equal to ten percent (10%) of the construction costs of completing the Roads and Utilities Required Improvements. Page 7 of 12 – Pronghorn Destination Resort Roads and Utilities Improvement Agreement – Deschutes County Document No. 2008-244 17. Shortfall in Security. 17.1. If the amount available to be drawn from the Security is less than the costs and expenses anticipated to be incurred, or actually incurred, by County, County may apply the proceeds of the Security to the anticipated or actual costs and expenses of completion of the Roads and Utilities Required Improvements 17.2. Owner shall be responsible and liable for the difference between the anticipated or actual costs and expenses of completion and the amount of the remaining security. 18. Incidental Costs. Without limiting the generality of the foregoing, if upon County's written notice to Surety of Owner's failure to complete Roads and Utilities Required Improvements, the proceeds of the Security are not remitted to County within ten (10) days of demand for funds by the County, or the Roads and Utilities Required Improvements is not installed within a reasonable time period determined by County after notice to the Surety, then County's costs of obtaining the proceeds of the surety Security and/or completing the Roads and Utilities Required Improvements and all incidental costs to the extent not covered by the Security, shall be added to the amount due County from the Owner, and shall be paid to County by Owner, in addition to and with all other amounts due hereunder. 19. Substandard Improvements. 19.1. Should the Roads and Utilities Required Improvements prove to be substandard or defective within the twelve (12) month warranty period in Section 6 of this Agreement, County shall notify Owner and/or the Surety of the warranty obligation in writing of such substandard or defective Roads and Utilities Required Improvements. 19.2. Owner and/or the Surety shall then have sixty (60) days to complete repair or replacement of the Roads and Utilities Required Improvements. 19.3. In the event that the repair or replacement per Section 19.1. cannot reasonably be completed within sixty (60) days, then the same shall be extended by such period of time as is reasonably necessary so long as Owner and/or the Surety promptly commence and thereafter diligently prosecute such repair or replacement. 19.4. Should Owner and/or the Surety fail to complete repair or replacement of the Roads and Utilities Required Improvements within the required time period, County may remedy the defects and demand payment for such from Owner and/or the Surety. 20. Successors in Interest. 20.1. The original of this Agreement shall be recorded with the Deschutes County Clerk and shall be a condition and covenant that shall run with the Real Property. 20.2. It is the intent of the parties that the provisions of this Agreement shall be binding upon the parties to this Agreement, and subject to the terms contained in Section Page 8 of 12 – Pronghorn Destination Resort Roads and Utilities Improvement Agreement – Deschutes County Document No. 2008-244 21, their respective successors, heirs, executors, administrators, and assigns, and any other party deriving any right, title or interest in or to the Real Property, including any person who holds such interest as security for the payment of any obligation, including a mortgagee or other secured party in actual possession of said Real Property by foreclosure or otherwise or any person taking title from such security holder. 20.3. Upon completion of the Roads and Utilities Required Improvements, and the expiration of the Warranty Period, County, upon request by Owner or any person or persons owning a lot in the Tentative Plat, shall release a lot from the condition and covenant subsisting under this Agreement. 21. Residential Lot Purchasers. Notwithstanding the terms of Section 20, the terms of this Section shall apply to each residential lot (“Residential Lot”) created from the Real Property or platted in the subdivision and sold or transferred to a third party (each such buyer or transferee and his or her successors and assigns is a “Residential Buyer”) and: 21.1. Each such Residential Lot is conveyed free of any obligation to pay money or complete the Roads and Utilities Required Improvements that may arise out of this Agreement; 21.2. Each Residential Buyer or Transferee is under no obligation or burden to complete the terms and conditions of this Agreement; 21.3. The recordation of this Agreement is for the purpose of putting Residential Buyer or Transferee on notice of the Agreement’s terms and that the County has no obligation to construct the Roads and Utilities Required Improvements or any portion of the Roads and Utilities Required Improvements nor does the Agreement in anyway guarantee that any of the Roads and Utilities Required Improvements will be constructed; and 21.4. The Agreement conveys no right or right of action by any Residential Buyer or Transferee against the County for any act or omission of the County, including but not limited to, the County decisions or acts which result in the Roads and Utilities Required Improvements, or any part of the Roads and Utilities Required Improvements, not being constructed. 22. Binding Authorization. By signature on this Agreement, each signatory, signing in a representative, capacity certifies that the signer is authorized to sign the Agreement on behalf of and bind the signer's principal. 23. Expiration. 23.1. Unless otherwise extended, this Agreement shall expire at the conclusion of the Warranty Period or upon expiration of the Permits, whichever is earlier, or by the express written release of Owner by County from this Agreement granted as part of an approval for a change of use of the Real Property. 23.2. Upon expiration, County shall provide Owner with a document in recordable form, formally evidencing such expiration and the parties agree to execute such document with fourteen (14) days of receipt of such document by the other party. Page 9 of 12 – Pronghorn Destination Resort Roads and Utilities Improvement Agreement – Deschutes County Document No. 2008-244 24. Survival. County's rights under this Agreement, including County's right to draw upon Owner's security in whole or in part to pay the full costs and expenses of completing the Roads and Utilities Required Improvements and repairs or replacements required herein along with any licenses granted in this Agreement and any costs of enforcement of this Agreement, shall survive the expiration of this Agreement. 25. No Agency. 25.1. It is agreed by and between the parties that Owner 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 Owner completes performance under this Agreement nor does County have a right to exercise any control over the activities of the Owner. 25.2. Owner is not an officer, employee or agent of County as those terms are used in ORS 30.265. 26. No Joint Venture or Partnership. County is not, by virtue of this Agreement, a partner or joint venturer with Owner in connection with the Site plan or the Real Property, and shall have no obligation with respect to Owner's debts or other liabilities of each and every nature. 27. Liens. 27.1. Owner shall pay as due all claims for work done on and for services rendered or material furnished to the Real Property and shall keep the Real Property free from liens. 27.2. If Owner fails to pay any such claims or to discharge any lien, County may do so and collect the cost from the Owner or Surety. 27.3. Such action by County shall not constitute a waiver of any right or remedy that County may have on account of Owner's failure to complete the Roads and Utilities Required Improvements or failure to observe the terms of this Agreement. 28. Indemnification. Owner shall be responsible for any and all injury to any and all persons or property caused directly or indirectly by reason of any and all activities of Owner under this Agreement and on the Real Property; and further agrees to defend, indemnify and save harmless County, its officers, 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 any such injury. 29. Limitation of Liability. This Agreement is subject to the Oregon Tort Claims Act, ORS 30.260 to 30.300. 30. Attorney Fees and Costs. In the event an action or suit or proceeding, including appeal therefrom, is brought by any party arising directly and/or indirectly out of the provisions of this agreement or the interpretation thereof, for Owner's failure to complete the Roads and Utilities Required Improvements or to observe any of the terms of this Agreement or the interpretation thereof, County shall be entitled to recover, in addition to other sums or performances due under this Agreement, reasonable attorney's fees and costs as the court may adjudge in said action, suit, proceeding or appeal. Page 10 of 12 – Pronghorn Destination Resort Roads and Utilities Improvement Agreement – Deschutes County Document No. 2008-244 31. Waiver. 31.1. Waiver of the strict performance of any provision of this Agreement shall not constitute the waiver of any other provision or of the Agreement. 31.2. No waiver may be enforced against the County unless such waiver is in writing and signed by the County. 32. Compliance with provisions, requirements of Federal and State laws, statutes, rules, regulations, executive orders and policies. Debt Limitation. 32.1. This Agreement is expressly subject to the debt limitation of Oregon counties set forth in Article XI, Section 10, of the Oregon Constitution. 32.2. Any provisions herein, which would conflict with the law, are deemed inoperative to that extent. 32.3. Additionally, Owner shall comply with any requirements, conditions or limitations arising under the any Federal or State law, statute, rule, regulation, executive order and policy applicable to the Roads and Utilities Required Improvements. 32.4. If this Agreement is in any manner construed to constitute the lending of the County's credit or constitute a debt of County in violation of Article XI, Section 10, of the Oregon Constitution, this Agreement shall be void. 33. No Inducement. No representations, statements, warranties have induced the making and execution of this Agreement, or Agreements other than those herein expressed. 34. Governing Law. 34.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. 34.2. Any claim, action, suit or proceeding (collectively, “Claim”) between County and Owner that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Deschutes County for the State of Oregon; provided, however, if a Claim shall be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon in Eugene, Oregon. 34.3. Pronghorn Investors, LLC by signing below, hereby consent to the in personam jurisdiction of said courts. The parties agree that the UN Convention on International Sales of Goods shall not apply. 35. Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be void, invalid or unenforceable, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held void, invalid unenforceable. 36. Counterparts. Page 11 of 12 – Pronghorn Destination Resort Roads and Utilities Improvement Agreement – Deschutes County Document No. 2008-244 36.1. This Agreement may be executed in several counterparts, all of which when taken together shall constitute one Agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. 36.2. Each copy of this Agreement so executed shall constitute on original. 36.3. If this Agreement is signed in counterpart, each counterpart shall be recorded as provided herein for the recording of this Agreement and each counterpart shall be noted on the recorded plat map. 37. Notice. 37.1. Expect as otherwise expressly provided in this Agreement, any communications between the parties hereto or notices to be given hereunder shall be given in writing to Owner or County at the address or number set forth below or to such other addresses or numbers as either party may hereafter indicate in writing. 37.2. Delivery may be by personal delivery, facsimile, or mailing the same, postage prepaid. 37.3. Communication or notice by personal delivery shall be deemed delivered when actually given to the designated person or representative. 37.4. Any communication or notice sent by facsimile shall be deemed delivered when the transmitting machine generates receipt of the transmission. To be effective against County, such facsimile transmission shall be confirmed by telephone notice to County's Director of Administrative Services. 37.5. Any communication or notice mailed shall be deemed delivered five (5) days after mailing. Any notice under this Agreement shall be mailed by first class postage or delivered as follows: To Owner: Thomas C. Hix Pronghorn Investors, LLC 132 SW Crowell, Suite 200 Bend, OR 97702 Fax No. (541) To County: Deschutes County Administrator Deschutes County Administration 1300 NW Wall Street, Ste 200 Bend, Oregon 97701 Fax No. 541-388-4752 38. Time is of the Essence. Time is of the essence of each and every provision of this Agreement. Page 12 of 12 – Pronghorn Destination Resort Roads and Utilities Improvement Agreement – Deschutes County Document No. 2008-244 39. Captions. 39.1. The captions contained in this Agreement were inserted for the convenience of reference only. 39.2. Captions do not, in any manner, define, limit, or describe the provisions of this Agreement or the intentions of the parties. 40. Merger Clause. 40.1. This Agreement and the attached exhibits constitute the entire agreement between the parties and supersedes any and all prior or contemporaneous negotiations and/or agreements among the parties, whether written or oral, concerning the subject matters of this Agreement which are not fully expressed herein. 40.2. All understandings and agreements between the parties and representations by either party concerning this Agreement are contained in this Agreement. 40.3. This Agreement shall bind all parties and its terms may not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by all parties. 40.4. Except as otherwise expressly provided herein, any written waiver, consent, modification or change shall be effective only when in writing and signed by the parties in the specific instance and for the specific purpose given. [SIGNATURES CONTINUED ON NEXT PAGE] Page 13 of 12 – Pronghorn Destination Resort Roads and Utilities Improvement Agreement – Deschutes County Document No. 2008-244 DATED this ___ day of __________, 2008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ________________________________________ DENNIS R. LUKE, Chair ATTEST: ________________________________________ TAMMY (BANEY) MELTON, VICE CHAIR ______________________________ Recording Secretary ________________________________________ MICHAEL M. DALY, Commissioner STATE OF OREGON ) ) s s County of Deschutes ) Before me, a Notary Public, personally appeared DENNIS R. LUKE, TAMMY (BANEY) MELTON, AND MICHAEL M. DALY, 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 __________, 2008 Notary Public, State of Oregon M y C o m m i s s i o n E x p i r e s : Dated this ___ of __________, 2008 OWNER: PRONGHORN INVESTORS, LLC By ________________________________ Its ________________________________ STATE OF OREGON ) ) s s County of Deschutes ) Before me, a Notary Public, personally appeared _____________________and acknowledged the foregoing instrument as _____________ of Pronghorn Investors, LLC. DATED this___ day of _________, 2008 Notary Public, State of Oregon Page 14 of 12 – Pronghorn Destination Resort Roads and Utilities Improvement Agreement – Deschutes County Document No. 2008-244 M y C o m m i s s i o n E x p i r e s :