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HomeMy WebLinkAboutLicense - Use of County ParkingDeschutes 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 July 23, 2008 Please see directions for completing this document on the next page. DATE: 07/08/2008 FROM: Teresa Rozic Property and Facilities 385-1414 TITLE OF AGENDA ITEM: Consideration of Signature of Document 2008-339, a Revocable License to Central Cascade Lines, Inc. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: Central Cascade Lines Inc. is a public benefit nonprofit organization that operates a bus service from La Pine. The organization needs a place to park its vehicles that is conveniently located to the highway. This five-year revocable licence gives Central Cascade Lines permission to use part of the South County Services Building parking lot. FISCAL IMPLICATIONS: None. In consideration for the public benefit Central Cascade Lines provides, Deschutes County will not charge rent for using a portion of the parking lot. RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Document 2008-339. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: One fully signed original to Teresa Rozic for the Licensee. 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. 07/08/2008 Department: Property and Facilities Contact Person: Teresa Rozic Phone #: Contractor/Supplier/Consultant Name: 385-1414 Central Cascade Lines Inc. Goods and/or Services: Revocable License Background & History: Central Cascade Lines Inc. is a public benefit nonprofit organization that operates a bus service from La Pine. The organization needs a place to park its vehicles that is conveniently located to the highway. This revocable licence gives Central Cascade Lines permission to use part of the South County Services Building parking lot. Agreement Starting Date: 07/01/2008 Annual Value or Total Payment: Ending Date: 06/30/2013 None - consideration is the public benefit Insurance Certificate Received (check box) Insurance Expiration Date: Check all that apply: ❑ RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) D Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) 05/03/2009 Funding Source: (Included in current budget? ❑ Yes E No If No, has budget amendment been submitted? ❑ Yes U No Departmental Contact: lTeresa Roz�c Phone #: Department Director Approval: L ) Signature 385-1414 Title: Property Specialist -71 q Date Distribution of Document: One original to Teresa Rozic for the Licensee Official Review: County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Document Number Date /8/2008 REVIEWED LEGAL COUNSEL REVOCABLE LICENSE DESCHUTES COUNTY, a political subdivision of the State of Oregon (County) hereby grants CENTRAL CASCADE LINES, INC., a public benefit nonprofit organization, (Licensee;, a non-exclusive revocable license to use County real property described as the South County Services Building, 51340 Highway 97, La Pine, Oregon, and shall be referred to herein as "Parcel". RECITALS County owns Parcel for the principal purpose of providing county services during County's customary business hours, Monday through Friday 8 am to 5 pm. Licensee operates a public bus line, originating in La Pine. In consideration for the public benefit Licensee provides, County is willing to grant Licensee a non-exclusive, revocable license to allow Licensee to park its vehicles in the Parcel parking lot. NOW THEREFORE, this revocable license is granted upon the following terms and conditions: 1. The term of the license is July 1, 2008 to June 30, 2013, a period of five (5) years. 2. The use of Parcel shall be for the limited purpose of vehicular parking for Licensee's buses and employee vehicles. Licensee shall use the parking spaces on the southernmost end of the parcel. 3. Licensee shall utilize the Parcel for vehicular parking in a clean and safe condition and in compliance with all statutes and rules for the operation of a vehicle. Licensee understands and agrees that members of the public routinely use Parcel for vehicular parking throughout the day. County's granting of this license and Licensee's use thereof shall not be construed as assuring available parking or in any way creating an agency relationship or partnership between the two parties. 4. Licensee, its employees, agents and invitees, shall exercise the privileges contained herein at their own risk. Licensee shall defend, indemnify and hold County, its 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 Parcel or any failure on the part of Licensee, its employees, agents or invitees to perform fully any and all conditions of this license. Licensee shall obtain and maintain throughout the term of this license a commercial general liability insurance policy on an occurrence basis in an amount of $500,000 per occurrence, $1,000,000 in the aggregate, together with an endorsement, naming the County as an additional insured. Before this license is effective, Licensee shall furnish satisfactory proof of insurance and endorsement. Page 1 — Revocable License — Document 2008-339 5. Licensee shall keep Parcel 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 such use of the by others. 6. County may revoke this License at any time upon giving Licensee not Tess than ten (10) days written notice of its intent to do so. Termination or revocation of this license shall not affect the accrual of any cause of action which might arise while this license was in effect. Any notice by Licensee to Licensor or Licensor to Licensee must be served by certified or registered mail, postage prepaid, addressed to the other at the address given below or at such other address as either may designate by written notice. Licensor: Deschutes County Property Management 14 NW Kearney St. Bend, Oregon 97701 Licensee: Central Cascade Lines Inc. PO Box 3362 La Pine, Oregon 97739 7. Nothing contained herein shall be construed as allowing Licensee permission to erect any fixture or permanent sign on the Parcel. 8. In the event this license is revoked, County shall not be liable to Licensee and Licensee hereby releases and discharges County, its officers, agents and employees from any liability, cost or damage arising from or in any way related to County's action. 9. 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. COUNTY: LICENSEE: Deschutes County Central Cascade Lines Inc. Lt. p ► T4 LW tS By: By: Dave Kanner Na me 'rot inaciati County Administrator Title: itacS► Date: Page 2 — Revocable License — Document 2008-339 Date: Itk4,17`g From: Lumbermens Insurance 541-385-3231 To: 9,3173168 Page: 1/4 Date: 7/10/2008 2:39:41 PM A-L-VtU , (;LK I II-IC:A I t VI' LIA13IL1 I Y INSUKANUt 04/21/2008 PRODUCER (541)382-2421 Lumbermens Insurance 965 SW Emkay Drive PO Box 940 Bend, OR 97709 FAX (541)385-3231 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Central Cascade Lines, Inc. PO Box 3362 LaPine, OR 97739 INSURERA Alliance of Nonprofits for Ins INSURER B: INSURER C: INSURER D. INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IMP= ADM. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDDIYY) POLICY EXPIRATION DATE (MWDDM I LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 2008-21052 05/03/2008 05/03/2009 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Fa 100 000 ' CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1, 000, 000 GEN'L GENERAL AGGREGATE $ 1,000,000 AGGREGATE LIMIT APPLIES PER POLICY — PR COT- LOC PRODUCTS - COMP/OP AGG $ 1,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESS/UMBRELLALIABILITY — OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ — $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC SLOTH TORY LIMIT MITS ER E . EACH ACCIDENT $ E . DISEASE - EA EMPLOYEE $ E . DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS 1yE.HIC ES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Certificate Holder is added as Additional Insured pand shall include Deschutes County, its officers, agents, employees and volunteers per form CG20 26 0704 attached. Re: Grant for bus purchase 10 Day Notice of Cancellation for Non -Payment Deschutes County Board of Commissioners 1300 NW Wall Street Suite 200 Bend, OR 97701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAII. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LI -FT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILIT OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE S rd Debra Barlow/DBARLO;. ACORD 25 (2001/08) FAX: (541) 317-3168 ©ACORD CORPORATION 1988 This fax was sent with GFI FAXmaker fax server. For more information, visit: http://www.gfi.com From: Lumbermens Insurance 541-385-3231 To: 9,3173168 Page: 2/4 Date: 7/10/2008 2:39:42 PM IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) This fax was sent with GFI FAXmaker fax server. For more information, visit: http://www.gfi.com From: Lumbermens Insurance 541-385-3231 To: 9,3173168 Page: 3/4 Date: 7/10/2008 2:39:42 PM Additional Coverages and Factors 04/21/2008 Line of Business Coverages for Coverage General Aggregate Products/Completed Ops Aggregate Personal & Advertising Injury Each Occurrence Fire Damage Medical Expense Liquor Liability General Liability Limits 1,000,000 1,000,000 1,000,000 1,000,000 100,000 10,000 1,000,000/1,000,000 Ded/Ded Type Rate Premium Factor This fax was sent with GFI FAXmaker fax server. For more information, visit: http://www.gfi.com From: Lumbermens Insurance 541-385-3231 To: 9,3173168 Page: 4/4 Date: 7/10/2008 2:39:43 PM POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL. LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Orranization(s) Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 This fax was sent with GFI FAXmaker fax server. For more information, visit: http://www.gfi.com