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HomeMy WebLinkAboutMOU - City of Redmond - B Johnson CenterDeschutes 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 August 27, 2008 Please see directions for completing this document on the next page. DATE: August 21, 2008 FROM: Erik Kropp Department : Admin. Services Phone #: x6584 TITLE OF AGENDA ITEM: Consideration of Signature of Document No. 2008-485, a Memorandum of Understanding with the Urban Renewal Agency of the City of Redmond, Oregon to Exchange Land Related to the Becky Johnson Center . PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: The Urban Renewal Agency of City of Redmond is building Centenial Park which will be located south of the Becky Johnson Center. In order to facilitate the construction of Centenial Park, the Urban Renewal Agency of City of Redmond (Agency) has proposed a land exchange with Deschutes County. Under the terms of the MOU, the County would give the Agency the County property that currently serves as a parking lot for the Becky Johnson Center for use of a City park. In exchange, the Agency would design and construct replacement parking for the Becky Johnson Center and construct a children's play area, including automatic irrigation system, landscaping, and a perimeter wood fence. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Approve Board signature of Document No. 2008-485. ATTENDANCE: Erik Kropp and Heather Richards, City of Redmond Principal Economic Planner. DISTRIBUTION OF DOCUMENTS: Who should get an original or a copy? Include the full address if it needs to be mailed to someone outside the County. 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: 8/21/08 Contact Person: Please complete all sections above the Official Review line. Erik Kropp Department: lAdmin. Services Contractor/Supplier/Consultant Name: Phone #: x6584 Goods and/or Services: Land exchange with the City of Redmond Urban Renewal Agency. Background & History: MOU for land exchange of County property at the Becky Johnson Center. The City of Redmond would use the County land for construction of Centerlial Park. In return, the County will receive a replacement parking lot and the Becky Johnson Center will receive an expanded children's play area. Agreement Starting Date: lAugust 27, 2008 Ending Date: Annual Value or Total Payment: 0 Ill Insurance Certificate Received (check box) Insurance Expiration Date: Check all that apply: C 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 Departmental Contact: Erik Kropp Title: Deputy County Administrators Department Director Approval: Phone #: x6584 Signature Date Distribution of Document: Include complete information if document is to be mailed. Official Review: County Signature Required (check one): 0 BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ) 8/21/2008 Legal Review Date Document Number 8/21/2008 MEMORANDUM OF UNDERSTANDING TRANSFER OF IMPROVED REAL PROPERTY PARTIES: DESCHUTES COUNTY a Political Subdivision State of Oregon AND URBAN RENEWAL AGENCY OF THE CITY OF REDMOND, OREGON, an Oregon Municipal Corporation RECITALS: ("County") ("Agency") A. The County and the Agency have entered into this Agreement pursuant to ORS 190.003 et seq. to carry out their respective responsibilities. B. The County owns a legal lot of record located in Redmond, described as: Tax Map 15-13-16AB Tax lots 10800, 10900 and 10901(herein "County Property"). C. The Agency owns a legal lot of record also located in Redmond, described as: Tax Map 15-13-16AB, Tax Lots 9600 and 9601 (herein "Agency Property"). D. Agency Property and County Property are of approximately equal values. E. The Agency desires to acquire County Property on which it intends to design and construct a community park. However, County Property currently serves as a parking lot for the Becky Johnson Community Center (herein "Community Center"), a County owned facility. Agency intends to design and construct replacement parking for the Community Center and certain other improvements more specifically described herein and transfer the Agency Property to County in exchange for County's transfer of County Property to Agency. AGREEMENT: 1. LAND USE. The Agency shall apply for and obtain, at Agency's expense, all necessary permits and approvals for the use of Agency Property as a Community Center parking lot and of County Property as a City park. Agency shall improve or cause to be improved Agency Property as a parking lot consisting of no less than 22 parking spaces and at least one space designed as handicap parking. In so doing Agency shall comply with all local, state and federal laws, regulations and rules governing the design and construction of such improvements. In particular, the parking lot design shall be as generally depicted on the site plan, marked Exhibit A, attached hereto and incorporated. 2. CONVEYANCES AND POSSESSION. Page 1 of 4 MEMORANDUM OF UNDERSTANDING TRANSFER OF IMPROVED REAL PROPERTY 2.1 Assuming the land use actions described above in Paragraph 1 are successful, and conditions precedent to closing are complete or waived, the Agency will convey the Agency Property to the County and the County will simultaneously convey to Agency the County Property. The parties have determined that their respective interests will be better served and that the public interest will be furthered by these transfers. 2.2 Agency shall be entitled to possession of the County Property on January 1, 2009, or upon signing of Intergovernmental Agreement, whichever is earlier. If the improvements to Agency Property are not completed by that date, Agency shall provide temporary alternative parking. 3. CONDITIONS PRECEDENT TO CLOSING 3.1 Agency Obligations. Improvements to Agency Property, including and removal of the existing dwelling, site preparation, design and installation of parking (at least 22 spaces), drainage, sidewalks, drive approaches, corner sidewalk ramps, an ADA accessible walkway from the parking lot to the intersection of SW 8th St. and Deschutes Ave. parking lot lighting and landscaping (including an automatic irrigation system), shall be substantially complete. Agency shall design and construct along SW 8th Street near the Community Center at least one accessible parking space, as well as a dedicated on -street bus drop-off/pick-up space on the eastern side of SW 8th Street adjacent to the Community Center, all subject to ADA design standards. Agency shall also design and construct, per ADA design standards, corner sidewalk ramps and ADA compliant crosswalks (both sides of SW 8th St.) at the intersection of SW 8th Street and Deschutes Ave. In undertaking the project described in this paragraph Agency shall comply and require its contractors and agents to comply with all required public contracting laws and requirements, including without limitation prevailing wage requirements for a public works project and the required posting of bonds and insurance over the project. 3.2 County Obligations. County will sign a property release allowing for all appropriate due diligence and land use review on the County property prior to Agency possession if necessary. 3.3 County shall enter into a shared -parking agreement, allowing public use of the parking facility when the Community Center is not using the facility. 3.4 Preliminary Title Report. The Agency shall obtain a preliminary title report on both Agency Property and County Property. As of the date of closing each property shall have clear, lien free title to the receiving party's satisfaction. Title to the properties shall be conveyed by bargain and sale deed. 3.5 Agency shall create, design and construct in conjunction with the Deschutes Children's Foundation, a children's play area ("Improvements") of a minimum of 2,000 square feet, in addition to the existing play area (approximately 607 square feet) on City property east of the Community Center in the current alleyway and County property just south of the Community Center structure. Improvements include an automatic irrigation system, landscaping, and a perimeter wood fence (to match existing fence). Page 2 of 4 MEMORANDUM OF UNDERSTANDING TRANSFER OF IMPROVED REAL PROPERTY 3.6 Agency has examined County Property to its complete satisfaction and agrees to accept same in its current "as -is" condition. County makes no representation or warranty as to the condition or fitness of County Property for any purpose, use or activity. Agency shall be responsible for obtaining at Agency expense all permits and approvals from regulatory agencies and for making the site suitable for contemplated Agency improvements. Agency agrees to defend, indemnify and hold County harmless from any and all claims, actions or lawsuits based upon the condition of County Property, or on Agency's development and use of same. This provision shall survive closing of the property transfer. 3.7 Agency shall cause an appraisal to be made of Agency Property after completion of improvements described in paragraphs 3.1 and of County property to demonstrate that the values of the properties are approximately equal. If the property exchange values are materially different (greater than 15%), both public agencies will re -negotiate the terms of this agreement in the best interest of the public that is served. 4. EFFECTIVE DATE. The effective date of this Agreement is upon execution of this Agreement by both parties. 5. BINDING EFFECT. The terms of this Agreement shall be binding upon and inure to the benefit of each of the parties and each of the respective administrators, agents, representatives, successors and assigns. 6. NO AGENCY OR PARTNERSHIP. 6.1 It is agreed that neither party is acting as an agent of the other party for any purpose, that neither party is carrying out a function on behalf of the other, and that neither party has the right of direction or control of the manner in which the other delivers services under this Agreement nor the right to exercise any control over the activities of the other party. 6.2 Neither party is, by virtue of this Agreement, a partner nor joint venture 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. INCORPORATION OF RECITALS. The recitals set forth above are hereby incorporated into and made a part of this Agreement. 8. ENTIRE AGREEMENT. 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 which are not fully expressed herein. This Agreement may not be modified or amended except by a writing signed by both parties. 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, Page 3 of 4 MEMORANDUM OF UNDERSTANDING TRANSFER OF IMPROVED REAL PROPERTY CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINES IN ORS 92.010 OR 215.010, TO VERIFY 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 PROPERTY 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. ATTEST: Recording Secretary Date ATTEST: Recording Secretary CITY OF REDMOND, OREGON URBAN RENEWAL AGENCY BY: ITS: BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, CHAIR TAMMY BANEY MELTON, COMMISSIONER Date MICHAEL M. DALY, COMMISSIONER Page 4 of 4 MEMORANDUM OF UNDERSTANDING TRANSFER OF IMPROVED REAL PROPERTY 507 SW 6?H STREET, RE➢MEN➢, ❑REGEN 97756 n L_J rn U Z CI z �y z n zC fel z nn rn C Z .21J zn £o6Ed61t6 x'6J n 0 15-13-I6AB-10100 I5-13-16AB-10500 9 PUBLIC ALLEY 1 9 0 20' Il'ARKING SPACES 9' 0 c0' BARRING, S 0' 0 20' PARKING S ACES ACES [015TIN5 A' SIDEWALK 0 O 0 0 0 0088I Sb9I-8i SI NOSNH❑P ,l>13]S T Z 2 i O• a 0 3'