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Home My WebLink AboutLicense to Use La Pine Pkg Lot - Amer Legion��-rEso itt .4 Deschutes 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 September 3, 2008 Please see directions for completing this document on the next page. DATE: August 27, 2008 FROM: Teresa Rozic Property and Facilities 385-1414 TITLE OF AGENDA ITEM: Consideration of Approval of County Administrator Signature of Document 2008-490, a Revocable License to American Legion Post #45 regarding Use of the County's La Pine Facility Parking Lot. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The American Legion Post #45 in La Pine is a public benefit nonprofit organization. They are sponsoring two craft fairs as fundraisers for the La Pine community. This revocable license gives The American Legion Post #45 permission to use part of the South County Services Building parking lot for the fundraisers. FISCAL IMPLICATIONS: None. In consideration for the public benefit the fundraisers provide, Deschutes County will not charge rent for using a portion of the parking lot. RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Document 2008-490. 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. 08/27/2008 Contact Person: Teresa Rozic Department: Contractor/Supplier/Consultant Name: Property and Facilities Phone #: 385-1414 American Legion Post #45 Goods and/or Services: Revocable License Background & History: The American Legion Post #45 in La Pine is a public benefit nonprofit organization. They are sponsoring two craft fairs as fundraisers for the La Pine community. This revocable license gives the American Legion Post #45 permission to use part of the South County Services Building parking lot for the fundraisers. Agreement Starting Date: 09/12/2008 Ending Date: 10/12/2008 Annual Value or Total Payment: None - consideration is the public benefit ® Insurance Certificate Received (check box) Insurance Expiration Date: 02/11/2009 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? ❑ Yes ❑ No If No, has budget amendment been submitted? ❑ Yes Li No Departmental Contact: Teresa Razic Department Director Approval: Phone #: „— Signature 385-1414 Title: Property Specialist /.)--1oS Date Distribution of Document: One original to Teresa Rozic for the Licensee Official Review: County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K) 0 Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ) Legal Review Document Number DC 2 0 0 , 4 9 0 Date 8/27/2008 Business Registry Business Name Search New Search Business Registry Business Name Search Business Entity Data Page 1 of 3 08-25-2008 10:46 Registry Nbr Entice Entity• Status Jurisdiction Registry Date Duration Date Renewal Date Type PATRICK COTTON 117547-10 DNP ACT OREGON 10-11-1976 Country 10-11-2008 Entity Name THE AMERICAN LEGION, LAPINE POST #45 Foreign Name 977391 Non Profit Type PUBLIC BENEFIT WITH MEMBERS New Search Associated Names Type PPB PRINCIPAL PLACE OF BUSINESS Start Date 09 -11 - 2000 Resign Date Addr 1 52532 DRAFTER RD PATRICK COTTON Addr 2 52532 DRAFTER RD Addr 2 CSZ LA PINE OR 197739 Country UNITED STATES OF AMERICA Please click here for general information about registered agents and service ofprocess. Type AGTREGISTERED AGENT Start Date 09 -11 - 2000 Resign Date Addr 1 Name PATRICK COTTON Addr 1 52532 DRAFTER RD Addr 2 PO BOX 590 CSZ LA PINE OR 127739 Country ITED STATES OF AMERICA Type MA4VIAILING ADDRESS � fL COTTON Addr 1 PO BOX 590 Addr 2 Addr 1 CSZ LA PINE OR 197739 Country I! NITED STATES OF AMERICA Type PRE 1PRESIDENT Resign Date Name CYRUS Addr 1 PO BOX 3157 Addr 2 CSZ LA PINE MOHR OR 97739 Country 1NITED STATES OF AMERICA Type SEC SECRETARY PATRICK � fL COTTON 1 Resign Date Name Addr 1 PO BOX 397 Addr 2 Country UNITED STATES OF AMERICA+� CSZ LA PINE TOR 977391 http://egov.sos.state.or.us/br/pkg_web_name_srch inq.show_detl?p_be_rsn=219862&p_srce=BR... 3/25/2008 REVIEWED LEGAL COUNSEL REVOCABLE LICENSE DESCHUTES COUNTY, a political subdivision of the State of Oregon (County) hereby grants AMERICAN LEGION POST #45, 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 8:00 am to 5:00 pm. Licensee conducts craft fairs as fundraisers for the La Pine community. In consideration for the public benefit Licensee provides, County is willing to grant Licensee a non-exclusive, revocable license to allow Licensee to conduct two (2) craft fairs 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 September 12, 2008 through midnight October 12, 2008, a period of thirty-one (31) days. 2. The use of Parcel shall be for the limited purpose of conducting a craft fair. 3. Licensee shall maintain the Parcel parking lot in a clean and safe condition. 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 'hall furnish satisfactory proof of insurance and endorsement. Page 1 — Revocable License — Document 2008-490 08/26/2008 15:14 15415369238 08/25/2008 12:41 5413173168 LA PINE DESCHUTES_COUNTY PAGE 03 PAGE 03 5. Licensee shall keep Parcel free and dear from any and all liens and encumbranOes 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 et 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 Fax: 317-3168 Jcensee: American Legion Post #45. PO Box 590 La Pine, Oregon 97739 Fax: 7. Nothing contained herein shall be construed es allowing Licensee permission to erect any fixture or permanent sign on the Parcel. 6. 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 American Legion Post #45 By: Dave Kanner County Administrator Date: Page 2 — Revocable License— Document 2008-490 By: Name: Title: Pd 4ir 41rr_r ri (47‘1,b£Z . Date: $`. 4-