HomeMy WebLinkAboutDoc 665 - Sale Agrmt - COCC - H S of RdmdDESCHUTES 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.)
Please complete all sections above the Official Review line.
Date: IDecember 23, 2013 I Department: IProperty & Facilitieij
Contractor/Supplier/Consultant Name: Central Ore on Communit Colle e
Contractor Contact: Matt McCo~ Contractor Phone #: 541-383-7210
Type of Document: Sale Agreement
Goods and/or Services: N/A
Background & History: Deschutes County owns a parcel of land, currently leased to
BrightSide Animal Center (formerly Humane Society of Redmond). The parcel is
approximately 4.39 acres in size. Central Oregon Community College ("COCC") wishes
to purchase a 1.04-acre portion of that parcel that contains an existing structure that
was used as an event center to house its Veterinary Technician Program. The partition
and sale to cacc of the approximately 1.04 acres will not adversely affect the
BrightSide program. The sale price of this parcel is $300,000 less the costs involved in
the minor partition. Net price after costs will be $262,224 ($37,776 worth of partition
expenses).
Costs for Partition
Engineering Services $ 5,220
Appraisal $ 2,500
City Fees $ 4,887
Waterline Install $ 13,134
Waterline SDC =-$_......;1:...::;;2""",0=3..;;;;.5
Total $ 37,776
Agreement Starting Date: IUpon signaturij Ending Date: '-------J
Annual Value or Total Payment: 1$262,22~
o Insurance Certificate ReCeiVjd (ChjCk box)
Insurance Expiration Date:
Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K)
D Exempt from RFP. Solicitation or Bid Process (specify -see DCC §2.37)
12/2312013
____ _
Funding Source: (Included in current budget? DYes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? DYes No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: DYes D No
Contact information for the person responsible for grant compliance: Name:
Phone#:
Departmental Contact and Title: Phone #: 541-383-6713
Department Director Approval: --,---::.-_WvV1 ___/_~ 1~;'t~(12
Signature Date
Distribution of Document:
One original to Susan Ross for the buyer.
Official Review:
County Signature Required (check one): 0 SOCC o Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. _____)
Legal Review Date
Document Number 2013-665
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12/23/2013
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
SALE AGREEMENT
DATE: December_,2013
SELLER: DESCHUTES COUNTY, apolitical subdivision ofthe STATE OF OREGON
BUYER: CENTRAL OREGON COMMUNITY COLLEGE
RECITAL:
Seller desires to sell to Buyer and Buyer desires to purchase from Seller a portion of that
certain real property with all improvements located on it commonly known as1355 NE
Hemlock, Redmond, Deschutes, Oregon, having the following legal description (the "Property"):
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Partition Plat 2001-29, PT Parcel 2 and PT Parcel 3
(See Exhibit 1 and 2 attached hereto and incorporated by reference herein)
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fTogether with an access easement 50 feet in width as generally described on Exhibit 2 I
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AGREEMENT: INow, therefore, for valuable consideration, the parties agree as follows:
1. Sale and Purchase. Buyer agrees to purchase the Property from Seller and Seller agrees I
to sell the Property to Buyer for the sum of $300,000 less the costs of partition incurred by Buyer
(the "Purchase Price"). !
2. Payment of Purchase Price. At closing, Buyer shall pay the net purchase price in cash. I
3. Closing. Closing shall take place within 30 days of the completion of the property
partition (the "Closing Date"), at the offices of Western Title in Redmond, Oregon. Each party
shall pay one-half of the escrow fee. !
4. Preliminary Title Report. Within 15 days after full execution of this Agreement, Seller I
shall furnish to Buyer a preliminary title report showing the condition of title to the Property,
together with copies of all exceptions listed therein (the "Title Report"). Buyer will have 10 days
Page 1 SALE AGREEMENT FITCH LAW GROUP, PC I210 SW 5TH STREET, SUITE 2
REDMOND, OR 97756
DC 2013-665 541-316-1588 PHONE f541-316-1943 FAX
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from receipt of the Title Report to review the Title Report and to notify Seller, in writing, of
Buyer's disapproval of any exceptions shown in the Title Report. Those exceptions not objected t
to by Buyer are referred to below as the "Permitted Exceptions." Zoning ordinances, building
restrictions, taxes due and payable for the current tax year, and reservations in federal patents
and state deeds shall be deemed Permitted Exceptions. If Buyer notifies Seller of disapproval of
any exceptions, Seller shall have 15 days after receiving the disapproval notice to either remove
the exceptions or provide Buyer with reasonable assurances of the manner in which the I
exceptions will be removed before the transaction closes. If Seller does not remove the Iexceptions or provide Buyer with such assurances, Buyer may terminate this Agreement by
written notice to Seller given within 15 days after expiration of such 15-day period, in which
event the earnest money shall be refunded to Buyer and this Agreement shall be null and void. I5. Conditions. Buyer's obligation to purchase the Property is contingent upon City of
Redmond approval of a partition of the subject property. II
6. Deed. On the Closing Date, Seller shall execute and deliver to Buyer a statutory I
warranty deed, conveying the Property to Buyer, free and clear of all liens and encumbrances
except the Permitted Exceptions. I
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7. Title Insurance. Within 15 days after closing, Seller shall furnish Buyer with a standard
owner's policy of title insurance in the amount of the purchase price, standard form, insuring I
Buyer as the owner of the Property subject only to the usual printed exceptions and the Permitted
Exceptions. I
8. Prorates. Insurance premiums (if Buyer assumes the existing policy) and other usual
items shall be prorated as of the Closing Date. I ~9. Possession. Buyer shall be entitled to possession immediately upon closing. i.
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~10. Property Included. All built-in appliances, floor coverings, window and door screens,
storm doors and windows, irrigation, plumbing, ventilation, cooling and heating fixtures and
equipment, water heaters, attached electric light fixtures, window coverings, awnings, planted
shrubs, plants and trees, and all fixtures are part of the Property and shall be left on the Property
by Seller.
11. Representations. Buyer represents that it has accepted and executed this Agreement on
the basis of its own examination and personal knowledge of the Property; that Seller and Seller's
agents have made no representations, warranties, or other agreements concerning matters relating
to the Property; that Seller and Seller's agents have made no agreement or promise to alter,
repair, or improve the Property; and that Buyer takes the Property in the condition, known or
unknown, existing at the time of this Agreement, "AS IS."
12. Binding Effect/Assignment Restricted. This Agreement is binding on and will inure to
the benefit of Seller, Buyer, and their respective heirs, legal representatives, successors, and
Page 2 SALE AGREEMENT FITCH LAW GROUP, PC
210 SW 5TH STREET, SUITE 2
REDMOND, OR 97756
DC 2013-665 541-316-1588 PHONE
541-316-1943 FAX
assigns. Nevertheless, Buyer will not assign its rights under this Agreement without Seller's
prior written consent which consent shall not be unreasonably withheld.
13. Remedies. TIME IS OF THE ESSENCE REGARDING THIS AGREEMENT. If the
conditions described in Section 5 above are satisfied either party reserves all legal and equitable
remedies if the other party fails to close this transaction. I i
14. Attorney Fees. In the event action is instituted to enforce any term of this Agreement, i
the prevailing party shall recover from the losing party reasonable attorney fees incurred in such t taction as set by the trial court and, in the event of appeal, as set by the appellate courts.
15. Notices. All notices and communications in connection with this Agreement shall be
given in writing and shall be transmitted by certified or registered mail, return receipt requested,
to the appropriate party at the address first set forth above. Any notice so transmitted shall be Ideemed effective on the date it is placed in the United States mail, postage prepaid. Either party
may, by written notice, designate a different address for purposes of this Agreement. I
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16. Entire Agreement. This Agreement sets forth the entire understanding of the parties
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l with respect to the purchase and sale of the Property. This Agreement supersedes any and all
prior negotiations, discussions, agreements, and understandings between the parties. This
Agreement may not be modified or amended except by a written agreement executed by both
parties. I17. Applicable Law. This Agreement shall be construed, applied, and enforced in
accordance with the laws of the state of Oregon. i
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18. Acceptance. This Agreement shall be null and void unless accepted by Seller, by Seller's
execution of it, on or before December -,2013. I t
!THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A IFIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS fSUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST "
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ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE
AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS !,
DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS I
INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE t
ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 ITO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND
SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. BEFORE SIGNING J
IOR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO
THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY !
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PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING
TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED f ,IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR
IPage 3 -SALE AGREEMENT FITCH LAW GROUP, PC ,
210 SW 5TH STREET, SUITE 2
REDMOND, OR 97756 IDC 2013-665 541-3\6-1588 PHONE
541-316-1943 FAX I
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PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR
STRUCTURES 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, AND SECTIONS 2
TO 9 AND 17 CHAPTER 855, OREGON LAWS 2009.
THE PROPERTY DESCRIBED IN THIS INSTRUMENT IS SUBJECT TO SPECIAL
ASSESSMENT UNDER ORS 358.505.
SELLER:
Deschutes County
Alan Unger, Chair
Tammy Baney, Vice-Chair Attest:
Recording Secretary
BUYER:
Central Oregon Community College
By: James Middleton
Its: President
Page 4 -SALE AGREEMENT
DC 2013-665
Anthony DeBone, Commissioner
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tFITCH LAW GROUP, PC
210 SW 5TH STREET, SUITE 2 t
REDMOND, OR 97756 i 541-316-1588 PHONE
541-316-1943 FAX
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N.E.114 SEC. 1 0 T.15S. R.13E. WM.~~l
DESCHlffES COUNTY-..-2011
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ZCJtED: "2 (HEAVY INIlUSTRIAL) PARCEL 1
OWNER: ADElBE!I1 UD
110 ME G!!ID<1IOOO
BEMI. OR 9770l it
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OWNER: sa.\0' AHIl SONS u.c
12JiS5 SW _ AD
1\JAIJ\lIN. OR 91062
11. 1510 (3.04 ...c)
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OWNER: onsEA sa.\0' u.c
PO BOX 205
lUALAlIN. OR 97062
LEGEND
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TENTATIVE PLAT
2 LOT PARTITION
PP2001-29: PT PARC£,_ 2 + PT PARCEL 3 TAX
LOI 1600. LOCA lEO IN Tl-lE NE i Of"
CHY OF
__"WVO
SET UOII\J\I£H T
SlJi('F.Y CON1lIa.OCZSING IT!<C[
OCZS n>oe; PftCIP£!!lY
00iSll'II0 £DC!: 0'" ..c
OCZSII!<G EJlC'£ Of CR"'O.
DClSDsG WA lDl I t''f!
EJaS1L~ SOI6t .J~
~..roo SD<V!CE
0«>0' ~-y 0'-",
N£'&o [ASE\l!)j I
Lm Sf: 'E.ODCS (ROC 5 m 95
SECTION 10, T. 15S.. R. 13E.•
REDMOND . DESCHU TES COUNTY. OREGON
OWN£R :
DESCHUlES COUNT'(
PO BOX 600S
BEMl. OR 9T708
DE\IEL.OPElt
COITRAL OR.E~ COM\IUNIiY CQU.ECE
2600 1£ COU£GE WA ':(
BEKD . OR 9 n 01
C/O: RlO1 3RECKL CONSTRUCTION MeR.
(541) ~-4J75
ENGINEER:
C A RO~ EJ.'Ce.'ERlNG
no SE BUSINESS WAY. sum: 200
BENO. OR 97702
(541) 585-2207
TAX LOT: 151JI OAOO . 600
1355 NE ~,,~ -R~ONO. OR
ZONE: 112 -HEAVY lNOUSlRlI'.L
WAl£R: CIT'( OF REDIIOND
SEWER: Cl1Y Of REDIIOND
POWER: PACJrIC FOWER " UGH
PHONE: CENlIJRY LINK
CABlE: e't."'N1l I!ROAIl8AND
F1RE: CllY OF REDWOND
TOTAL AREA.: 91.2.59 SF (4-'}9 AC)
PARCn. 1: 1 45.~ Sf (J.:55 AC)
PARCEL 2: 45.455 Sf (1.04 AC)
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VlClNITY MAP
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C A RO'¥LES . ENGINEERING ~I~OREGON COIIWlHTY cruLCE PUf"-2Urr ft ._ ,~'!'ilk
720 S.E. BUSINESS SUITE 200 WAY 1355 HE HEloILOCK AYE ~
FAY. 2600 HE cruLGE I-i""'~-c-~==~---+--+---I---------l
BEND. OREC()/i 97702 5"'.585.2207 BEND. OR. 97701 RBlIIOHO. OREGON ..:!":=:;=-=--'u£.e/.n•.-"""'DL-__-+--+__-l-____---l