HomeMy WebLinkAboutBend-La Pine Schools IGA�uTesc
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orp.
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of Monday, March 2, 2009
Please see directions for completing this document on the next page.
DATE: February 24, 2009
FROM: Laurie Craghead/Teresa Rozic.
385-1414
Legal/Property Management 388-6593 &
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2009-085, a Contract for Sale/Intergovernmental
Agreement with the Bend -La Pine School District regarding the Sale of Land for a New Elementary
School in Neighborhood Planning Area of La Pine, Oregon.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
In the County Comprehensive Plan, the County agreed to sell to the Bend -La Pine School District up to
15 acres for a new school in the La Pine Neighborhood Planning Area. The price to be paid was to be
the price the County paid the federal government for the land. The school district has created the draft
partition plat and is ready to start construction on the new school but does not have final approval of the
partition plat yet. Thus, the attached Contract/IGA is to allow the school district to begin work on
constructing the school while the partition plat is still in process.
There are several policy implications in this agreement. First, whether to to allow construction prior to
conveyance of the partitioned School Property. Second, whether to agree to encumber the remaining
portion of the County -owned land in the Newberry Neighborhood with the agreement to require all
subsequent purchasers to reimburse the District for the water line that the district will be constructing
for the school Third, is whether the County wants to dedicate land in the Newberry Neighborhood for
road purposes to expand Burgess Road, which the District needs in order to get partition approval.
Fourth, whether the proposed Road Maintenance Agreement is sufficient.
There is a time crunch with this contract in that, the District has contractors ready to start work on
March 3, 2009. The district is needing to complete construction on the school by the time classes start
in the fall of 2009.
FISCAL IMPLICATIONS:
The amount of the payment for the land by the District was previously agreed to by the County through
an Intergovernmental Agreement. The other fiscal implications would be the risk the County would
take if there is environmental contamination on the property, either existing or caused by the District
and the risk the County would have should injuries occur while the District is engaged in construction
prior to the closing of the sale of the property to the District. The Agreement has the District accepting
those risks.
RECOMMENDATION & ACTION REQUESTED:
Consider whether to sign the IGA or make changes.
ATTENDANCE: Sharon Smith, attorney for the District, Laurie Craghead, Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Original - Teresa Rozic,
Copy - Laurie Craghead,
Copy - Sharon Smith @
Bryant Lovlien Jarvis, 591 SW Mill View Way
PO Box 880
Bend OR 97709
,;DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, 'regardless of whether thedocument 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:
3/3/09
Please complete all sections above the Official Review line.
Department:
Contractor/Supplier/Consultant Name:
Contractor Contact:
Legal/Property Management
Bend -La Pine School District
Sharon Smith, Bryant Lovlien Jarvis, 591 SW Mill View Way,
PO Box 880, Bend OR 97709
Contractor Phone #:
Type of Document: IGA and property sales agreement.
382-4331
Goods and/or Services: Sale of 15 acres in La Pine Neighborhood Planning Area to
the Bend -La Pine School District for the construction of a new elementary school.
Background & History: In the County Comprehensive Plan, the County agreed to
sell to the Bend -La Pine School District up to 15 acres for a new school in the La Pine
Neighborhood Planning Area. The price to be paid was to be the price the County paid
the federal government for the land. The school district has created the draft partition
plat and is ready to start construction on the new school but does not have final
approval of the partition plat yet. Thus, the attached Contract/IGA is to allow the school
district to begin work on constructing the school while the partition plat is still in process.
There are several policy implications in this agreement. First, whether to to allow
construction prior to conveyance of the partitioned School Property. Second, whether to
agree to encumber the remaining portion of the County -owned land in the Newberry
Neighborhood with the agreement to require all subsequent purchasers to reimburse
the District for the water line that the district will be constructing for the school Third, is
whether the County wants to dedicate land in the Newberry Neighborhood for road
purposes to expand Burgess Road, which the District needs in order to get partition
approval. Fourth, whether the proposed Road Maintenance Agreement is sufficient.
There is a time crunch with this contract in that, the District has contractors ready to
start work on Monday, March 3, 2009. The district is needing to complete construction
on the school by the time classes start in the fall of 2009.
Agreement Starting Date:
3/3/09
Annual Value or Total Payment:
$18,765
Ending Date:
❑ Insurance Certificate Received (check box)
Insurance Expiration Date:
Check all that apply:
❑ RFP, Solicitation or Bid Process
10/30/09
2/24/2009
Informal quotes (<$150K)
Exempt from: RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ❑ Yes ® No AM
If No, has budget amendment been submitted? ❑ Yes ® No
Is this a Grant Agreement providing revenue to the County? ❑ Yes ® 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: ❑ Yes ❑ No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title:
6593, Teresa Rozic 385-1414
Department Director Approval:
Laurie Craghead Phone #: 388 -
Signature Date
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Official Review:
County Signature Required (check one):,1 BOCC ❑ Department Director (if <$25K)
LI Administrator (if >$25K but <$150K; if >$150K, BOCC Order o.
Legal Review (7-=- ^) '' f {C Date
Document Number ) 661 (Ks
2/24/2009
REVIEWED
LEGAL COUNSEL
For Recording Purposes Only
CONTRACT FOR SALE / INTERGOVERNMENTAL AGREEMENT BETWEEN
DESCHUTES COUNTY and BEND -LA PINE SCHOOLS
For The Sale of Land For New Elementary School in
Neighborhood Planning Area of La Pine, Oregon
This Agreement, is made and entered into by and between Deschutes County, a political subdivision of the State
of Oregon, ("County") and the Bend -La Pine Schools, a school district of the State of Oregon, ("District").
RECITAL
WHEREAS, County and District are authorized pursuant to ORS 90.003 through 190.110 to enter into an
intergovernmental agreement for the performance of any or all functions which a party to the agreement has the
authority to perform; and
WHEREAS, this CONTRACT FOR SALE / INTERGOVERNMENTAL AGREEMENT is for a portion of that
real property described as:
Lot 7 of NEWBERRY NEIGHBORHOOD NO 2, Deschutes County, Oregon;
and
WHEREAS, the Deschutes County Comprehensive Plan adopted in 2000 contemplates coordination between
County and District regarding establishing a location for an additional elementary school on property owned by
the County in La Pine within the Newberry Neighborhood/Neighborhood Planning Area; and
WHEREAS, Deschutes County Code Chapter 18.61.050 allows park and ride facilities, schools, or park and
playgrounds in Community Facility Limited zones; and
WHEREAS, Deschutes County Code Chapter 18.61.050(K)(4)(g)(4) states "A maximum of 15 acres in the
northwest section of Quadrant 4a may be zoned Community Facility Limited;" and
WHEREAS, Deschutes County Comprehensive Plan states that the County shall "dedicate land in the
Community Facility Limited District that is suitable for a school site at a cost that reflects the prorata share of
land purchase and infrastructure development;" and
WHEREAS, County's cost of land purchase was and the District agrees to pay $1,251/acre ; and
WHEREAS, the public approved a school bond that will pay for the construction of a new elementary school
with construction to begin in 2009; and
WHEREAS, it is in the public interest to use public funds to construct infrastructure, roads, water, and sewer
lines with public funds only after the property has been conveyed to the District; and
Page 1 of 9 - CONTRACT FOR SALE / INTERGOVERNMENTAL AGREEMENT BETWEEN BEND -LA
PINE SCHOOLS and DESCHUTES COUNTY For The Sale of Land For New Elementary School in
Neighborhood Planning Area of La Pine, Oregon - Deschutes County Contract No. 2009-085
WHEREAS, the District will construct two twelve -inch waterlines to construct an elementary school; and
WHEREAS, the two twelve inch waterlines will also serve properties within Neighborhoods 3 and 4 of the
Newberry Neighborhood/Neighborhood Planning Area, and
WHEREAS, both County and District find it beneficial to enter into this agreement in order to coordinate the
sale and conveyance of property to the District to allow for construction of an elementary school;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, which are the
whole consideration, it is mutually agreed as follows:
1. DEFINITIONS
1.1 "Neighborhood" refers to the Neighborhood Planning, Area designations described in the
Deschutes County Comprehensive Plan in Deschutes County Code ("DCC") Chapter 23.40 and
shown in Figure 11 "Neighborhood Planning Area Quadrant Plan". See Exhibit A, attached and
incorporated by reference herein.
1.2 "Neighborhood Planning Area" means the four neighborhoods divided into four quadrants in
Deschutes County Comprehensive Plan Chapter 23.40 Figure 11. See Exhibit A.
1.3 "Partition Plat" means the plat approved in MP 08-21 that will, once recorded, create the 15
acre School Property (defined below).
1.4 "Planning Designation" means the Deschutes County Comprehensive Plan Designation in
Chapter 23.40 and zoning designation described in Deschutes County Code section 18.61.050.
1.5 "Quadrant 4a" is the northwestern quadrant of Neighborhood 4 that has an approved Quadrant
Plan from Deschutes County QP- 08-1. See Exhibit B, attached and incorporated by reference
herein.
1.6 "Quadrant Plan" is required by Deschutes County Code Chapter 18.61 and provides the location
ties,roads, open space and Planning Designations.
1. "School Property" is a 15 acre parcel zoned Community Facility Limited located in
Neighborhood 4 and shown on Exhibit C, attached and incorporated by reference herein, as
Parcel 2.
2. EFFECTIVE=DATE/DURATION
2.1 This Agreement is effective upon signatures of all parties.
2.2 This Agreement terminates when the Statement of Work in Section 4 of this Agreement is
complete.
3. PURPOSE
3.1 The purpose of this Agreement is to specify the land use actions required and to set forth the
terms of sale of the School Property.
4. STATEMENT OF WORK
Page 2 of 9 - CONTRACT FOR SALE / INTERGOVERNMENTAL AGREEMENT BETWEEN BEND -LA
PINE SCHOOLS and DESCHUTES COUNTY For The Sale of Land For New Elementary School in
Neighborhood Planning Area of La Pine, Oregon - Deschutes County Contract No. 2009-085
4.1 County agrees to:
4.1.1 Authorize County Administrator, Dave Kanner, to sign all licenses and easements
necessary for the construction of utilities to the School Property across Neighborhood 3
and 4.
4.1.2 Allow the release of the building permit prior to the recording of the Partition Plat and
allow construction to begin at District's own risk.
4.1.3 Allow the recording of the Partition Plat, Exhibit C, attached and incorporated by
reference prior to completion of all improvements required in MP 08-21.
4.1.3.1 Improvements shall be constructed within one year of the recording of the
Partition Plat.
...........
4.1.3.2 The County accepts this Agreement as the appropriate 1thji...tc vement Agreement
and financial security required by DCC 17.24.120, and 17.24.30.
4.1.4 Dedicate right of way for:
4.1.5
4.1.4.1 The two local roads adjacent to School Property as shown on the Partition Plat;
and
4.1.4.2 Right of way required to make Burgess Road right of way 40 feet from
centerline (a dedication of 23 feet).
Sell the School Property to Distriet'for its costs of $1,251 per acre, which totals $18,765
(for 15 acres).
4.1.5.1 County shall convey the School Property by Bargain and Sale Deed.
4.1.5.2 Count agrees that the closing shall occur at Western Title & Escrow Co.
3 County shall provide title insurance.
4.1.5.4 The cost of escrow shall be shared equally between County and District.
1.6 Close the.s`ale of the School Property as soon as possible after the recording of the
Partition Plat, Exhibit C, creating the School Property.
4.1.7 When the County conveys any property within Neighborhoods 3 and 4, it shall include
adeed restriction in substantially the following form:
Prior to the recording of any final partition plat or subdivision plat of this
property, The District shall provide County proof of payment to Bend -La Pine
Schools of the reimbursement due for construction of the water lines in
Neighborhoods 3 and 4 pursuant to the agreement recorded in the Deschutes
County Official Records as instrument setting forth the
methodology for such reimbursement..
Page 3 of 9 - CONTRACT FOR SALE / INTERGOVERNMENTAL AGREEMENT BETWEEN BEND -LA
PINE SCHOOLS and DESCHUTES COUNTY For The Sale of Land For New Elementary School in
Neighborhood Planning Area of La Pine, Oregon - Deschutes County Contract No. 2009-085
4.1.8 The methodology for determining the reimbursement costs for Section 4.1.7 shall be as
follows:
4.1.8.1 The total cost per acre will be determined using the following formula:
Total Cost /Total Acres = Total Cost/Acre
4.1.8.2 The total estimated cost for these improvements is $967,267.00 and the total
number of acres is 342.15.
4.1.8.3 The estimated cost per acre is $2,827.00.
4.1.8.4 Upon completion of the construction of the water line, the District shall submit
to the County the actual cost of construction of the water line
4.1.8.5 Upon written approval by the County of the actual water line construction
costs, those actual costs will be the amount used to determine the total cost per
acre.
4.1.8.6 The County will not unreasonably withhold approval of the waterline actual
contraction costs.
4.1.8.7 The owner of any lot or parcel in Neighborhoods 3 and 4 will be required to pay
to Bend -La Pine Schools the cost per acre amount regardless of the zoning for
that particular lot or parcel.
4.2 District agrees to
4.2 .1 At closing, pay County $18,765 for the School Property to be created by the recording
the PartitionPlat shown in Exhibit C.
4.2.2 Act as representative for County for all land use applications required prior to the
conveyance of the School Property to District and pay all land use application fees for
required those land use actions.
4.2.3 Perform engineering and surveying to determine property boundaries for the School
Property.
4,2,4 District and any general contractor agree at a minimum to assume all risks associated
with proceeding before building permits are issued, agree to call for required
inspections under the applicable building code and to correct any construction
deficiencies noted, agree to take remedial action, including but not limited to removal
of construction work, in the event that the plans submitted for approval are ultimately
not approved by the Community Development Department, and to defend and
indemnify the County for any damage suffered by reason of commencing and
undertaking construction under DCC 15.04.110.
4.2.5 Record Partition Plat on or before October 13, 2010. See Exhibit C.
Page 4 of 9 - CONTRACT FOR SALE / INTERGOVERNMENTAL AGREEMENT BETWEEN BEND -LA
NNE SCHOOLS and DESCHUTES COUNTY For The Sale of Land For New Elementary School in
Neighborhood Planning Area of La Pine, Oregon - Deschutes County Contract No. 2009-085
4.2.6 Construct roads, sewer and water lines shown on the Partition Plat to serve the School
Property within one year of the date the Partition Plat is recorded pursuant to DCC
17.24.120.
4.2.7 After construction 'of roads shown on the Partition Plat, record a road maintenance
Agreement in substantially the same form as Exhibit D, attached and incorporated by
reference herein, to maintain the roads until the City of La Pine Road Department is
funded for road maintenance.
4.2.8 Construct the first two classroom wings of a prototypical elementary school on the
School Property as approved in SP 08-26.
4.2.9 Provide final invoices to County for the cost to constrict -the 12" water lines that serve
Neighborhood 3 and 4.
4.2.10 As soon as possible upon completion of the water line construction, provide the County
with written confirmation of the District's actual construction costs.
4.2.11 Should the parties fail to close the sale of the School Property to the District by October
30, 2010, upon written request of the County, the District, its successors and assigns
agree to promptly remove, relocate, or reconstruct any and all improvements
constructed or maintained within or upon the School Property area in a manner
acceptable to the County
4.2.12 All costs, expenses or charges attributable to the removal, relocation or reconstruction
of any improvements or related facilities shall be the exclusive obligation of the
District.
4.2.13 Said obligations shall run with the land.
5. ASSIGNMENT
5.1 Neither 's Agreement nor any of the rights granted by this Agreement may be assigned or
transferred.by either party:;,
INDING EFFECT
...........
6.1 ' " The terms of this Agreement shall be binding upon and inure to the benefit of each of the parties
and each of their respective administrators, agents, representatives, successors and assigns.
7. AGENCY AND PARTNERSHIP
7.1 It is agreed by and between the parties that District 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
District delivers services under this agreement and does not exercise control over the activities
of County when providing agreed upon services.
7.2 Neither party is, by virtue of this Agreement, a partner or joint venturer 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.
Page 5 of 9 - CONTRACT FOR SALE / INTERGOVERNMENTAL AGREEMENT BETWEEN BEND -LA
PINE SCHOOLS and DESCHUTES COUNTY For The Sale of Land For New Elementary School in
Neighborhood Planning Area of La Pine, Oregon - Deschutes County Contract No. 2009-085
NON-DISCRIMINATION
8.1 Each party agrees that no person shall, on the grounds of race, color, creed, national origin, sex,
sexual orientation, marital status, or age, suffer discrimination in the performance of this
agreement when employed by either party.
8.2 Each party agrees to comply with Title VI of the Civil Rights Act of 1964, with Section V of the
Rehabilitation Act of 1973, and with all applicable requirements of federal and state civil rights
and rehabilitation statutes, rules and regulations.
8.3 Additionally, each party shall comply with the Americans with Disabilities Act of 1990 (Pub. L.
No. 101-336), ORS 659.425, and all regulations and administrative rules established pursuant to
those laws.
9. ATTORNEY FEES
9.1 In the event an action, lawsuit or proceeding, including appeal there from, is brought for failure
to fulfill or comply with any of the terms of this agreement, each party shall be responsible for
their own attorney fees, expenses, costs and disbursements for said action, lawsuit, proceeding
or appeal.
10. NO WAIVER OF CLAIMS
10.1 The failure by any party to enforce any provision of this Agreement shall not constitute a waiver
by that party of that provision or of any other provision of this Agreement.
11. SEVERABILITY
Should any, provision or provisions of this Agreement be construed by a court of competent
jurisdiction to be void, invalid or unenforceable, such construction shall affect only the
provision or provisions so construed, and shall not affect, impair or invalidate any of the other
provisions of this Agreement which shall remain in full force and effect.
12. READINGS
12.1 The headings of this Agreement are for convenience only and shall not be used to construe or
interpret any provisions of this Agreement.
13. INCORPORATION OF RECITALS
13.1 The recitals set forth above are hereby incorporated into and made a part of this Agreement.
14. APPLICABLE LAW
14.1 This Agreement shall be governed by and interpreted in accordance with the laws of the State of
Oregon.
15. ENTIRE AGREEMENT
15.1 This Agreement constitutes the entire Agreement between the parties concerning the subject
matter hereof, and supersedes any and all prior or contemporaneous agreements or
Page 6 of 9 - CONTRACT FOR SALE / INTERGOVERNMENTAL AGREEMENT BETWEEN BEND -LA
PINE SCHOOLS and DESCHUTES COUNTY For The Sale of Land For New Elementary School in
Neighborhood Planning Area of La Pine, Oregon - Deschutes County Contract No. 2009-085
understandings between the parties, if any, whether written or oral, concerning the subject
matter of this Agreement that are not fully expressed herein.
15.2 This Agreement may not be modified or amended except by a writing signed by both parties.
16. AS IS.
16.1 The District agrees that all deeds are bargain and sale deeds pursuant to OR 93.860, and
conveyance shall be subject to any and all encumbrances of record or apparent upon the land.
16.2 The County makes no representations or warranties regarding the possible use of any property
offered for sale, the quality of title passed, the physical condition of the real property sold or
any defect therein.
16.3. The District represents:
16.3.1 that it has accepted and executed this Agreement on the basis of the District's own
examination and personal knowledje of the School Property;
16.3.2 that the County and the County's agents have made no representations, warranties, or
other agreements concerning matters relating to the property;
16.3.3 that the County and the County's agents have made no agreement or promise to alter,
repair, or improve the School Property; and
16.3.4 that the District takes the School Property in the condition, known or unknown, existing
at the time of this Agreement, "AS +IS "
16.4 Further, the District acknowledges that, based upon the District's own inspection and
investigation, the District is satisfied that the premises do not now contain any amounts of
hazardous, toxic, radioactive or other substances for which a property owner or operator may be
liable under state -or federal environmental pollution or health and safety laws.
16.4.1 Accordingly, the District agrees that, as between the County and the District, the
District will assume responsibility and liability and shall indemnify, defend and hold
the County, its officers, agents and employees, harmless from and against any claims,
demands, causes of action or suits for damages, reimbursement or any other cost of
compliance, including, but not limited to, remedial action costs, removal costs, natural
resources damages, penalties, punitive damages, interest costs, attorney fees and
damages of any kind to third parties, arising from the discharge, release or threatened
release on or in the premises of any hazardous, toxic or radioactive substances
occurring during the term of this Agreement or any extension thereof.
16.4.2 For the purposes of this section, any release of hazardous substances discovered on the
premises during the term of this easement shall be deemed to have occurred during
periods for which the District is responsible.
16.4.2 The District covenants to report, contain and remove in conformance with
applicable state and federal law any releases of hazardous, toxic, radioactive or
other substances regulated under state or federal pollution control laws that are
found on or in the premises during the term of this easement or any releases of such
Page 7 of 9 - CONTRACT FOR SALE / INTERGOVERNMENTAL AGREEMENT BETWEEN BEND -LA
PINE SCHOOLS and DESCHUTES COUNTY For The Sale of Land For New Elementary School in
Neighborhood Planning Area of La Pine, Oregon - Deschutes County Contract No. 2009-085
materials found off the premises that originated from the premises during the
easement term and to be responsible for the cost of removal of such substances.
16.5 The District's obligations, responsibilities and liabilities of this section are continuing
obligations, responsibilities and liabilities and shall not be extinguished by termination of this
Agreement or merger with the deed or its recordation in the official records.
16.6 Finally, the District acknowledges that the County is exempt under ORS 105.470 from the
Seller's Disclosure Statement requirements of ORS 105.452 to 105.490 because the
sale/transfer of the property is by a governmental agency.
[Signatures on the Next Page]
Page 8 of 9 - CONTRACT FOR SALE / INTERGOVERNMENTAL AGREEMENT BETWEEN BEND -LA
PINE SCHOOLS and DESCHUTES COUNTY For The Sale of Land For New Elementary School in
Neighborhood Planning Area of La Pine, Oregon - Deschutes County Contract No. 2009-085
COUNTY:
DATED this of 2009 BOARD OF COUNTY COMMISSIONERS
ATTEST:
Recording Secretary
STATE OF OREGON, County of Deschutes) ss.
Before me, a Notary Public, personally appeared, TAMMY BANEY, DENNIS R. LUKE and ALAN UNGER,
the above-named Board of County Commissioners of Deschutes County, Oregon and acknowledged the
foregoing instrument on behalf of Deschutes County, Oregon.
TAMMY BANEY, CHAIR
DENNIS R. LUKE;
VICE CHAIR
ALAN UNGER, COMMISSIONER
DATED this day of , 2009.-
DISTRICT:
009.
DISTRICT:
Notary Publie=for Oregon
My Commission Expires:
JOHN M. REXFORD,
Deputy Superintendent, Operations
STATE OF OREGON, County of Deschutes) ss.
Before me, a Notary Public, personally appeared John M. Rexford, Deputy Superintendent, Operations for the
Bend -La Pine Schools, and acknowledged the foregoing instrument on behalf of the District.
DATED this day of , 2009.
Notary Public for Oregon
My Commission Expires:
Page 9 of 9 - CONTRACT FOR SALE / INTERGOVERNMENTAL AGREEMENT BETWEEN BEND -LA
PINE SCHOOLS and DESCHUTES COUNTY For The Sale of Land For New Elementary School in
Neighborhood Planning Area of La Pine, Oregon - Deschutes County Contract No. 2009-085
Neighborhood'
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11
Exhibit A
WATER AND SEWER LAYOUT
FOR QUADRANT 4A
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NEW IA PINE ELEMENTARY SCHOOL
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TENTATIVE PARTITION PLAN OF LOT 7, NEWBERRY NEIGHBORHOOD NO. 2
LOCATED IN THE NORTHWEST QUARTER (NW1/4) AND THE SOUTHWEST QUARTER (SWI/4)
OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 10 EAST,
WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON
MAY, 2008
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REVIEWED
LEGAL COUNSEL
For Recording Purposes Only
ROAD MAINTENANCE AGREEMENT
This Agreement is entered into this day of , 2009 by and between Bend -La Pine
Schools, an Oregon School District ("District") and Deschutes County, a political subdivision of the
State of Oregon ("County").
RECITALS
WHERAS, Reese Street and Pine Street, shown on Partition Plat recorded at
(the "Roads") have been constructed to Deschutes County's road standards and
have been dedicated to Deschutes County; and
WHEREAS, the County will not accept the maintenance responsibility for any new roads in the
County; and
WHEREAS, the District needs the Roads to access the new La Pine Elementary School site and will
therefore maintain the Roads until the City of La Pine Road Department is funded for road
maintenance within the City of La Pine; and
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
which are the whole consideration, it is mutually agreed as follows:
1. District agrees to maintain and repair the Roads.
2. The County shall have no responsibility to maintain and repair the Roads.
3. Prior to performing maintenance or repair of the Roads within the public right of way,
District shall obtain a permit for working in a public right of way from Deschutes County's
Road Department.
4. If the County is required to do maintenance or repair of the Roads due to the non compliance
with this Agreement, District shall be responsible for all reasonable expenses incurred by the
County.
5. Prior to the County performing maintenance or repair of the Roads, the County shall provide
District with a forty five (45) day written notice and time to remedy.
6. District shall be responsible for any and all losses or injury to any or all persons on the Roads
caused directly or indirectly by the presence of the Roads or by reason of any and all
activities by District in the performance of this Agreement.
Page 1 of 4 — Exhibit D to Deschutes County Contract No. 2009-085 - Road Maintenance
Agreement — Deschutes County Contract No. 2009-084
7. ASSIGNMENT
7.1 Neither this Agreement nor any of the rights granted by this Agreement may be
assigned or transferred by either party.
BINDING EFFECT
8.1 The terms of this Agreement shall be binding upon and inure to the benefit of
each of the parties and each of their respective administrators, agents,
representatives, successors and assigns.
9. AGENCY AND PARTNERSHIP
9.1 It is agreed by and between the parties that District is not carrying out a function
on behalf of County, and County does not have the right of direction or control of
the mariner in which District delivers services under this agreement and does not
exercise control over the activities of County when providing agreed upon
services.
9.2 Neither party is, by virtue of this Agreement, a partner or joint venturer 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.
10. NON-DISCRIMINATION
10.1 Each party agrees that no person shall, on the grounds of race, color, creed,
national origin, sex, sexual orientation, marital status, or age, suffer
discrimination in the performance of this agreement when employed by either
party.
10.2 Each party agrees to comply with Title VI of the Civil Rights Act of 1964, with
Section V of the Rehabilitation Act of 1973, and with all applicable requirements
of federal and state civil rights and rehabilitation statutes, rules and regulations.
10.3 Additionally, each party shall comply with the Americans with Disabilities Act of
1990 (Pub. L. No. 101-336), ORS 659.425, and all regulations and administrative
rules established pursuant to those laws.
11. ATTORNEY FEES
11.1 In the event an action, lawsuit or proceeding, including appeal there from, is
brought for failure to fulfill or comply with any of the terms of this agreement,
each party shall be responsible for their own attorney fees, expenses, costs and
disbursements for said action, lawsuit, proceeding or appeal.
Page 2 of 4 — Exhibit D to Deschutes County Contract No. 2009-085 - Road Maintenance
Agreement — Deschutes County Contract No. 2009-084
12. NO WAIVER OF CLAIMS
12.1 The failure by any party to enforce any provision of this Agreement shall not
constitute a waiver by that party of that provision or of any other provision of this
Agreement.
13. SEVERABILITY
13.1 Should any provision or provisions of this Agreement be construed by a court of
competent jurisdiction to be void, invalid or unenforceable, such construction
shall affect only the provision or provisions so construed, and shall not affect,
impair or invalidate any of the other provisions of this Agreement which shall
remain in full force and effect.
14. HEADINGS
14.1 The headings of this Agreement are for convenience only and shall not be used to
construe or interpret any provisions of this Agreement.
15. INCORPORATION OF RECITALS
15.1 The recitals set forth above are hereby incorporated into and made a part of this
Agreement.
16. APPLICABLE LAW
16.1 This Agreement shall be governed by and interpreted in accordance with the laws
of the State of Oregon.
17. ENTIRE AGREEMENT
17.1 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 that are not fully expressed
herein.
17.2 This Agreement may not be modified or amended except by a writing signed by
both parties.
[Signatures on the Next Page]
Page 3 of 4 — Exhibit D to Deschutes County Contract No. 2009-085 - Road Maintenance
Agreement — Deschutes County Contract No. 2009-084
COUNTY:
DATED this of , 2009 BOARD OF COUNTY COMMISSIONERS
ATTEST:
TAMMY BANEY, CHAIR
DENNIS R. LUKE, CHAIR, VICE CHAIR
Recording Secretary ALAN UNGER, COMMISSIONER
STATE OF OREGON, County of Deschutes) ss.
Before me, a Notary Public, personally appeared, TAMMY BANEY, DENNIS R. LUKE and ALAN
UNGER, the above-named Board of County Commissioners of Deschutes County, Oregon and
acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED this
2009.
DISTRICT:
day of
Notary Public for Oregon
My Commission Expires:
JOHN M. REXFORD,
Deputy Superintendent, Operations
STATE OF OREGON, County of Deschutes) ss.
Before me, a Notary Public, personally appeared John M. Rexford, Deputy Superintendent, Operations
for the Bend -La Pine Schools, and acknowledged the foregoing instrument on behalf of the District.
DATED this
2009.
day of
Notary Public for Oregon
My Commission Expires:
Page 4 of 4 — Exhibit D to Deschutes County Contract No. 2009-085 - Road Maintenance
Agreement — Deschutes County Contract No. 2009-084