HomeMy WebLinkAboutDoc 510 - TetherowDeschutes 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 WORK SESSION of September 16, 2009
Please see directions for completing this document on the next page.
DATE: September 14, 2009
FROM: Anthony Raguine Community Development Department
617-4739
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2009-510, an amendment to Improvement
Agreement no. IA -07-6, for overnight accommodations at the Tetherow Destination Resort.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
On September 9, 2009, the Board of County Commissioners (Board) approved an amendment to
Improvement Agreement (Agreement) IA -07-6 to extend the completion date of the required overnight
accommodations for one (1) year to September 24, 2010. The Board also approved a change to the
Agreement to allow the applicant, Arrowood Development, LLC, to change the form of the securit
from a bond to an Irrevocable Letter of Credit (ILOC). The amendment given to the Board included a
reference to the bond. The Board approval to change the form of the security to an ILOC has
necessitated a revision of the amendment to reference the ILOC. Attached to this agenda is the rev ised
amendment. The ILOC, a draft of which will be presented at the Boad Business Meeting, will be
stamped as Exhibit E. It has been reviewed and approved by Legal Counsel and will be given to the
Board at the meeting on September 16, 2009.
FISCAL IMPLICATIONS:
The same as described in the previous memo from Laurie Craghead, Assistant Legal Counsel.
RECOMMENDATION & ACTION REQUESTED:
Board signature of Document No. 2009-510, an amendment to Improvement Agreement no. IA -0 -6,
for overnight accommodations at the Tetherow Destination Resort.
ATTENDANCE: Anthony Raguine
DISTRIBUTION OF DOCUMENTS:
Original to Anthony Raguine to give to the applicant for recording in the Deschutes County Official
Records with instructions to the Clerk to also record it in the Commissioners Journals as well as ti �e
deed records.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
AMENDMENT NO. 3 TO IMPROVEMENT AGREEMENT
Overnight Lodging
Deschutes County Document No. 2007-380
That certain Improvement Agreement, Deschutes County Document No. 2007-380, ("Agreement"), oy
and between DESCHUTES COUNTY, OREGON, a political subdivision of the State of Oregon
("County") and ARROWOOD DEVELOPMENT, LLC, ("Developer"), dated August 29, 2007, together
with Amendment No. 1 to Improvement Agreement No. 2007-380, Deschutes County Document No.
2007-493, and Amendment No. 2 to Improvement Agreement No. 2007-380, Deschutes County
Document No. 2008-576, is amended as set forth below, effective upon signature of all parties. All
other provisions of the Agreement remain the same and in full force.
3. Exhibits. The Exhibits listed below and attached to this Amendment No. 3 are hereby
incorporated herein by reference as a part of the Agreement and supplement that Exhibit D
attached to Amendment No. 2 to Improvement Agreement — Overnight Lodging, 2008-576.
3.4. Exhibit E - Security Wells Fargo Irrevocable Letter of Credit No. NZS
5. Construction of Overnight Lodging Required Improvements.
5.3 Developer shall cause the Required Improvement to be inspected by and receive final
written construction approval from County and/or the State of Oregon not later than two
(2) years from the date the Tetherow Phase 1 Final Plat is recorded with County Clerk
("Completion Date"). This date is hereby extended by one year, resulting in a new
Completion Date of September 24, 2010.
SIGNATURES ON FOLLOWING PAGES
1 — Amendment No. 3 to Improvement Agreement — BOCC Document No. 2009-510
PDX/ 113 803 / 144 541 /TML/5093 86 5.1
Dated this of , 2009 BOARD OF COUNTY COMMISSIONERS
ATTEST:
Recording Secretary
STATE OF OREGON )
) ss.
County of Deschutes )
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE -CHAIR
ALAN UNGER, COMMISSIONER
Before me, a Notary Public, personally appeared TAMMY BANEY, DENNIS R. LUKE, and ALAN
UNGER and the above-named Board of County Commissioners of Deschutes County, Oregon and
acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED this day of , 2009.
Notary Public for Oregon
My Commission Expires:
DEVELOPER:
Dated this of , 2009.
ARROWOOD DEVELOPMENT, LLC
By:
Its:
STATE OF OREGON )
) ss
County of Deschutes )
Before me, a Notary Public, personally appeared the foregoing instrument as
of Arrowood Development, LLC. And acknowledged
DATED THIS - day of , 2009.
Notary Public for Oregon
My Commission Expires:
2 — Amendment No. 3 to Improvement Agreement — BOCC Document No. 2009-510
PDX/113803/144541/TML/5093865.1