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MEDLIN Johnny R From: RINER Andrea G Sent: Tuesday, August 28, 2001 12:52 PM To: WEISS Carolyn J; RHAY Tim W Cc: MEDLIN Johnny R Subject: BMX Issue re: ORS 275 -330 Here's the text of the ORS referred to in our lease with BMX (obviously relates to original lease with County). Specifically, the lease states that the leasee is required to get our approval of any sublease in compliance with this ORS. It does seem to indicate that the entity needs to be a nonprofit. 275.330 Conveyance of county forests, parks or recreational areas; agreements to manage timber. (1) Upon the entry of an order by the county governing body setting aside the real property for county forest, public park or recreational area, the lands shall be set apart for such use. Thereafter such lands may not be alienated by the county governing body for any purpose unless authorized by a majority of the electors of the county in a regular or special election, except that: (a) In counties having 450,000 population or over according to the latest federal decennial census: (A) The lands may be sold and conveyed by the county governing body if it considers the sale to be in the best interests of the county; or (B) The lands may be conveyed without payment or compensation for park and recreational purposes to any public educational institution, park and recreation district, service district formed under ORS chapter 451 to provide and maintain park and recreational facilities or nonprofit corporation organized under the laws of the State of Oregon for as long as the lands so conveyed are used for such purposes. Any lands conveyed under this subparagraph shall automatically revert to the county if the lands are not used for such purposes or if the institution, district or corporation to which the lands are conveyed is dissolved. However, lands conveyed under this subparagraph to a nonprofit corporation which is organized for the purpose of promoting the preservation of park and recreational areas may be conveyed without restriction subject to prior approval of the county court. When lands are conveyed under this subparagraph, the county shall be relieved from any obligation to account for the payment of any taxes, liens or assessments that may have been levied against the lands by any taxing agency, district or municipality authorized to levy against any of the lands. (b) The county governing body of any county may convey the lands to the state, an incorporated city, a park and recreation district or the United States Government for public use. The conveyance may be made without the payment of compensation, and when so made the county shall be relieved from any obligation to account for the payment of any taxes, liens or assessments that may have been levied against the lands by any taxing agency, district or municipality authorized to levy taxes against any of the lands.