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HomeMy WebLinkAboutDoc 489 - Lease - SO at BrookswoodDeschutes 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 16,2013 DATE: August 28, 2013 FROM: Darryl Nakahira, Legal Counsel, Sheriffs Office Phone # 541-617-3369 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document 2013-489, a lease renewal between Deschutes County and Brookswood Meadow, LLC. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: This is a renewal of the original lease between Deschutes County (Tenant) and Brookswood Meadow, LLC (Landlord). The lease provides 1,254 sq ft of office space without charge to the Sheriffs Office in the Brookswood Meadow Plaza, a shopping center located in south Bend. FISCAL IMPLICATIONS: There is no charge for the lease of the office space. RECOMMENDATION & ACTION REQUESTED: It is requested that the Deschutes County Commissioners sign the lease. ATTENDANCE: Darryl Nakahira, Legal Counsel, Sheriffs Office DISTRIBUTION OF DOCUMENTS: Email of call Pat Davis, Sheriffs Office Legal Assistant, x3367, when ready for pick up. I I f \ DESCHU"rES COUNTY DOCUMENT SUMMARY Date: August 28, 2013 Department: Sheriffs Office Contractor/Supplier/Consultant Name: Brookswood Meadow, LLC Contact: Travis Lovejoy Phone #: 541-585-2573 Type of Document: Commercial lease renewal between Deschutes County (Tenant) and Brookswood Meadow, LLC (Landlord). Goods and/or Services: Document 2013-489 is a lease renewal that provides 1,254 square feet of office space to the Sheriffs Office in the Brookswood Meadow Plaza, a shopping center located in south Bend. There is no charge to the County or Sheriffs Office for the space. Background & History: The initial lease agreement between Deschutes County and Brookswood Meadow, LLC was signed in 2010 and has expired. This is a lease renewal. Agreement Starting Date: August 1, 2013 Ending Date: July 31,2015 Annual Value or Total Payment: No charge to Deschutes County o Insurance Certificate Received (check box) Insurance Expiration Date: N/A Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K) ~ Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) 2.37.070(B)(14) Funding Source: (Included in current budget? 0 Yes ~ No If No, has budget amendment been submitted? 0 Yes r8J No Is this a Grant Agreement providing revenue to the County? 0 Yes ~ No Departmental Contact and Title: Darryl Nakahira, Legal Counsel, Sheriffs Office Phone #: 541-617-3369 Sheriff's Approval: ------,~~--If-V--f--r.~---~-r-gate Distribution of Document: Email or call Pat Davis, Sheriffs Office Legal Assistant, x3367, when document is ready for pick up. Official Review: County Signature Required (check one): k3J SOCC D Department Director (if <$25K) D Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. ) Legal Review ~~Date a (¢,~I ~;.. Document Number 2013-489 AMENDMENT NO.1 TO COMMERCIAL LEASE aitI THIS FIRST AMENDMENT TO LEASE (this "Amendment") is entered into effective as of the I--day of August, 2013, by and between BROOKS WOOD MEADOW, LLC, an Oregon limited liability company ("Landlord"), and Deschutes County ("Tenant"). All capitalized terms not otherwise defined herein have the meanings ascribed to them in the Lease (as defined below). RECITALS WHEREAS, Landlord and Tenant entered into that certain Commercial Lease dated February 9, 2010, for the premises described in the Lease (the "Premises"), which are part of that certain real property located at 19570 Amber Meadow Drive, Suite 160, Bend, Oregon 97702 and commonly known as Brookswood Meadow Plaza (the "Shopping Center"); WHEREAS, Tenant desires to adjust the term of this Lease; WHEREAS, the parties hereto desire to set forth in full herein the terms and conditions of their agreements and understandings; AGREEMENT NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Lease Term. The Term of this Lease shall be extended from August 9, 2013 to August 31,2015. 2. Restrictions on Use. Section 3.2.3 shall be amended by deleting the words "Brookswood Blvd." in the last sentence and replacing it with the words "Amber Meadow Dr." 3. Remaining Terms and Conditions; No Other Amendments. Except as modified herein, the terms and conditions of the Lease are unchanged and shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned have caused this Lease to b date first set forth above. LANDLORD: TENANT: Brookswood Meadow, LLC, Board of County Commissioners For an Oregon limited liability company Deschutes County, Oregon By:~,-~____~-.________ Alan Unger, Chair Vice President By: _____________________ATTEST: Tammy Baney, Vice Chair By: __~--______------,_~- Recording Secretary Anthony DeBone, Commissioner Board of County Commissioners For AMENDMENT NO.1 TO COMMERCIAL LEASE a1h THIS FIRST AMENDMENT TO LEASE (this "Amendment") is entered into effective as of the -1-day of August, 2013, by and between BROOKSWOOD MEADOW, LLC, an Oregon limited liability company ("Landlord"), and Deschutes County ("Tenant"). All capitalized terms not otherwise defined herein have the meanings ascribed to them in the Lease (as defined below). RECITALS WHEREAS, Landlord and Tenant entered into that certain Commercial Lease dated February 9, 2010, for the premises described in the Lease (the "Premises"), which are part of that certain real property located at 19570 Amber Meadow Drive, Suite 160, Bend, Oregon 97702 and commonly known as Brookswood Meadow Plaza (the "Shopping Center"); WHEREAS, Tenant desires to adjust the term of this Lease; WHEREAS, the parties hereto desire to set forth in full herein the terms and conditions of their agreements and understandings; AGREEMENT NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Lease Term. The Term of this Lease shall be extended from August 9, 2013 to August 31,2015. 2. Restrictions on Use. Section 3.2.3 shall be amended by deleting the words "Brooks wood Blvd." in the last sentence and replacing it with the words "Amber Meadow Dr." 3. Remaining Terms and Conditions; No Other Amendments. Except as modified herein, the terms and conditions of the Lease are unchanged and shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned have caused this Lease t date first set forth above. LANDLORD: TENANT: Brookswood Meadow, LLC, an Oregon limited liability company Deschutes County, Oregon By: _f~-;--b"'~-L-~---bI'--'__ Travis Lovejoy Vice President ATTEST: Recording Secretary I , By:~~________~~______ Alan Unger, Chair By: ________________~----_ I Tammy Baney, Vice Chair By:-r.~~~=v~~~~~~Anthony DeBone, Commiss1oner