HomeMy WebLinkAboutDoc 450 - License to Use County PropertyOJ. ....... ... tl. UJ .J, a -<DI.........."(..:.sO.....•• Deschutes 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 July 11,2012 Please see directions for completing this document on the next page. DATE: July 3,2012 FROM: Teresa Rozic Property & Facilities 541-385-1414 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document 2012-450, a License between Deschutes County and Darcie Davis and Anthony Santopolo. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: Darcie Davis and Anthony Santopol0, doing business as Glazed and Amused Doughnuts, operate a mobile food unit and wish to locate in the space outside the county-owned building at 67 NW Greenwood A venue, Bend. Their proposal is to provide food and non-alcoholic beverages from a Class IV food truck Tuesday through Saturday, 7:00 am 2:00 pm and evenings when there are concerts in the adjacent building. The rental rate is typical in the City of Bend for mobile food units when the landowner does not provide utilities. The presence of this business should discourage vandalism to the building. FISCAL IMPLICATIONS: Annual rental payment is $1,800.00. RECOMMENDATION & ACTION REQUESTED: Staff recommends Board signature of Document 2012-450. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: One original to Teresa Rozic for the Licensee. t I DESCHUTES 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: 107/03/20121 Department: IProperty & Facilities Contractor/Supplier/Consultant Name: Darcie Davis and Anthon Santo 010 Contractor Contact: IDarcie Davi~ Contractor Phone #: 541-480-5574 Type of Document: License Goods and/or Services: NIA Background & History: Darcie Davis and Anthony Santopolo, dOing business as Glazed and Amused Doughnuts, operate a mobile food unit and wish to locate in the space outside the county-owned building at 67 NW Greenwood Avenue, Bend. Their proposal is to provide food and non-alcoholic beverages from a Class IV food truck Tuesday through Saturday, 7:00 am -2:00 pm and evenings when there are concerts in the adjacent building. The rental rate is typical in the City of Bend for mobile food units when the landowner does not provide utilities. The presence of this business should discourage vandalism to the building. Agreement Starting Date: 108/01/20121 Ending Date: 107/31/20131 Annual Value or Total Payment: 1$1,800.001 Licensee will provide proof of liability insurance upon the effective date. There are no employees at this time; they will be employed through an agency. Owners are not required to provide worker's compensation insurance for themselves. o Insurance Certificate ReCeiVjd (Che.ck box) 1Insurance Expiration Date: • N/A Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K)o Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) , I l N/A Funding Source: (Included in current budget? 0 Yes 0 No If No, has budget amendment been submitted? 0 Yes 0 No 7/3/2012 ____ Is this a Grant Agreement providing revenue to the County? 0 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: 0 Yes No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Teresa Rozic Phone #: 385-1414 Department Director Approval: -I-A=-~_---.:.iI~/_1._L--_ 7 / ? / dO (';;t-­ Signature Date Distribution of Document: One original to Teresa Rozic for the Licensee. Official Review: County Signature Required (check one): 0 SOCC Department Director (if <$25K) D Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. _____, Legal Review Date Document Number 2012-450 7/3/2012 Business Registry Business Name Search Page 1 of2 Business Registry Business Name Search 07-03-2012Nc)"SeJlfcit Business Entity Data 07-30- Registry Nbr Entity '{YJ2e Entity $tatu$ JYrisdjctign Reg istry Date Next Renewal Date Renewal Due? 866129-92 ABN ACT 06-27-2012 06-27-2014 Entity Name GLAZED AND AMUSED DOUGHNUTS Foreign Name Affidavit? N Associated Names Type ~PB PRINCIPAL PLACE OF BUSINESS Addr 1 67 NW GREENWOOD AVENUE Addr 2 CSZ IBEND lOR 197701 1 J country IUNITED STATES OF AMERICA The Authorized Representative address is the mailing address for this business. Type ~P AUTHORIZED REPRESENT A TIVE Start Date P6-27­ 2012 Resign Date Name DARCIE IANNEIOA VIS I I Addr 1 2207 NW AWBREY RD Addr 2 CSZ IBEND lOR 197701 1 I country IUNITED STATES OF AMERICA Type IREGIREGISTRANT I 1 Name DARCIE IANNEIOA VIS I I Addr 1 2207 NW AWBREY RD Addr 2 CSZ IBEND lOR 197701 I I Country IUNITED STATES OF AMERICA Type IREGIREGISTRANT 1 I Name !ANTHONY IJOHNISANTOPOLO 1 1 Addr 1 1003 NW BROOKS ST Addr 2 CSZ IBEND lOR 197701 I I Country IUNITED STATES OF AMERICA Business Entity Name Name T~~e Name lStatus Start Date End Date GLAZED AND AMUSED DOUGHNUTS EN CUR 06-27-2012 I f N~)L'earC_S h N arne IS ory l http://egov.sos.state.or. uslbr/pkg_ web_name _ srch_inq.show _ det1?p _be _fsn= 15 88670&p _ srce=BR... 7/3/2012 Business Registry Business Name Search Page 2 of2 Please read before ordering COJ>~s. N Sear~~ Summary H't~w h IS ory Image iAvaiiable Action !Transaction Date Effective Date StatY..!i Name/Agent Change Dissolved By APPLICATION FOR REGISTRATION 06-27-2012 FI Representative New S.~~arch ICounties Counties Filed Crook, Deschutes, Jefferson Counties Not Filed (but not necessarily available) ~aker, Benton, Clackamas, Clatsop, Columbia, Coos, Curry, Douglas, Gilliam, Grant, Harney, Hood River, Jackson, Josephine, Klamath, Lake, !Lane, Lincoln, Linn, Malheur, Marion, Morrow, Multnomah, Polk, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco, Washington, Wheeler, Yamhill © 2012 Oregon Secretary of State. All Rights Reserved. l http://egov.sos.state.or.uslbr/pkg_web_name _ srehjnq. show _ detl?p _ beJsn~1588670& P _sre","BR... 7/3/2012 1 REVIEWED LEGAL COUNSEL REVOCABLE LICENSE DESCHUTES COUNTY a political subdivision of the State of Oregon ("Licensor") hereby grants to DARCIE DAVIS and ANTHONY SANTOPOLO, dOing business as Glazed and Amused Doughnuts, ("Licensee"), a non-exclusive revocable license to use County real property, described as approximately Six Hundred Fifty (650) square feet of exterior paved space directly in front of the building located at 67 NW Greenwood Avenue, Bend, Oregon 97701, together with necessary ingress and egress for such space, referred to herein as "the Premises." RECITALS Deschutes County is willing to grant Licensee a non-exclusive, revocable license so that Licensee may use the Premises to operate a mobile food unit, as defined in Oregon Administrative Rules (OAR) 333-150-0000, 1-201.10(B)(48.1). NOW THEREFORE, this nonexclusive, revocable license is granted upon the following terms and conditions: 1. Term. The effective date of this License shall be August 1, 2012, or the date on which each party has signed this License, whichever is later, and shall continue until July 31, 2013 ("initial term"). Licensor and Licensee each reserve the right to terminate this License prior to its expiration with thirty (30) days written notice, given to the other party. If this License has not expired or terminated and Licensee is not in default under the terms of this License, Licensee shall have the option to renew this License for successive one-year terms on the following terms: a. Each renewal term shall commence on the day following the expiration date of the preceding term. b. Each renewal option, if exercised, shall be made by written notice delivered to Licensor not less than sixty (60) days prior to the expiration date of the expiring term. Licensor shall notify Licensee in writing within sixty (60) days of receipt of such notice whether Licensor agrees to allow the License to be renewed. Licensor's failure to notify Licensee of Licensor's decision shall be deemed acceptance of the renewal. c. The terms and conditions of this License for each renewal term shall be the same as the original term, except the rent for the renewal term, which shall be negotiated by Licensor and Licensee. If the parties are unable to agree on the rent for the renewal term, this License will terminate upon the expiration date. 10lh2. Rent. Licensee shall pay rent in advance by the day of each month for the preceding month or partial month. Rent shall be payable without notice or demand at the office of Deschutes County Property & Facilities Department, PO Box 6005, Bend, Oregon 97708-6005, or at such other place as may be designated in writing by Licensor. The monthly rent shall be One Hundred Fifty Dollars ($150.00) per month. 3. Use of Premises. The Premises shall be used by Licensee for operation of a Class IV mobile food unit, as defined in OAR 333-162-0020(2)(d). Licensee shall operate the mobile food cart as described in the Proposal which is attached to this License as Exhibit "A" and incorporated herein by this reference. The said Proposal is considered a Page 1 of6 l fDC 2012-450 representation or warranty by the Licensee. Licensee shall provide all necessary materials and supplies for food and beverage preparation, service, and sanitation. Any customer seating and signage shall be limited to the Premises. The Premises shall be used by Licensee for the purpose of operating Licensee's primary business, Glazed and Amused Doughnuts. Licensee, its principals or agents shall not use the Premises to operate a business other than that specified in this License and shall not use the Premises address as the business or mailing address for any other business than that specified in this License without obtaining the Licensor's written consent in advance. 4. Parking. Licensor does not provide parking for the Premises. 5. Restrictions on Use. In connection with the use of the Premises, Licensee shall: a) Conform to all applicable laws and regulations affecting the Premises and correct at Licensee's own expense any failure of compliance created through Licensee's fault or by reason of Licensee's use of the Premises. Licensee shall not be required to make any structural changes to affect such compliance, unless such changes are required because of Licensee's specific use. Licensee shall not place any permanent improvement or fixture to the Premises. b) Refrain from any use which would be reasonably offensive to the Licensor, other licensees, tenants, or owners or users of adjoining premises or unoccupied portions of the premises, or which would tend to create a nuisance or damage the reputation of the real property. c) Refrain from making any unlawful or offensive use of said property or to suffer or permit any waste or strip thereof. d) Exercise diligence in protecting the premises and adjoining common area from damage. e) Be responsible for removing any liens placed on said property as a result of Licensee's use of licensed premises. 6. Licensee's Obligations. The following shall be the responsibility of the Licensee: a) Licensee shall not be required to make structural repairs that would place the Premises in a better condition than at the commencement of this License. Licensee may place personal property on the Premises. b) Licensee, at its expense, shall keep Licensee's equipment and facilities in a first­ class repair, operating condition, working order and appearance. Licensee shall also be responsible for any repairs to other property necessitated by its negligence or the negligence or wrongful acts of its agents, employees and invitees. c) Any repairs or alterations required under Licensee's obligation to comply with laws and regulations as set forth in "Restrictions on Use" above. Page 2 of 6 d) Licensee's sign age and decorative accessories may be allowed but must be approved by the Licensor prior to installation and must not interfere with public traffic flow. Placement of exterior signs, whether wall-mounted or free-standing, will be subject to the prior approval of the County's Building Services Division. Exterior signs, if allowed, must also comply with the City of Bend sign code and be installed in accordance with all related City of Bend permit regulations. 7. Maintenance and Repair of Premises. a) Licensor shall perform all necessary maintenance and repairs to the structure, foundation, exterior walls, roof, doors and windows, emergency lighting (if any), which are located on the Premises. Licensor shall maintain the premises in a hazard free condition. b) Should Licensor fail to maintain the Premises in accordance with above requirements and after at least fourteen (14) days prior written notification to Licensor, Licensee may terminate the License. c) Licensee shall maintain the sidewalk in a clean and safe condition. Licensee shall maintain its facilities and equipment on the Premises so as to impact in the least possible way Licensor's equipment, facilities and personnel. Licensee shall also secure its personal property on the Premises in a clean, safe and sanitary condition when not in use and at the close of daily business. d) Licensee shall take good care of the Premises and at the expiration of the term surrender the Premises in as good condition as at the commencement of this License, excepting only reasonable wear, permitted alterations, and damage by fire or other casualty. 8. Utilities and Services. Licensor shall not provide utilities or janitorial services for the Premises 9. Liens. a) Except with respect to activities for which the Licensor is responsible, the Licensee shall pay as due all property taxes, all claims for work done on and for services rendered or material furnished to the licensed premises and shall keep the property free from any liens. If Licensee fails to pay any such claims or to discharge any lien, Licensor may do so and collect the cost from Licensee. Any amount so expended shall bear interest at the rate of nine percent (9%) per annum from the date expended by Licensor and shall be payable on demand. Such action by Licensor shall not constitute a waiver of any right or remedy which Licensor may have on account of Licensee's default. b) Licensee may withhold payment of any claim in connection with a good faith dispute over the obligation to pay, so long as Licensor's property interests are not jeopardized. If a lien is filed as a result of nonpayment, Licensee shall, within thirty (30) days after knowledge of the filing, secure the discharge of the lien or deposit with Licensor cash or a sufficient corporate surety bond or other surety satisfactory to Licensor in an amount sufficient to discharge the lien plus any costs, attorney fees and other charges that could accrue as a result of a foreclosure or sale under a lien. Page 30f6 10. Insurance. a) It is expressly understood that Licensor shall not be responsible for carrying insurance on any property owned by Licensee. b) Licensee will be required to carry fire and casualty insurance on Licensee's personal property on the Premises. c) Licensor will carry fire and casualty insurance only on the structure where Premises are located. d) Licensee shall carry commercial general liability insurance, on an occurrence basis with a combined single limit of not less than limitations set forth in DRS 30.271. Licensee may fulfill its obligations through a program of self-insurance pursuant to applicable law. Licensee shall provide Licensor with a certificate of insurance, as well as an endorsement, naming Deschutes County, its officers, agents, employees and volunteers as an additional insured. There shall be no cancellation, termination, material change, or reduction of limits of the insurance coverage during the term of this License. e) Licensee shall provide to Licensor proof of workers compensation insurance or a legally established program of self-insurance for workers compensation claims. f) Indemnification: Licensor and Licensee shall each be responsible for and defend, indemnify and hold the other harmless for losses, costs or claims due to the negligent and wrongful acts of their employees, agents and invitees. Licensor's liability exposure is limited by the Oregon Constitution, Article XI, and Oregon Revised Statutes 30.260 through 30.300. 11. Casualty Damage. If the Premises or improvements thereon are damaged or destroyed by fire or other casualty to such a degree that the Premises are unusable for the purpose Licensed, and if repairs cannot reasonably by made within ninety (90) days, Licensee may elect to cancel this License. Licensor shall in all cases promptly repair the damage or ascertain whether repairs can be made within ninety (90) days, and shall promptly notify Licensee of the time required to complete the necessary repairs or reconstruction. If Licensor's estimate for repair is greater than ninety (90) days, then Licensee, upon receiving said estimate will have twenty (20) days after such notice in which to cancel this License. Following damage, and including any period of repair, Licensee's rental obligation shall be reduced to the extent the Premises cannot reasonably be used by Licensee. 12. Surrender of Licensed Premises. Upon abandonment, termination, revocation or cancellation of this License or the surrender of occupancy of any portion of or structure on the Licensed premises, the Licensee shall surrender the real property or portion thereof to Licensor in the same condition as the real property was on the date of possession, fair wear and tear excepted, except, that nothing in this License shall be construed as to relieve Licensee of Licensee's affirmative obligation to surrender said premises in a condition which complies with all local, state or federal environmental laws, regulations and orders applicable at the time of surrender that was caused by Licensee or occurred during the term of this License. Upon Licensor's written approval, Licensee may leave site improvements authorized by any land use or building permit. I I t Page 4 of6 Licensee's obligation to observe and perform this covenant shall survive the expiration or the termination of the License. 13. Nonwaiver. Waiver by either party of strict performance of any provision of this License shall not be a waiver of or prejudice of the party's right to require strict performance of the same provision in the future or of any other provision. 14. Default. Neither party shall be in default under this License until written notice of its unperformed obligation has been given and that obligation remains unperformed after notice for fifteen (15) days in the case of the payment or for thirty (30) days in the case of other obligations. If the obligation (other than payment) cannot be performed within the thirty-day period, there shall be no default if the responsible party commences a good faith effort to perform the obligation within such period and continues diligently to complete performance. In case of default the non-defaulting party may terminate this License with thirty (30) days' notice in writing to the defaulting party, shall be entitled to recover damages or any other remedy provided by applicable law, or may elect to perform the defaulting party's obligation. The cost of such performance shall be immediately recoverable from the defaulting party plus interest at the legal rate for judgment. If Licensee makes any such expenditures as the non-defaulting party, those expenditures may be applied to monthly rent payments(s). 15. Notices. Notices between the parties shall be in writing, effective when personally delivered to the address specified herein, or if mailed, effective 48 hours following mailing to the address for such party speCified below or such other address as either party may specify by notice to the other: Licensor: Licensee: 16. ASSignment. Deschutes County Attn: Susan Ross PO Box 6005 Bend, Oregon 97708-6005 Phone: 541.383.6713 Darcie Davis 2207 NW Awbrey Rd. Bend, Oregon 97701 Phone: 541.480.5574 Licensee shall not assign or sub-rent the premises without the prior written consent of the Licensor. 17. Attorneys' Fees. In the event a suit or action of any kind is instituted on behalf of either party to obtain performance under this License or to enforce any rights or obligations arising from this License, each party will be responsible for paying its own attorney fees. 18. Authority. The SignatOries to this agreement covenant that they possess the legal authority to bind their respective principals to the terms, provisions and obligations contained within this agreement. 19. Counterparts. This License may be executed in two or more counterparts, by facsimile or otherwise, each of which is an original, and all of which together are deemed one and Page 5 of6 the same License, notwithstanding that all parties are not signatories to the same counterpart. 20. MERGER. THIS LICENSE CONSTITUTES THE ENTIRE LICENSE BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS LICENSE SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER. CONSENT. MODIFICATION OR CHANGE, IF MADE. SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS. AGREEMENTS. OR REPRESENTATIONS. ORAL OR WRITTEN. NOT SPECIFIED HEREIN REGARDING THIS LICENSE. LICENSOR, BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT LICENSOR HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSOR: Dated this ___day of ________, 2012 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, CHAIR ATTEST: ALAN UNGER, VICE-CHAIR Recording Secretary TAMMY BANEY, COMMISSIONER LICENSEE: Dated this "$ reA.. day Of_--;oj~J:::.....;:~::..:;..;-___• 2012 ~--":----~ Darcie Davis, General Partner Glazed and Amused Doughnuts Page 6 of6 PROPOSAL FOR EXTERIOR SPACE USAGE DESCHUTES COUNTY BUILDING -LOCATED AT ­ 67 NW GREENWOOD AVENUE BEND, OR 97701 Our business would like to respectfully submit a proposal, to lease or obtain a license/permit to operate in the space outside of the building located at 67 NW Greenwood Avenue from Deschutes County to park our Class IV approved mobile food truck. The vehicle would be parked primarily in this location selling specialty doughnuts, but would leave the premise on occasion to vend at concerts and events in Central Oregon throughout the year, for a day to several days at a time. This would be a year-round operation. This opportunity would create at least 3 full-time jobs for currently unemployed and/or under-employed people. We look forward to serving our entire community, from locals and tourists, to business people and families-all deserve to enjoy our unique, fresh and made-to-order variety of doughnuts. Naturally, coffee will be available, as well as other non-alcoholic beverages. We would be responsible for keeping the location clean-providing a trash can and disposing of litter, sweeping and snow removal in the winters. In addition, we believe our presence will benefit the County and surrounding businesses by discouraging vandalism and maintaining a safe environment. We are expecting to be ready to operate on or near August 1st, 2012. We would like to lease the space for a term of one year to start if possible. However, length of term is completely negotiable. PROPOSED AREA OF USE AND USAGE: Exterior paved space in front of building, Greenwood Avenue side (See Lot Plan on page 3). Paved location is apx. 36 feet by 18 feet, inside of and not including sidewalks. Deschutes County would have access to the door into the building as needed. Food truck will be parked as such to leave room for access. DAYS AND -riME OF OPERATIONS: Tuesday through Tllursday-7 AM to 2PM. Concert nights, open SPM to Midnight. Friday and Saturday-7AM to 2PM, and SPM to Midnight. Sunday and Monday-Closed. VEHICLE: It is a very clean and serviced 2002 Grumman Workhorse Class IV food truck, freshly painted and new kitchen installed to code. The vehicle is 22 feet long, 7.S feet wide and 7.S feet high. -PAGE 1­ sin SPECIFICATIONS: If possible, we would like to have access to an electrical hookup with a 50 amp service. If one is not readily available, we would like to negotiate the installation of a hookup and power panel, with separate meter if needed. The truck is self contained with fresh and gray water tanks and propane. We will be driving the truck off site to take care of these every few days after closing hours or on closed days. ADA ACCESS: Site and order window will be accessible to persons with disabilities. Area is already paved with access from sidewalk and employee will be able to assistthose persons with their orders as needed. There will be no stairs or obstacles blocking access to the order window. TRAFFIC AND PARKING: The majority of our business serves foot traffic or people who are already utilizing this busy corridor, being drawn by the surrounding businesses and events. Additional traffic impact would be minimal. Ample street parking is available on both Hill Street and Greenwood Avenue. Most stop-in vehicle traffic would be of short duration and parking space turn over would be fairly rapid. BUSINESS EN'I'ITY AND OWNER INFORMA1'ION: Brand-new, privately and locally owned company, currently operating as a general partnership. We are obtaining a business license with City of Bend, registering our new name with the State of Oregon and applying for a Federal Tax 10 number. The truck is currently in Portland getting the kitchen installed. Once in Bend, an inspection and certificate from Deschutes County Environmental Health will be obtained immediately. Copies of all this information will be forwarded to the County as soon as it is received. Darcie Davis Owner 541.480.5574 Tony Santopolo Owner 541.550.8849 REFERENCES: Scott Reynolds Chuck Arnold Manager, All Star labor and Staffing Executive Director, Downtown Bend Business Association 541.389.1718 541.788.3628 Robin lewis Traffic Engineer, City of Bend 541.848.9596 -PAGE 2 Hill Sidewalk ~ to ~ Q) '0 rJJ '0 0 0 ~ c: Q) Q) ~ C) -PAGE 3­ Food I Truck I I I 01 e Bike Rack