HomeMy WebLinkAboutDoc 003 - Amend Lease - TelecareDeschutes 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 January 12, 2011
Please see directions for completing this document on the next page.
DATE: December 22, 2010
FROM: Teresa Rozic Property & Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document 2011-003, an Amendment to Industrial Lease with
Telecare Mental Health Services of Oregon, Inc.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County recently completed construction for a 7500 -square foot mental health residential
treatment center at the public safety complex in Bend. Telecare Mental Health Services of Oregon, Inc.
operates the facility under contract with County Health Services Department. Staff negotiated an
industrial lease with this tenant. The parties find now that some provisions must be modified. This
amendment clarifies the parties' obligations to maintain and repair the building and grounds as well as
the purchase, installation and maintenance of certain improvements that Telecare will use. The
amendment will be effective retroactively to the commencement date of the lease (the date Telecare
began paying rent).
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2011-003
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
One original to Teresa Rozic for the Lessee.
Brenda Palatnick
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.)
Date:
12/21/2010
Please complete all sections above the Official Review line.
Department:
Property & Facilities
Contractor/Supplier/Consultant Name: [Telecare Mental Health Services, Inc.
Contractor Contact:
Type of Document: Amendment to Lease
Goods and/or Services: N/A
Contractor Phone #:
214-770-7901
Background & History: Deschutes County recently completed construction for a
7500 -square foot mental health residential treatment center at the public safety complex
in Bend. Telecare Mental Health Services of Oregon, Inc. operates the facility under
contract with County Health Services Department. Staff negotiated an industrial lease
with this tenant. The parties find now that some provisions must be modified. This
amendment clarifies the parties' obligations to maintain and repair the building and
grounds as well as the purchase, installation and maintenance of certain improvements
that Telecare will use. The amendment will be effective retroactively to the
commencement date of the lease (the date Telecare began paying rent).
Agreement Starting Date:
12/19/2010
Annual Value or Total Payment:
Ending Date:
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
12/18/2020
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ❑ Yes ❑ No
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:
12/22/2010
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: n Yes ❑ No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Teresa Rozic
Department Director Approval:
Phone #: 385-1414
Signature Date
Distribution of Document: One original to Teresa Rozic for the Lessee.
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. )
Legal Review Date
Document Number 2011-003
12/22/2010
REVIEWED
LEGAL COUNSEL
AMENDMENT TO
STANDARD INDUSTRIAL/COMMERCIAL SINGLE -TENANT LEASE
Parties:
DESCHUTES COUNTY, a political subdivision of the State of Oregon, "Lessor".
TELECARE MENTAL HEALTH SERVICES of OREGON, INC. an Oregon corporation,
"Lessee".
WHEREAS, Lessor and Lessee entered into a Lease (DC 2010-163) with an
effective date of December 19, 2010, ("the Lease") covering space described as certain
real property located at 20370 Poe Sholes Road, Bend, Oregon (the "Premises"); and
WHEREAS, the parties desire to modify certain provisions of the Lease relating
to the parties' obligations to (i) maintain and repair the Premises and (ii) the purchase,
installation and maintenance of certain improvements and other items to be used by
Lessee;
NOW, THEREFORE, the parties agree that the Lease is hereby amended to
read as follows:
1. This Amendment shall be effective December 19, 2010.
2. Section 6. Maintenance; Repairs, Utility Installations; Trade Fixtures and
Alterations, shall be amended to read as follows:
6.1 Lessee's Obligations. Subject to the provisions of Paragraph 2.2
(Condition), 5.3 (Lessee's Compliance with Applicable Law), 6.2 (Lessor's Obligations),
8 (Damage or Destruction), and 13 (Condemnation), Lessee shall, at Lessee's sole
expense, keep maintain the Premises, - ' ' - - - - - - - - - - - - , including
installations, alterations and fixtures (except alterations and fixtures provided by Lessor)
in good order, condition and repair, including : - - - •• - - =, - - - - - • - • - - - - ,
such as plumbing, clectrical, lighting facilities, millwork/cabinetry, internal non-structural
walls, ceilings, finished floor surfaces (e.q., buffing), interior
finished wall surfaces = : _ :. - - - - (including interior touchup painting
and repainting), lawns and landscaping, driveways, parking lots, fences, signs,
sidewalks and parking Tots
(including keeping driveways, sidewalks and parking lots cleared, clean, and free of
snow, ice and debris), and signs located on the Premises. Lessee's obligations further
include regular, periodic custodial and janitorial services, such as light bulb replacement
and cleaning services (including shampooing of carpets). Lessor shall perform all
DC 2011-003 Page 1 of 3
systems. Lessee's obligations shall include restorations, replacement or renewals when
necessary to keep the Premises and all -improvements thereon or a part thereof, in good
order, condition and state of repair. Lessee shall be obligated to repair and maintain all
appliances that are furnished at the Premises as of the Commencement Date.
Replacement of any appliances are the responsibility of Lessee.
3. Section 6.2 Lessor's Obligations, shall be deleted in full and in lieu thereof shall state:
6.2 Lessor's Obligations. Subject to the provisions of Paragraphs 2.2
6.2 Lessor's Obligations. Subject to the provisions of Paragraph 2.2
(Condition), 8 (Damage or Destruction), and 13 (Condemnation), Lessor shall, at
Lessor's sole expense, have the obligation to maintain at the Premises in good order,
condition and repair the structure, foundation, all life/safety systems and equipment
(including without limitation fire sprinklers, fire alarms, fire extinguishers and other fire
protection systems and equipment), building systems (including plumbing, electrical and
HVAC) existing at the Premises as of the Commencement Date, perimeter fencing,
irrigation system, security/access system (including the electronic card reader system
existing at the Premises as of the Commencement Date), foundation, sub -floor,
exterior/structural walls (including exterior painting and repair and replacement of any
exterior building finishes (siding, rock, etc.)), internal structural components of interior
bearing walls, interior and exterior doors, interior and exterior windows, the roof and roof
supporting and drainage systems. Lessor hereby warrants that, as of the effective date
of this First Amendment, Lessor knows of no defects in the electrical or plumbing
systems and that the electrical and plumbing systems are in good working order.
4. Purchase, Installation and Maintenance of Certain Items. The Lease is amended to
include the following new Section 45.
45. Lessee's Trade Improvements, Equipment and Fixtures. Subject to the
provisions of Section 6, Lessee may install or cause to be installed at its expense such
improvements, equipment and/or fixtures (collectively, the "Improvements") as are
reasonably necessary for the operation of its business. The Improvements shall remain
Lessee's personal property, and subject to the requirements of Section 6.2(c), title
thereto shall continue in the owner thereof, whether installed on the Premises or not, and
may include, without limitation, furniture and equipment for bedrooms, administrative
offices, conference rooms and exercise rooms.
5. Except as otherwise provided in this Amendment, the terms and conditions of the
DC 2011-003 Page 2 of 3
Lease remain in effect.
LESSOR:
DATED this day of , 2011
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Tammy Baney, Chair
ATTEST: Anthony DeBone, Vice -Chair
Recording Secretary Alan Under, Commissioner
LESSEE:
DATED this day of , 2011
Telecare Mental Health Services of Oregon, Inc.
By: Marshall D. Langfeld
Title: Chief Financial Officer
1100 Marina Village Parkway,
Alameda, CA 94501
Telephone: (510) 337-7950_
Facsimile: (510) 337-7969
Federal ID No. 94-1735271
DC 2011-003 Page 3 of 3
