HomeMy WebLinkAboutDoc 113 - Lease Agrmt - Latino Comm Assn-CES
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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 March 23, 2011
Please see directions for completing this document on the next page.
DATE: March 3, 2011
FROM: Teresa Rozic Property & Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of board signature of Document No. 2011-113, a lease for office space at 1130 NW
Harriman Street, Bend, between Deschutes County as Lessor and Latino Community Association as
Lessee.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The Latino Community Association has leased office space at the Mike Maier County Services
Building since 2007. They wish to remain in the space for an additional three years on the same terms.
The Latino Community Association promotes full participation of Latinos in the community by
providing improved access to education, resources and opportunities and by building meaningful
connections. They provide referrals for basic services and assistance, translation, and a monthly dental
clinic for the Deschutes County Latino community. They also provide education and translation
services to the entire community.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2011-113.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
One original to Teresa Rozic for the Lessee.
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:
03/03/2011
Please complete all sections above the Official Review line.
Department:
Contractor/Supplier/Consultant Name:
Contractor Contact:
Property & Facilities
Latino Community Association
Bradley Porterfield
Type of Document: Lease
Contractor Phone #: 541.382.4366
Goods and/or Services: Lease for office space at 1130 NW Harriman, Bend
Background & History: The Latino Community Association has leased office space
at the Mike Maier County Services Building since 2007. We are standardizing our lease
form and therefore drafted a new lease rather than extend the original. Terms are the
same.
Agreement Starting Date: April 1, 2011 Ending Date:
Annual Value or Total Payment:
$2,400 annual rental
® Insurance Certificate Received (check box)
Insurance Expiration Date:
09/08/2011
March 31, 2014
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 [ I 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: ❑ Yes ❑ No
3/3/2011
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: TeTsa Rozic Phone #: 385-1414
Department Director Approval: G L- �j (23-(`)
Signature ate
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 2011-113
3/3/2011
REVIEWED
LEGAL COUNSEL
LEASE
This Lease is made by and between DESCHUTES COUNTY, a political subdivision of the State of
Oregon ("Lessor") and LATINO COMMUNITY ASSOCIATION, an Oregon nonprofit corporation
("Lessee").
Lessor hereby leases to Lessee and Lessee takes from Lessor the "Premises" described as follows:
Approximately Two Hundred (200) square feet of first floor office space located at
1130 NW Harriman Street, Bend, Oregon 97701.
The parties agree that the terms of this Lease are as follows:
1. Term. The effective date of this Lease shall be April 1, 2011, or the date on which each
party has signed this Lease, whichever is later, and shall continue until March 31, 2014, or
thirty-six (36) months. Lessor and Lessee each reserve the right to terminate this Lease
prior to its expiration with thirty (30) days written notice, given to the other party.
Except as otherwise provided in this Lease, if the Lessee is not then in default and with
Lessor's approval, Lessee has the option to renew this lease for one (1) year by giving at
least thirty (30) days written notice to Lessor prior to the expiration of the lease term.
2. Rent. Lessee shall pay to Lessor as base rent the sum of Two Hundred Dollars ($200.00)
per month, commencing with the date specified iri Paragraph 1. Rent may be prorated for
the first partial month. Rent shall be payable on the first day of each month without notice or
demand at the office of the Deschutes County Property & Facilities Department, 14 NW
Kearney Avenue, Bend, Oregon 97701, or at such other place as may be designated in
writing by Lessor.
3. Use of Premises. The Premises shall be used by Lessee for the purpose of operating
Lessee's primary business, Latino Community Association. Lessee, its principals or agents
shall not use the Premises to operate a business other than that specified in this Lease and
shall not use the Premises address as the business or mailing address for any other
business than that specified in this Lease without obtaining the Lessor's written consent in
advance.
4. Parking. Lessee, its employees, and clientele shall have a nonexclusive right to access and
utilize vehicle parking spaces in County parking Tots. Lessee's employees will be required to
adhere to the County Parking Policy and Regulations, which County in its sole discretion
may amend from time to time
5. Restrictions on Use. In connection with the use of the Premises, Lessee shall:
a) Conform to all applicable laws and regulations affecting the Premises and correct at
Lessee's own expense any failure of compliance created through Lessee's fault or by reason
of Lessee's use of the Premises. Lessee shall not be required to make any structural
Document Number 2011-113 Page 1 of 6
changes to affect such compliance, unless such changes are required because of Lessee's
specific use.
b) Refrain from any use which would be reasonably offensive to the Lessor, other tenants,
or owners or users of adjoining property or unoccupied portions of the real property, or which
would tend to create a nuisance or damage the reputation of the eal 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 from damage the real property and common area of
Lessor covered by and used in connection with this Lease.
e) Be responsible for removing any liens placed on said property as a result of Lessee's use
of leased premises.
f) Comply with Lessor's policies regarding smoking, parking, fragrances, facilities
maintenance, facilities use and violence in the workplace. Those policies are attached to
this lease as Exhibit A and by this reference are incorporated herein.
6. Lessee's Obligations. The following shall be the responsibility of the Lessee:
a) Lessee shall not be required to make structural repairs that would place the Premises in
a better condition than at the commencement of this lease. Lessee may place fixtures,
partitions, personal property, and the like in the Premises and may make nonstructural
improvements and alterations to the Premises at its own expense. Lessee may be required
to remove such items at the end of the Lease term.
b) Any repairs necessitated by the negligence of Lessee, its agents, employees or invitees.
c) Any repairs or alterations required under Lessee's obligation to comply with laws and
regulations as set forth in "Restrictions on Use" above.
7 Maintenance and Repair of Premises.
a) Lessor shall perform all necessary maintenance and repairs to the structure, foundation,
exterior walls, roof, doors and windows, elevators, emergency lighting, and Lessor -provided
fire extinguishers, sidewalks, and parking area which are located on or serve the Premises.
Lessor shall maintain the premises in a hazard free condition and shall repair or replace, if
necessary and at Lessor's sole expense, the heating, air conditioning, plumbing, electrical,
and lighting systems in the Premises, obtaining required permits and inspections from Code
enforcement authorities, and shall keep the Premises, improvements, grounds and
landscaping in good repair and appearance replacing dead, damaged or diseased plant
materials when necessary.
b) Should Lessor fail to maintain the Premises in accordance with above requirements, and
after at least fourteen (14) days prior written notification to Lessor, Lessee may contract for
necessary labor equipment and material to bring Premises within those requirements and
may deduct reasonable and necessary costs from future rent payments.
Document Number 2011-113 Page 2 of 6
c) Lessee shall take good care of the interior of the Premises and at the expiration of the
term surrender the Premises in as good condition as at the commencement of this Lease,
excepting only reasonable wear, permitted alterations, and damage by fire or other casualty.
8. Utilities and Services.
a) Lessor shall provide adequate heat, electricity, water, air conditioning, trash removal
service, and sewage disposal service for the Premises and janitorial services for the
common areas of the building. Lessee shall provide its own telephone and janitorial services
for the Premises. Utilities or services provided to the Premises are not separately metered.
Lessor shall pay the amount due and separately invoice Lessee for Lessee's pro rata share
of the charges. Lessee will pay $50.00 per month for Internet service. Lessee shall pay
such amounts within fifteen (15) days of invoice.
b) Unless it is an exempt entity, Lessee agrees to pay property taxes and assessments
applicable to the Premises which are due and payable during the term of the Lease or
any extension hereof.
9. Liens.
a) Except with respect to activities for which the Lessor is responsible, the Lessee shall pay
as due all claims for work done on and for services rendered or material furnished to the
leased real property and shall keep the real property free from any liens. If Lessee fails to
pay any such claims or to discharge any lien, Lessor may do so and collect the cost from
Lessee. Any amount so expended shall bear interest at the rate of nine percent (9%) per
annum from the date expended by Lessor and shall be payable on demand. Such action by
Lessor shall not constitute a waiver of any right or remedy which Lessor may have on
account of Lessee's default.
b) Lessee may withhold payment of any claim in connection with a good faith dispute over
the obligation to pay, so long as Lessor's property interests are not jeopardized. If a lien is
filed as a result of nonpayment, Lessee shall, within thirty (30) days after knowledge of the
filing, secure the discharge of the lien or deposit with Lessor cash or a sufficient corporate
surety bond or other surety satisfactory to Lessor 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.
10. Insurance.
a) It is expressly understood that Lessor shall not be responsible for carrying insurance on
any property owned by Lessee.
b) Lessee will be required to carry fire and casualty insurance on Lessee's personal
property on the Premises.
c) Lessor will carry fire and casualty insurance only on the structure where Premises are
located.
d) Lessee shall carry commercial general liability insurance, on an occurrence basis; with a
combined single limit of not less than $1,000,000 each occurrence, with an annual
aggregate limit of $2,000,000. Lessee shall provide Lessor with a certificate of insurance, as
Document Number 2011-113 Page 3 of 6
well as an endorsement, naming Deschutes County, its officers, agents, and 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 lease.
e) Lessee shall provide to Lessor proof of workers compensation insurance.
f) Indemnification: Lessor and Lessee shall each be responsible for the negligent and
wrongful acts of their officer, agents, employees and invitees. Lessor's liability exposure is
restricted by the Oregon State Constitution, Article XI, and Oregon Revised Statutes 30.260
through 30.300, the Oregon Tort Claims Act.
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
leased, and if repairs cannot reasonably by made within ninety (90) days, Lessee may elect
to cancel this Lease. Lessor shall in all cases promptly repair the damage or ascertain
whether repairs can be made within ninety (90) days, and shall promptly notify Lessee of the
time required to complete the necessary repairs or reconstruction. If Lessor's estimate for
repair is greater than ninety (90) days, then Lessee, upon receiving said estimate will have
twenty (20) days after such notice in which to cancel this Lease. Following damage, and
including any period of repair, Lessee's rental obligation shall be reduced to the extent the
Premises cannot reasonably be used by Lessee.
12. Surrender of Leased Premises. Upon abandonment, termination, revocation or cancellation
of this Lease or the surrender of occupancy of any portion of or structure on the leased
premises, the Lessee shall surrender the real property or portion thereof to Lessor in the
same condition as the real property was on the date of possession, fair wear and tear
excepted, except, that nothing in this lease shall be construed as to relieve Lessee of
Lessee'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 Lessee or occurred during the term of this lease. Upon
Lessor's written approval, Lessee may leave site improvements authorized by any land use
or building permit. Lessee's obligation to observe and perform this covenant shall survive
the expiration or the termination of the Lease.
13. Nonwaiver. Waiver by either party of strict performance of any provision of this Lease 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 Lease 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 cannot be performed within the thirty -day period, there shall be
no default if the responsible party commencesa 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 Lease 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 Lessee makes any such expenditures as the non -defaulting party,
those expenditures may be applied to monthly rent payments(s).
Document Number 2011-113 Page 4 of 6
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:
Lessor: Deschutes County
Attn: Susan Ross
14 NW Kearney Avenue
Bend, Oregon 97701
Phone: 541-383-6713
Lessee: Latino Community Association
Attn: Brad Porterfield, Executive Director
1130 NW Harriman St.
Bend, Oregon 97701
Phone: 541-382-4366
16. Assignment. Lessee shall not assign or sub -rent the premises without the prior written
consent of the Lessor.
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 Lease or to enforce any rights or obligations arising from
this Lease, each party will be response 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. MERGER.
THIS LEASE CONSTITUTES THE ENTIRE LEASE BETWEEN THE PARTIES. NO
WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS LEASE 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 LEASE. LESSOR, BY THE
SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY
ACKNOWLEDGES THAT LESSOR HAS READ THIS LEASE, UNDERSTANDS IT, AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
SIGNATURE PAGE FOLLOWS
Document Number 2011-113 Page 5 of 6
LESSOR:
Dated this
_ day of
0
, 2011
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Tammy Baney, Chair
ATTEST: Anthony DeBone, Vice -Chair
Recording Secretary Alan Unger, Commissioner
LESSEE:
Dated this 2 43 day ofwa.vr- , 2011
LATINOMUNITY - OCIATION
By:60,
Bradley 'orterfeld, Executive Director
Document Number 2011-113 Page 6 of 6