HomeMy WebLinkAboutDoc 152 - Lease - La Pine Frontier Days AssnDeschutes 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 30, 2011
Please see directions for completing this document on the next page.
DATE: March 14, 2011
FROM: Teresa Rozic Property & Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document Number 2011-152, a Lease between Deschutes County,
Lessor, and La Pine Frontier Days Association, Lessee.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The La Pine Frontier Days Association has leased storage space at 51680 Coach Road, La Pine, since
2006. They wish to continue leasing the space. We are standardizing our lease form and therefore
drafted a new lease rather than extend the original. Terms are the same except this is a one-year lease.
The La Pine Frontier Days Association is a nonprofit corporation that organizes an annual 4th of July
weekend celebration in La Pine. The County has provided the storage space free of charge in exchange
for the benefit to the community.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2011-152.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
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:
3/14/2011
Please complete all sections above the Official Review line.
Department:
Contractor/Supplier/Consultant Name:
Contractor Contact:
Ann Gawith
Type of Document: Lease
Goods and/or Services: N/A
Property & Facilities
La Pine Frontier Days Association
Contractor Phone #:
541-536-7839
Background & History: The La Pine Frontier Days Association has leased storage
space at 51680 Coach Road, La Pine, since 2006. We are standardizing our lease form
and therefore drafted a new lease rather than extend the original. Terms are the same.
Agreement Starting Date:
5/1/2011
Annual Value or Total Payment:
None
Ending Date:
Insurance Certificate Received (check box)
Insurance Expiration Date:
1/20/2012
4/30/2012
N/A Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
N/A
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:
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
3/14/2011
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Teresa Rozic Phone #: 385-1414
Department Director Approval:
Distribution of Document:
One original to Teresa Rozic for the Lessee.
z 'hc4fx‘it\
Date
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
3/14/2011
I
REVIEWED
LEGAL COUNSEL
LEASE
This Lease is made by and between DESCHUTES COUNTY, a political subdivision of the State
of Oregon ("Lessor") and LA PINE FRONTIER DAYS ASSOCIATION, an Oregon nonprofit
corporation, ("Lessee").
Lessor hereby leases to Lessee and Lessee takes from Lessor the "Premises" described as
follows:
A building located at 51680 Coach Road, La Pine, Oregon, 97739. Said building
contains approximately 2,520 square feet and is located on a lot that is approximately
.25 acre (11,000 square feet) located in Deschutes County, Oregon, as described in the
Warranty Deed recorded on August 29, 1966 in Volume 150 Page 95 of the Official
Records of Deschutes County.
The parties agree that the terms of this Lease are as follows:
1. Term. The effective date of this Lease shall be May 1, 2011, or the date on which each
party has signed this Lease, whichever is later, and shall continue until April 30, 2012, or
twelve (12) months. Lessor and Lessee each reserve the right to terminate this Lease
prior to its expiration with ninety (90) 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. Lessor is providing Premises to Lessee free of charge in exchange for Lessee's
organizing and producing the annual 4th of July Frontier Days events for the community
of La Pine.
It is agreed by and between the parties that Lessee is not carrying out a function on
behalf of Lessor, and Lessor does not have the right of direction or control of the manner
in which Lessee delivers services under this Lease or exercise any control over the
activities of Lessee. Lessee is not an officer, employee or agent of Lessor as those
terms are used in ORS 30.265. Lessee covenants for itself and its successors in interest
and assigns that it will not claim or assert that Lessee is an officer, employee or agent of
the Lessor, as those terms are used in ORS 30.265.
3. Use of Premises. The Premises shall be used by Lessee for the purpose of storing
materials and equipment related to Lessee's primary business, La Pine Frontier Days
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
Document 2011-152 Page 1 of 6
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 on the Premises.
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 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 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 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.
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
Document 2011-152 Page 2 of 6
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.
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) Lessee is responsible for paying utilities, if any, at the Premises.
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 this 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.
Document 2011-152 Page 3 of 6
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 Tess 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 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 commences a good faith effort to
Document 2011-152 Page 4 of 6
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).
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
Fax: 541-317-3168
Lessee: La Pine Frontier Days Association
Attn: Ann Gawith
PO Box 1468
La Pine, Oregon 97739
Phone: 541-536-7821
Fax: 541-536-9311
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 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. 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
Document 2011-152 Page 5 of 6
l
READ THIS LEASE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS
TERMS AND CONDITIONS.
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 UNGER, COMMISSIONER
LESSEE:
Dated this oh?"-idday of
C7i %a -z c► , 2011
LA PINE FRONTIER DAYS ASSOCIATION
By
Document 2011-152 Page 6 of 6