The URL can be used to link to this page

Home My WebLink AboutDoc 288 - Lease - High Desert ArchersDeschutes 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 June 29, 2011 Please see directions for completing this document on the next page. DATE: June 14, 2011 FROM: Teresa Rozic Property & Facilities 385-1414 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document 2011-288, a Lease Amendment between Deschutes County, Lessor, and High Desert Archers, Lessee. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: High Desert Archers is a nonprofit organization that operates an archery club range. In 2004, Deschutes County leased land adjacent to the Redmond Negus Transfer Station to the club. The County and High Desert Archers have agreed to consolidate the leased land to approximately 179.25 acres. This document revises the description of the leased land and updates the liability insurance provision of the lease. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Document 2011-288. 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: 05/18/2011 Please complete all sections above the Official Review line. Department: Contractor/Supplier/Consultant Name: Contractor Contact: Diana Eakins Type of Document: Lease Amendment Goods and/or Services: N/A Property & Facilities High Desert Archers Contractor Phone #: 541.923.8347 Background & History: Deschutes County and High Desert Archers entered into a lease in 2004. High Desert Archers operates an archery club range on land adjacent to the County Negus Transfer Station. Deschutes County and the High Desert Archers agreed to consolidate the leased acreage to approximately 179.25 acres. This amendment changes the description of the leased property and updates the liability insurance section of the lease. Agreement Starting Date: lease Upon signature Annual Value or Total Payment: None Ending Date: Upon termination of the ® Insurance Certificate Received (check box) Insurance Expiration Date: 1/1/2012 ---�w-�t '�6I 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 0 No Special conditions attached to this grant: Deadlines for reporting to the grantor: 6/14/2011 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 Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Teresa Rozic Phone #: 385-1414 Department Director Approval: Signature Distribution of Document: One original to Teresa Rozic for the lessee. qff4dot 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 2011-288 5/18/2011 REVIEWED LEGAL COUNSEL LEASE AMENDMENT THIS LEASE AMENDMENT is made and entered into by and between DESCHUTES COUNTY ("Lessor") and HIGH DESERT ARCHERS ("Lessee"). WITNESSETH: WHEREAS, Lessor and Lessee entered into a Lease (DC 2004-014) with an effective date of February 20, 2004, for real property located In a portion of Sections 2 and 11, Township 15 South, Range 13 East, W.M., Deschutes County, Oregon, and WHEREAS, Lessor and Lessee wish to amend the description of the real property to reduce the acreage leased by Lessee; and WHEREAS, Lessor and Lessee wish to amend the liability insurance provision of the lease; NOW, THEREFORE, Lessor and Lessee agree that the Lease is hereby amended to read as follows: 1. The description of the real property on page 1 is stricken in its entirety and replaced by: "Lessor agrees to lease to Lessee per the terms and conditions contained herein the real property described on the attached Exhibit 'A' and depicted on the attached Exhibit `B'." 2. Section 19, Liability Insurance, is amended to read: "Lessee shall maintain Comprehensive General Liability insurance in an amount of not less than $500,000 $1,000,000 per occurrence/$1,000,000 $2,000,000 aggregate. The policy shall include an endorsement naming Deschutes County, its elected officials, officers, agents and employees as Additional Insured." In all other respects the Lease shall be and remain in full force and effect. LESSOR: DATED this day of , 2011 ATTEST: BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Tammy Baney, Chair Anthony DeBone, Vice -Chair Recording Secretary Alan Unger, Commissioner MORE SIGNATURES FOLLOW Document No. 2011-288 Page 1 of 2 DC 2011 • 2 LESSEE: HIGH DESERT ARCHERS By: 437 A. Name / Title fi c-'510Jr-r�T Date 6 -e•-// Document No. 2011-288 Page 2 of 2 EXHIBIT "A" DESCHUTES COUNTY SOLID WASTE DEPARTMENT LEASE AREA HIGH DESERT ARCHERS' DESCHUTES COUNTY, OREGON A tract of land located in south 1/2 of Section 2 and the north 1/2 of Section 11, Township 15 South, Range 13 East, W.M., Deschutes County, Oregon as shown on the attached exhibit and being fully described as follows: The east 1/2 of the southeast 1/4 of the southwest 1/4 and the southwest 1/4 of the southeast 1/4 of said Section 2. The northeast 1/4 of the northwest 1/4 and the west 1/2 of the northeast 1/4 of said Section 11. Basis of Bearing is the Central Oregon Coordinate System. Tract contains 179.25 acres, more or less. Subject to all restrictions, easements and right-of-ways of record and those apparent on the land. John Thompson & Associates, Inc. 2011 REGISTERED PROFESSIONAL LAND SURVEYOR r bFi5GON JANUARY 12 1999 JOHN P, THOMPSON 49220 RENEWS: 08.30..20: P.O. Box 683 Bend, Oregon 97709 (541)312-9421 P:\Projects\DESX0014NEGUS\Descriptions\DESXI4LEASE1,doc Exhibit "A" DC 2011-288 • P,\Protects\DESX0014NEGUS\dwg\DESXNEGUSLEASELdwg 5/19/2011 726,20 AM PDT 0 04-4H 0 0 z UJ ^^0 ll ro 0 0 rn L.°0 tri d 0 0 O IZt 6 ZI£(IWS) TT mduaaS E-3 N00'22'53"W 2640.14' N00'06'28"W 2645.62' N N00'25.37"E 2635.93' V) Cri t'tf H 0 N N m� z 0 m h Z 0 c —4 0 Na -i.. 1 N=No w p 0- z O i - N Uv)m 0 0 N 1. BASIS OF BEARING IS THE CENTRAL OREGON COORDINATE SYSTEM. 0 rj dyrr b �0Otri tri bZ>4 H No Cx �x�xz 4 0 d tri �zz� z er4 trl tri H rb trj 0 tri trl Exhibit "13" DC 2011-288 Teresa Rozic From: Teresa Rozic Sent: Wednesday, June 22, 2011 10:16 AM To: 'nfaa@sadlersports.com' Cc: Diana Eakins (archers5411@msn.com) Subject: High Desert Archers MPE0005235-11 Hello. We have the certificate of insurance (just need to correct the address — see note below). Thank you. I need an endorsement before I submit the lease amendment for signature. Here's the language from the lease: 1. Section 19, Liability Insurance, is amended to read: "Lessee shall maintain Comprehensive General Liability insurance in an amount of not less than $500,000 $1,000,000 per occurrence/S-14)00420 $2,000,000 aggregate. The policy shall include an endorsement naming Deschutes County, its elected officials, officers, agents and employees as Additional Insured." Please note the certificate holder should be: Deschutes County Property & Facilities Dept 14 NW Kearney Ave Bend, OR 97701 Thank you. Teresa Rozic Property Specialist, Deschutes County 14 NW Kearney Ave, Bend, OR 97701 Phone: 541.385.1414 Fax: 541.317.3168 1 CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) 05-26-2011 SAH PRODUCER SADLER & COMPANY, INC. P.O. BOX 5866 COLUMBIA, SOUTH CAROLINA 29250-5866 (800)622-7370 Email: nfaa@sadlersports.com THIS CERTIFICATE IS EVIDENCE OF COVERAGE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. IT DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED National Field Archery Association, Inc. as member of ERS Risk Purchasing Group Association, Inc. HIGH DESERT ARCHER C/0 DIANA EAKINS PO BOX 821 REDMOND, OR 97756 COMPANIES AFFORDING COVERAGE COMPANY LETTER A MT HAWLEY INSURANCE COMPANY COMPANY LETTER B NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURG, PA COMPANY LETTER C COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A General Liability IV Commercial General Liability Claims Made Occur. :+/ Owners & Contractors Prot.Injury MPE0005235-11 SRG0009104582 12:01 am 01-12-11 12:01 am 01-12-11 12:01 am 01-01-12 12:01 am 01-01-12 General Aggregate $3,000,000 Products-Comp/Ops Aggregate $1,000,000 Personal & Advertising $1,000,000 Each Occurrence $1,000,000 Fire Damage (Any one Fire) $ 300,000 Medical Expenses (Any one person) None Participant Legal Liability Excess Medical $1,000,000 $ 50,000 B Participant Accident ($250 Deductible Per Claim) AD&D $ 10,000 Incurral Period: 90 days Max Benefit Period: 104 weeks DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS NATIONAL FIELD ARCHERY CHARTERED CLUB Notice to Policyholder: THIS POLICY IS ISSUED BY YOUR RISK RETENTION GROUP. YOUR RISK RETENTION GROUP MAY NOT BE SUBJECT TO ALL OF THE INSURANCE LAWS AND REGULATIONS OF YOUR STATE. STATE INSURANCE INSOLVENCY GUARANTY FUNDS ARE NOT AVAILABLE FOR YOUR RISK RETENTION GROUP. NOTE: The Participant Accident policy shown above is issued to National Field Archery Association. Inc. and is not a part of the ERS Risk Purchasing Group Association, Inc With respect to the General Liability, the Certificate Ho/der is added as an Additional insured solely in its capacity as a property owner or sponsor, but only with respect to liability arising out of the insured's operations. This insurance does not app/y to the sole negligence of the Additional Insured. CERTIFICATE HOLDER CANCELLATION PROPERTY OWNER DESCHUTES COUNTY 1130 NEW HARRIMAN BEND, OR 97701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICAT HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ste► + SL 39 NFAA 1-92