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HomeMy WebLinkAboutDoc 499 - Lease - Rickard RdDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orq AGENDA REQUEST & STAFF REPORT For Board Business Meeting of August 10, 2011 DATE: July 21, 2011 FROM: Darryl Nakahira Department: Sheriffs Office Phone # 617-3369 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document 2011-499, a Lease between Deschutes County and a tenant. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: The Sheriffs Office has operated a livestock rescue operation at the county owned residence and premises at 21395 Rickard Road, Bend, Oregon since September, 2009. The residence has been unoccupied since January, 2011. The purpose of this agreement is to have a caretaker live in the residence and maintain the condition of the residence and also be available at the property on a 24 hour/7 day a week basis to care for animals and ranch property. FISCAL IMPLICATIONS: The caretaker will pay $900.00 a month in rent to the County. As a part of caretaker duties, the Sheriffs Office will pay the caretaker a housing stipend of $500.00 a month. RECOMMENDATION & ACTION REQUESTED: Sign Document No. 2011-499, a Lease to allow a tenant to live in the County -owned residence located at 21395 Rickard Road, Bend, Oregon. ATTENDANCE: Darryl Nakahira, Deschutes County Sheriffs Office Legal Counsel DISTRIBUTION OF DOCUMENTS: Return one signed original to Darryl Nakahira at the Sheriffs Office. DESCHUTES COUNTY DOCUMENT SUMMARY Date: July 20, 2011 Department: Sheriffs Office Contractor/Supplier/Consultant Name: N/A Contact: Phone #: Type of Document: Document 2011-499 is a Lease between Deschutes County (Landlord) and Mr. Les Hamilton (Tenant). Goods and/or Services: Document 2011-499 is a lease to allow a tenant to live in the County -owned, 2,400 square -foot residence located at 21395 Rickard Road, Bend. The tenant will perform on-site ranch work at the residence on a 24 hours a day, 7 days a week basis. The tenant will live at the residence to ensure the security of the Deschutes County Sheriffs Office operations and welfare of the animals being kept at the Livestock Rescue and Shelter which is located at the same address. The lease agreement also includes Exhibit A, a list of expected duties of the ranch caretaker. Background & History: This is a new lease. In 2009, the Sheriffs Office began housing abandoned and seized animals at the Rickard Road location. The residence has been vacant since January, 2011 and a full-time caretaker will both maintain the condition of the residence and also be available at all hours for the needs of the animals and maintenance of the premises. Agreement Starting Date: Upon the signature of the Board of County Commissioners Ending Date: The initial lease is a 1 -year lease. The lease includes the option to renew for successive 1 -year terms. Annual Value or Total Payment: The caretaker will pay $900.00 a month in rent to the County. As a part of caretaker duties, the Sheriffs Office will pay the caretaker a housing stipend of $500.00 a month. 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 E No If No, has budget amendment been submitted? ❑ Yes ❑ No Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No 7/21/2011 Departmental Contact and Title: Darryl Nakahira, Sheriffs Office Legal Counsel Phone: 617-3369 Sheriff's Approval: .),------- 7 - z z -ir Date Distribution of Document: Return one signed original to Darryl Nakahira, Sheriffs Office Legal Counsel. Official Review: County Signature Required (check one): ® BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. 1 Date 1 1 '. L 2-0 41 Document Number 2011-499 Legal Review ) 7/21/2011 '1 LEASE AGREEMENT RICKARD ROAD THIS LEASE, made and entered into by and between DESCHUTES COUNTY, a political subdivision of the State of Oregon, hereinafter called COUNTY, and LES HAMILTON, hereinafter called MR. HAMILTON. WHEREAS, COUNTY is the owner of real property described in that certain Warranty Deed recorded as Document 2003-59743 in the Official Records of Deschutes County, containing 22.41 acres, more or less, ("the Premises"), which is improved with a 2,400 square foot residence and outbuildings commonly known as the Deschutes County Sheriff's Office Livestock Rescue and Shelter at 21395 Rickard Rd., Bend, Oregon 97702 (the "Residence"); and WHEREAS, the DESCHUTES COUNTY SHERIFF'S OFFICE, hereinafter DCSO, desires to employ MR. HAMILTON to perform on-site ranch work at the above Residence on a twenty-four hours a day, seven days a week basis and authorize MR. HAMILTON to live in the above Residence to ensure the security of DCSO operations and welfare of the animals being kept at the DCSO Livestock Rescue and Shelter; NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other good and valuable consideration, COUNTY agrees to lease the Residence to MR. HAMILTON on the following terms and conditions: 1. OCCUPANCY 1.1 Term The term of this Lease shall commence , 2011 and unless extended pursuant to Section 1.3 of this lease shall terminate 2012 unless sooner terminated as hereinafter provided. 1.2 Possession MR. HAMILTON's right to possession of the Residence and obligations pursuant to the terms of this Lease shall commence on , 2011. Mr. Hamilton accepts the Residence in as -is condition. 1.3 Renewal Option If this Lease has not expired or terminated and MR. HAMILTON is not in default under the terms of this Lease, MR. HAMILTON shall have the option to renew this Lease 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. PAGE 1 of 10 LEASE AGREEMENT -TENANT 7/20!2011 b. Each renewal option, if exercised, shall be made by written notice delivered to COUNTY not less than sixty (60) days prior to the expiration date of the expiring term. COUNTY shall notify MR. HAMILTON in writing within sixty (60) days of such notice whether COUNTY agrees to allow the Lease to be renewed. COUNTY's failure to notify MR. HAMILTON of COUNTY's decision shall be deemed acceptance of the renewal. If COUNTY notifies MR. HAMILTON that COUNTY will not renew the Lease, then the Lease shall expire 180 days after notice by the COUNTY of its intent not to renew the Lease. Rent shall be prorated on a monthly basis. c. The terms and conditions of this Lease for each renewal term shall be the same as the original term, except the rent for the renewal term, which shall be negotiated by COUNTY and MR. HAMILTON. If the parties are unable to agree on the rent for the renewal term, this Lease will terminate upon the expiration date. 1.4 Tenants MR. HAMILTON's domestic partner and her two minor children may reside at the Residence, as long as MR. HAMILTON is a current tenant, and with approval by his supervisor at DCSO. 2. USE OF PREMISES 2.1 Residence and Yard MR. HAMILTON shall use the residence and yard for the following purposes only and under the following conditions: a. As a residence. b. For the storage of MR. HAMILTON's personal property at the Residence. c. For the storage of MR. HAMILTON's Targe personal property, such as a vehicle, in areas agreed upon by the DCSO, knowing that DCSO operations take priority for use of storage spaces. d. Possession of cats or dogs shall be subject to the approval of the DCSO. e. MR. HAMILTON agrees to allow DCSO personnel unlimited access to a south side lower level room, formerly a garage, for use as an office. They shall only utilize the separate entry. 2.2 Restrictions on Use In connection with MR. HAMILTON's use of the Residence and Premises, MR. HAMILTON: a. Shall conform to all applicable laws and regulations affecting the premises and the use of the premises and correct, at MR. HAMILTON's own and sole expense, any failure of compliance created through MR. HAMILTON's fault or by reason of MR. HAMILTON's use. b. Shall conform to Deschutes County Code requirements and also State and local zoning laws during use of the Premises. c. Shall maintain the Residence and Premises to reasonable standards of safety, cleanliness, and orderliness. PACE 2 OF 10 LEASE AGREEMENT -TENANT 7/20/2011 d. Shall exercise due diligence in protecting the Premises from damage in connection with MR. HAMILTON's use thereof. e. Shall not use the Premises in any way which would be reasonably offensive to the COUNTY, or owners or users of adjoining properties, or which would tend to create a nuisance or damage the reputation of the COUNTY or DCSO. f. Shall not release any information regarding the animals in custody of the DCSO. Such information is confidential and will not be divulged to anyone other than in an official capacity, unless directed by the Sheriff or his designee. Shall not conduct yard sales or any other activity that would invite members of the public to the property. h. Shall not conduct large family gatherings (more than ten guests) at the Premises and Residence. g. i. Shall not allow others access to secure areas where the livestock rescue operation animals are located. Shall not dispose of, spill or discharge any oil, gasoline, diesel fuel, chemicals, hazardous substances or products or other pollutants. In the event of any such spill or discharge, MR. HAMILTON shall undertake any and all actions necessary to contain and remove such pollutant(s) from the Premises. k. Shall not commit acts on or about the Premises which may reasonably be construed as discriminating on the grounds of race, color, creed, national origin, sex, marital status, age, disability, any other "protected class" as defined by Oregon or Federal law, or association with any member or members of any of the foregoing classes or persons. 1• 3. TENANT RESPONSIBILITIES AS DESCHUTES COUNTY SHERIFF'S OFFICE EMPLOYEE MR. HAMILTON agrees to fulfill the responsibilities of job description for RANCH CARETAKER attached as Exhibit A. 4. RENT Base rent For use of Residence and Premises as set forth in this Lease, MR. HAMILTON agrees to pay to COUNTY rent in the amount of $900.00 per month. 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 Properties and Facilities Department, 14 NW Kearney Avenue, Bend, Oregon, 97701, or at such other place as may be designated in writing by Lessor. 5. UTILITIES COUNTY will bring water and electricity to the Residence. MR. HAMILTON shall be responsible for payment of 1/3 monthly for the following utilities: electricity and water (including both domestic water and water used for lawn sprinkler irrigation, both supplied by Avion Water). COUNTY shall pay the amount due and separately invoice Mr. Hamilton for Mr. Hamilton's share of the charges. Mr. Hamilton shall pay such amounts within fifteen (15) PAGE 3 OF 10 LEASE AGREEMENT -TENANT 7/20/2011 days of invoice. Mr. Hamilton shall provide his own trash removal, telephone and Internet service for the Residence. If Mr. Hamilton chooses to heat the Residence by means other than electricity, Mr. Hamilton is responsible for supplying the fuel. 6. MAJOR APPLIANCES MR. HAMILTON accepts range currently in residence as -is and accepts responsibility for repair or replacement of range. MR. HAMILTON will supply his own refrigerator, washer and dryer. 7. REPAIR AND MAINTENANCE 7.1 Septic System COUNTY is responsible for repair and maintenance of the septic system 7.2 Routine repair and maintenance Routine repair and maintenance of the Residence is MR. HAMILTON's responsibility. Likewise, MR. HAMILTON shall be responsible for cost of repair for damage to the Residence caused by the actions or neglect of MR. HAMILTON or MR. HAMILTON's domestic partner and her minor children, clients or invitees. If MR. HAMILTON fails or refuses to make any repairs that are required by this Lease, COUNTY may make the repairs and charge the actual costs of repairs to MR. HAMILTON. MR. HAMILTON shall reimburse such expenditures by COUNTY on demand, together with interest at the rate of nine (9) per cent per annum from the date of expenditure by COUNTY. Except in an emergency creating an immediate risk of personal injury or property damage, COUNTY may not perform repairs which are the obligation of MR. HAMILTON and charge MR. HAMILTON for the resulting expense unless at least 30 days before work is commenced COUNTY provides notice in writing to MR. HAMILTON, outlining with reasonable particularity the repairs required, and MR. HAMILTON fails within that time to initiate such repairs in good faith. 7.3. Inspection of Premises COUNTY shall have the right to inspect the premises at any reasonable time or times to determine the necessity of repair and MR. HAMILTON's compliance with its other obligations set forth in this Lease and to make repairs or alterations on the premises. 7.4 Major repairs COUNTY shall be responsible for repairs to the structure, foundation, exterior walls, roof, doors and windows and major repairs, other than those arising from acts or omissions of MR. HAMILTON, its agents or invitees. 8. ALTERATIONS Prior Written Approval No alterations of the Residence may be made by MR. HAMILTON without the prior written approval of COUNTY. All alterations shall be made in a good and workmanlike manner, and in compliance with all applicable laws and building codes. As used herein, "alterations" PAGE 4 OF 10 LEASE AGREEMENT -TENANT 7/202011 includes without limitation renovation, installation of wiring, plumbing and heating. Upon termination of the contract, MR. HAMILTON must restore the Residence to its original condition, reasonable wear and tear excepted. 9. INDEMNIFICATION MR. HAMILTON shall defend, indemnify, and hold harmless, COUNTY, and COUNTY's officers, agents and employees from and against any and all claims, demands or lawsuits, together with all costs, expenses, and liabilities incurred or in connection with each such claim, demand or lawsuit, including attorneys fees and expenses for defense thereof, arising out of or related to any negligent or unlawful activity of MR. HAMILTON on the premises, or to any condition under the control of MR. HAMILTON, or to any representation or warranty under this Lease respecting compliance with legal requirements, including, without limitation, the Americans with Disabilities Act or state and federal environmental laws which are caused by MR. HAMILTON or as a result of MR. HAMILTON's occupancy or use of the Residence. Subject to the limitations of the Oregon Constitution Article XI, Section 10 and ORS 30.260 to 30.300, COUNTY shall have no liability to MR. HAMILTON for any injury, loss, or damage caused by third parties, or by any condition of the Residence except to the extent caused by COUNTY's negligence or breach of duty under this Lease. 10. ASSIGNMENT AND SUBLETTING MR. HAMILTON may not assign this Lease, sublet or allow the use of the Residence or any portion thereof, by any third party. 11 INSURANCE 11.1 Insurance Required MR. HAMILTON shall keep MR. HAMILTON's personal property insured at MR. HAMILTON's expense against fire and other risks covered by a standard Renter's insurance policy. 11.2 Waiver of Subrogation Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard fire insurance policy with an extended coverage endorsement, and in the event of insured Toss, neither party's insurance company shall have a subrogated claim against the other. This waiver shall be valid only if the insurance policy in question expressly permits waiver of subrogation or if the insurance company agrees in writing that such a waiver will not affect coverage under the policies. Each party agrees to use its best efforts to obtain such an agreement from its insurer if the policy does not expressly permit a waiver of subrogation. 12. DAMAGE BY FIRE OR OTHER CASUALTY If the Residence is wholly or partially damaged or destroyed as a result of fire or other casualty, either COUNTY or MR. HAMILTON may terminate this Lease. PAGE 5OF 10 LEASE AGREEMENT -TENANT 7/20/2011 13. DEFAULT The following shall be events of default: 13.1 Failure of MR. HAMILTON to pay Rent or other charge within ten (10) days after the due date for such rent or charge. 13.2 Failure of MR. HAMILTON to comply with any term or condition or fulfill any obligation of this Lease (other than the payment of fee or other charges) within ten (10) days after written notice by COUNTY specifying the nature of the default. If the default is of such a nature that it cannot be completely remedied within the ten-day period, this provision shall be complied with if MR. HAMILTON begins correction of the default within the ten-day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 13.3 Failure of MR. HAMILTON, at any time during the term of this Lease, to occupy the Residence for the purposes permitted under this Lease for fifteen (15) consecutive days. 14. REMEDIES ON DEFAULT 14.1 In the event of default, this Lease may be terminated at the option of the party not in default by notice in writing to the defaulting party. The notice may be given at any time after a grace period of thirty (30) days, unless the Residence is abandoned as defined by paragraph 13.3 by MR. HAMILTON in connection with a default, in which case termination shall be automatic and without notice. 14.2 The foregoing remedies shall be in addition to, and shall not preclude, any other remedy available to either party under applicable law. 15. PERSONAL PROPERTY 15.1 All personal property placed upon or in the Residence during the term by MR. HAMILTON shall remain the property of MR. HAMILTON except as otherwise provided herein. 15.2 Upon abandonment, termination, revocation, or cancellation of this Lease, MR. HAMILTON shall remove from the Residence, within a reasonable time, all personal property of MR. HAMILTON. If MR. HAMILTON fails to remove all or part of such personal property within thirty (30) days, then such personal property shall become the property of COUNTY. 16. SURRENDER OF PREMISES Upon abandonment, termination, revocation or cancellation of this Lease, MR. HAMILTON shall surrender Residence to COUNTY in the same condition Residence was in on the date MR. HAMILTON took possession of Residence, normal wear and tear excepted. Nothing in this Lease shall be construed to relieve MR. HAMILTON of MR. HAMILTON's affirmative obligation to surrender said Residence in a condition which complies with all local, state or federal environmental laws, regulations and orders applicable at the time of surrender. Upon approval by COUNTY, MR. HAMILTON may leave site improvements authorized by any land PAGE 6 of 10 LEASE AGREEMENT - TENANT 7/20/2011 use permit. MR. HAMILTON's obligation to observe and perform this covenant shall survive the expiration or the termination of this Lease. 17. NOTICES Any notice by MR. HAMILTON to COUNTY or COUNTY to MR. HAMILTON must be hand delivered or delivered by certified first class mail, postage prepaid, return receipt requested, addressed to the other below listed parties at the address given below or at such other address as either party may designate by written notice to the other party. TENANT COUNTY Les Hamilton 21395 Rickard Rd Bend, OR 97702 For payments, repairs and notices Susan Ross Property & Facilities Director 14 NW Kearney St. Bend, Oregon 97701 For the Sheriffs Office Lt. Shane Nelson Deschutes County Sheriffs Office 63333 West Highway 20 Bend, Oregon 97701 18. NON -WAIVER Waiver by either party of strict performance of any provision of this Lease shall not be a waiver of or prejudice that party's right to require strict performance of the same provision in the future or of any other provision of this Lease. 19. LAND USE This Lease does not constitute a land use permit, nor does acceptance of this Lease by COUNTY constitute approval of any legislative or quasi-judicial action required as a condition precedent to use of the land for the intended purpose. MR. HAMILTON's right to possession of the Residence pursuant to this Lease is contingent upon the approval of all necessary land use permits, which shall be obtained at MR. HAMILTON's expense. Should any application made by MR. HAMILTON for a land use permit be denied, MR. HAMILTON shall immediately surrender and vacate the Residence. Upon such surrender and vacation, all obligations of MR. HAMILTON under this Lease shall terminate. 20. COUNTY'S RIGHT TO CURE DEFAULTS If MR. HAMILTON fails to perform any obligation under this Lease, COUNTY shall have the option, but shall not be required, to perform any such obligation after thirty (30) days' written notice to MR. HAMILTON. All expenditures of COUNTY to perform any such obligation or to correct any default of MR. HAMILTON shall be reimbursed to COUNTY by MR. HAMILTON PAGE 7 OF 10 LEASE AGREEMENT -TENANT 7/20/2011 on demand by COUNTY with interest at the rate of nine percent (9%) per annum from the date any such expenditure is made by COUNTY. This provision shall not be construed as placing any obligation upon COUNTY to perform any obligation assigned to MR. HAMILTON herein or to cure any default of MR. HAMILTON. 21. HOLDOVER If MR. HAMILTON does not vacate the Residence at the time required, COUNTY shall have the option to treat MR. HAMILTON as a sub -user from month-to-month, subject to all of the provisions of this Lease except those relating to term. 22. LITIGATION FEES AND EXPENSES In the event any action, suit or proceeding, including appeal therefrom, is brought with respect to this Lease or the failure to observe any terms of this Lease, each party shall be responsible for its own attorney's fees, expenses, costs and disbursements for such action, suit, proceeding or appeal. 23. TIME IS OF THE ESSENCE Time is of the essence of each and every provision of this Lease. 24. GOVERNING LAW This Lease shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between COUNTY and MR. HAMILTON that arises from or relates to this Lease shall be brought and conducted solely and exclusively within the Circuit Court of Deschutes County for the State of Oregon; provided, however, if a Claim is brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. MR. HAMILTON, by execution of this lease, hereby consents to the in personam jurisdiction of said courts. 25. SEVERABILITY If any term or provision of this Lease is declared by a court of competent jurisdiction to be void, invalid or unenforceable, the validity of the remaining terms and provisions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if this Lease did not contain the particular term or provision held to be void, invalid or unenforceable. 26. AUTHORITY The signatories of this Lease covenant that they possess the legal authority to bind their respective principals to the terms, provisions and obligations contained in this Lease. PAGE 8 OF 10 LEASE AGREEMENT -TENANT X20/2011 27. ENTIRE AGREEMENT This Lease constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any and all prior or contemporaneous negotiations and/or agreements between the parties, whether written or oral, concerning the subject matter of this Lease, which are not fully expressed herein. This Lease may only be modified or amended by a writing signed by all parties to this Lease. Dated this j"--- of , 2011 Dated this L- of iA , 2011 U TENANV' DESCHUT4 COUNTY HERIFF'S OFFICE L4 LTES HAMILTON Attest: Recording Secretary BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair ALAN UNGER, Commissioner PAGE 9 OF 10 LEASE AGREEMENT -TENANT 7202011 EXHIBIT A RANCH CARETAKER JOB DUTIES Job Requirements: Knowledge and Skills: Requires knowledge of basic maintenance of buildings and ranch property and animal care. Position will also require detailed accounting of hours spent on caretaker functions. Physical Abilities: Requires ambulatory ability to walk on ranch property; physical ability to care for livestock and maintain buildings and ranch property. 1. Facilitate and maintain a clean and safe environment for facility residents, and DCSO employees at the ranch. Caretaker is responsible for maintaining the exterior of the residence and grounds including driveway, sidewalk, parking and entry areas. 2. Caretaker is responsible for maintenance of building and property including but not limited to work order requests, replacing light bulbs, resetting circuit breakers, monitoring corrals and pens, repairing fences and gates. DCSO will provide material for repairs 3. Caretaker will reside at the ranch on a 24 hours a day/7 days a week basis to ensure the security of the DCSO operation and welfare of the animals being kept at the ranch. 4. Caretaker is responsible for security on a 24 hours a day/7 days a week basis. Caretaker shall be available to answer all after-hours emergency calls promptly, within 15 minutes. Caretaker shall call DCSO supervisors to report any suspicious behavior immediately. Caretaker will maintain a landline phone or cell phone and battery with voicemail capability at caretaker's expense. 5. Caretaker will tend to livestock after hours in the event of an urgent situation or emergency. DCSO will provide supplies for care of livestock. 6. Caretaker will perform other projects related to caretaker position as directed by DCSO supervisors. 7. Caretaker will notify supervisor when Caretaker will not be available for emergency calls or security. Supervisor must approve caretaker's unavailability. 8. Caretaker will provide a separate monthly accounting of hours worked on caretaker functions in addition to those hours present at ranch. 9. Caretaker will receive from the DCSO a housing stipend of $500.00 monthly. Caretaker understands that this housing stipend is subject to state and federal taxes. 10. Caretaker will not receive on-call or over -time pay for caretaker functions. Caretaker will receive $21.84 per hour for caretaker functions of major maintenance as approved by DCSO supervisor PAGE 10 OF 10 LEASE AGREEMENT- TENANT 7'20/2011