HomeMy WebLinkAboutDoc 638 - Lease Amend - State - OSP BldgDeschutes 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 October 27, 2010
Please see directions for completing this document on the next page.
DATE: October 18, 2010
FROM: Teresa Rozic Property & Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of signature of Document 2010-638, a Lease Amendment between Deschutes County
and the State of Oregon.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
In January 2008, Deschutes County purchased property located at 63319 Jamison Street, Bend, Oregon.
The Oregon State Police (OSP) operated from a building on this property under a lease dated November
13, 1986. By various amendments, the lease is in effect until January 31, 2011.
Deschutes County constructed a new OSP facility on the Public Safety Complex. OSP moved into the
building and a new lease (DC 2008-588) between OSP and Deschutes County became effective July 5,
2010. This Lease Amendment will terminate the 1986 lease.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2010-638.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Return all three signed originals to Teresa Rozic for transmittal to the DAS Facilities Division. The
DAS will return one fully signed document to us.
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:
10/18/2010
Please complete all sections above the Official Review line.
Department:
Property & Facilities
Contractor/Supplier/Consultant Name: Department of State Police
Contractor Contact: Brian Patton- Oregon Dept. Administrative Services
Contractor Phone #: 503.373.7136
Type of Document: Lease Amendment - Termination
Goods and/or Services: N/A
Background & History: In January 2008, Deschutes County purchased property
located at 63319 Jamison Street, Bend, Oregon. The Oregon State Police (OSP)
operated from a building on this property under a lease dated November 13, 1986. By
various amendments, the lease is in effect until January 31, 2011.
Deschutes County constructed a new OSP facility on the Public Safety Complex. OSP
moved into the building and a new lease (DC 2008-588) between OSP and Deschutes
County became effective July 5, 2010. This Lease Amendment will terrninate the 1986
lease.
Agreement Starting Date:
07/05/2010
Annual Value or Total Payment:
None
Ending Date:
N/A — Self -Insured ❑ Insurance Certificate Received (check box)
Insurance Expiration Date:
L
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:
10/18/2010
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: ❑ 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: l (
Signature Date
Distribution of Document: Return all three signed originals to Teresa Rozic for
transmittal to the DAS Facilities Division. The DAS will return one fully signed
document to us.
Official Review:
County Signature Required (check one): El BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Number 2010-638
10/18/2010
STATE OF OREGON
LEASE AMENDMENT
THIS LEASE AMENDMENT, dated September 28, 2010, is made by and between DESCHUTES COUNTY, a
political subdivision of the State of Oregon, as successor in interest to DEL KENNEL, DOLORES KENNEL
AND DARLENE J. PAISE, TRUSTEE OF THE CHESTER M. PAISE AND DARLENE J. PAISE FAMILY
TRUST B (Lessor) and the STATE OF OREGON, acting by and through its Department of State Police
(Lessee).
Lessor and Lessee are parties to a lease dated November 13, 1986, as amended or supplemented by lease
amendments dated August 8, 1988, March 9, 1989, May 5, 1997, October 18, 2006, and September 12, 2007,
(herein referred to as the Lease), covering Premises described as State Police Facility, located in a 2.1 acre site
described as 63319 Jamison Street, Bend, Oregon, County of Deschutes. Facility includes 11,812 square feet of
office and lab facility and 3,672 square feet of shop building.
Lessor and Lessee desire to terminate the Lease.
In consideration of the mutual agreements contained herein, Lessor and Lessee agree that the Lease shall be
supplemented and terminated as follows:
1. Change of Ownership. Effective January 1, 2008, Deschutes County, a political subdivision of the
State of Oregon, is successor in interest to DEL KENNEL, DOLORES KENNEL AND DARLENE J. PAISE,
TRUSTEE OF THE CHESTER M. PAISE AND DARLENE J. PAISE FAMILY TRUST B, per the attached
Exhibit D — Warranty Deed.
2. Termination. The term of the Lease shall be terminated effective July 5, 2010.
This Lease Termination shall not become effective nor be binding on the State of Oregon or the Lessee agency
until it has been executed, in the signature spaces provided below, by all parties to the Lease Amendment
DC 2010-638
Page 1 DAS LEASE CONTROL NUMBER 100899
Lessee Initial & Date , i / o —Gf -CO Lessor Initial & Date
LESSOR:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, CHAIR
ALAN UNGER, VICE CHAIR
Recording Secretary TAMMY BANEY, COMMISSIONER
Date:
Tax ID Number 93-6002292
REVIEWED
LEGAL COUNSEL
LESSEE: STATE OF OREGON acting by and through its
Department of StateoliceD
By
Date / 6 —11-1
r7
APPROVAL: STATE OF OREGON acting by and through its
Department of Administrative Services
By
Facilities Division
Date
LIST OF EXHIBITS
1. Exhibit D — Warranty Deed (attached)
TERMIN 0899 BEND
8/23/10 bp d5
DC 2010-638
Page 2 DAS LEASE CONTROL NUMBER 100899
Lessee Initial & Date
v746sor
Initial & Date
c
After recording return to:
WESTERN TITLE & ESCROW COMPANY
1345 NW WALL STREET, STE 200
BEND, OR 97701
DESCHUTES COUNTY OFFICIAL RECORDS
NANCY ELANKENSNIF, COUNTY CLERK
100841659
11111 $51.00
01/31/2038 12:18:27 PA
b -D Cnt.1 Stn.30 CLERK
*25.00 *11.00 *10.00 *5.00
Until a change is requested all tax statements
shall be sent to the following address:
DESCHUTES COUNTY PROPERTIES & FACILITIES DEPT.
SUSAN ROSS
1300 NW WALL ST.
BEND, OR 97701
WARRANTY DEED -- STATUTORY FORM
DARLENE J. PAISE, TRUSTEE OF TEE CHESTER M. PAISE AND DARLENE J. PAISE FAMILY
TRUST B, DATED FEBRUARY 16, 2004, AS TO AN UNDIVIDED ONE HALF INTEREST; AND
DELMAR D. KENNEL AND DOLORES A. KENNEL. CO -TRUSTEES OF THE DELMAR AND DOLORES
KENNEL JOINT TRUST DATED JULY 21, 2005, AS TO AN UNDIVIDED ONE-HALF INTEREST,
Grantor, conveys and warrants to DESCHUTES COUNTY, A MUNICIPAL CORPORATION,
STATE OF OREGON, Grantee, the following described real property, free of
encumbrances except as specifically wet forth herein, to wit:
A portion of the Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4)
of Section 17, Township 17 South, Range 12 East of the Willamette Meridian,
Deschutes County, Oregon, being more particularly described as follows:
Beginning at the East Quarter corner to Section 17; thence South
00-13'51" Wait, 1322.02 feet to the South 1/16th corner; thence North 89-49'10"
West, 80.77 feet to the Westerly right of way of a frontage road; thence North
18'29'14" West, 321.94 feet to the true point of beginning of this
description; thence continuing North 18-29'14" West, 251.15 feet; thence South
80-23'45" West, 395.49 feet; thence South 08-20'44" East, 172.64 feet; thence
South 89-49'10" East, 444.54 feet to the true point of beginning. TOGETHER
WITH the Northerly 10 feet of the following described parcel: A portion of the
Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4) of Section 17,
Township 17 South, Range 12 East of the Willamette Meridian, Deschutes
County, Oregon, being more particularly described aa follows: Beginning at the
East Quarter corner to Section 17; thence South 00-13.51" Weat, 1322.02 feet to
the South 1/16th corner; thence North 89-49'10" Weat, 80.77 feet to the
Westerly right of way of a frontage road; thence North 18-29'14" West, 179.44
feet to the true point of beginning of this description; thence continuing
North 18'29'14" West, 142.50 feet; thence North 89-49'10" West, 444.54 feet;
thence South 08-20'44" East, 136.51 feet; thence South 89-49'10" East, 469.91
feet to the true point of beginning.
Tax Account No(s): 118057
Map/Tax Lot No(s): 17 -12 -17 -DO -00102
This property is free from encumbrances, EXCEPT: those items of record as
referenced on attached Exhibit 'A".
The true consideration for this conveyance is $ 2,600,000.00.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON TRANSFERRING PEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER SECTIONS 2, 3 AND 5 TO 22 OF CHAPTER
424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE
SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY
SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE
UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN
ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE
ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND
TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER SECTIONS 2, 3
AND 5 TO 22 OF CHAPTER 424, OREGON LAWS 2007.
Dated this O day of January, 2008.
RECORDED BY
WESTERN TITLE &ESCROW CO.
/D .p3/76,07
THE DELMAR AND DOLORES KENNEL JOINT
TRUST
BY:
DELMAR D. KENNEL,
CO -TRUSTEE
EXHIBIT D
r
0 .
BY: )C44" Q�
DOLORES A. L,
CO -TRUSTEE
THE CHESTER M. PAISE AND DARLENE J.
PAISE FAMILY TRUST
BY:
DARLENE J. PAISE,
TRUSTEE
STATE OF OREGON, COUNTY OF DESCHUTES ) SS.
This instrument was acknowledged before me on January I , 2008 by DELMAR D
KENNEL and DOLORES A. KENNELL CO -TRUSTEES THE DELMAR AND DOLORES KENNEL JOINT
TRUST. r�
(Notary Pub for Or:gon)
My commission expires
7�[d-09
STATE OF CALIF., COUNTY OF
) SS.
OFFICIAL SEAL
'F = BEVERLY MC KAY
I \ NOTARY PUBLIC -OREGON
COMMISSION NO. 392976
MY COMMISSION EXPIRES JULY 18 2009
This instrument was acknowledged before me on January , 2008 by
DARLENE J. PAISE, TRUSTEE OF THE CHESTER M. PAISE AND DARLENE J. PAISE FAMILY
TRUST B
(Notary Public for CALIFORNIA)
My commission expires
TITLE NO.
ESCROW NO.
10-0317607
10-0317607
0 .
BY:
DOLORES A. KENNEL,
CO-TRUSTBE
THE CHESTER M. PAISE AND DARLENE J.
PAISE FAMILY TRUST
BY:ok
D ENE
TRUSTEE
STATE OF OREGON, COUNTY OF DESCHUTES ) SS.
This instrument was acknowledged before me on January , 2008 by DELMAR D
KENNEL and DOLORES A. KENNELL CO -TRUSTEES THE DELMAR AND DOLORES KENNEL JOINT
TRUST.
(Notary Public for Oregon)
My commission expires
STATE OF CALIF., COUNTY OF
L 1t
SS.
This instrument was acknowledged before me on January 1, 2008 by
DARLENE J. PAISE, TRUSTEE OF THE CHESTER M. PAISE AND DARLENE J. PAISE FAMILY
TRUST B
..r
(Nota
My commission expires
TITLE NO.
ESCROW NO.
10-0317607
10-0317607
KRIST NA N. ESPARZASMITH
COMM.
COMM. EXP. MAS Y 22 2008
'xHI91T "A"
l.` Taxes or assessments wh,, not shown as existing liens by the recordrof any taxing au,..
that levies taxes or assessments on real property or by the public record; proceedings by a public
agency which tnay result in taxes or assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easement, not shown by the public records, reservations or exceptions in
patents or in acts authorizing the issuance thereof, water rights, claims or title to water.
4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of
existing improvements located on adjoining land onto the subject land), encumbrance, violation,
variation, or adverse circumstance affecting the title that would be disclosed by an accurate and
complete land survey of the subject land.
5 Any lien, or right to lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
6. Regulations, including levies, liens, assessments, water and irrigation rights and easements for
ditches and canals of Swalley Irrigation District .
7. The rights of the public in and to that portion of the herein described property lying within the
limits of roads and highways.
8. The existence of roads, railroads, irrigation ditches and canals, telephone, telegraph and power
transmission facilities.
9. An easement created by instrument, including the terms and provisions thereof,
Recorded May 8, 1931
Document No.: 50-90, Deed Records
In favor of: Deschutes Reclamation and Irrigation Company
10. Limited access in deed to State of Oregon, by and through its Department of Transportation,
Highway Department which provides that no right or easement or right of access to, from or
across the State Highway other than expressly provided therein shall attach to the abutting
property,
Recorded: May 31, 1951
Document No.: 97-382, Deed Records
11. An easement created by instrument, including the terms and provisions thereof,
Dated: June 16, 1959
Recorded:
Document No.:
In favor of:
September 16, 1959
123-158, Deed Records
Pacific Power and Light Company
12. Agreement, including the terms and provisions thereof,
Dated: November 30, 1984
Recorded: December 3, 1984
Document No.: 82-731, Official Records
13. Development Agreement, including the terms and provisions thereof,
Recorded: November 12, 1986
Document No.: 136-1420, Official Records
14. An easement created by instrument, including the terms and provisions thereof,
Dated: February 3, 1987
Recorded: February 4, 1987
Document No.: 140-2452, Official Records
In favor of: Pacific Power & Light Company
15. Sewer Hook-up Agreement, including the terms and provisions thereof,
Recorded: April 15, 1987
Document No.: 144-1101, Official Records
16. Water Facilities Easement Deed created by instrument, including the terms and provisions thereof,
Recorded: April 15, 1987
Document No.: 144-1106, Official Records
In favor of: City of Bend, an Oregon municipal corporation
17. An easement created by
Dated:
Recorded:
Document No.:
In favor of:
instrument, including the terms and provisions thereof,
June 19, 1987
November 19, 1987
154-2934, Official Records
City of Bend, a municipal corporation
18. Unrecorded Lease, as disclosed in instrument
Recorded: April 27, 1988
Document No.: 162-1955, Official Records
20. Existing leases and tenancies, if any.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
ACCEPTANCE OF DEED
DESCHUTES COUNTY does hereby accept the Statutory Warranty Deed to real property
herein described.
DATED this Z'3'1- day of
ATTEST:
RECORDING SECRETARY
STATE OF OREGON ) '
) ss.
County of Deschutes )
008.
GRANTEE:
IS R. LUKE,
ON,4_
TAM "A ' ` : LTON, VICE -CHAIR
MICHAEL M. DALY, COMMISSIONER
OFFICIAL SEAL
BONNIE BAKER
NOTARY PUBLIC -OREGON
COMMISSION NO. 414319
MY'CCOMISSION EXPIRES FEB. 23 2011
(21
Before me, a Notary Public, personally appeared j' Ls I , (UC- "“*(-
and
�and acknowledged the foregoing instrument on behalf of
hu_lfes ) , 0114 s$( 07t64:5
DATED this day of
08.
Notary Public for Oregon
My Commission Expires:
