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Home My WebLink AboutLease Agrmt - Keller WilliamsDeschutes County Board of Commissioner; 1300 NW Wall St., Suite 200, Bend, OR 97701-1961 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of January 7, 2009 Please see directions for completing this document on the next page. DATE: December 26, 2008 FROM: Teresa Rozic Property and Facilities 385-1414 TITLE OF AGENDA ITEM: Consideration of County Administrator signature of Document No. 2009-006 a Lease Amendment between Deschutes County, Lessor, and The 7th Level, LLC (Keller Williams Central Oregon Real y), Lessee. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: Keller Williams Central Oregon Realty has leased space at this location for the last three years. They exercised their option to renew the lease for an additional two years but released approximately 1,675 square feet of space. The revised lease is for 5,105 square feet; the rental rate is sixty (60) cents per square foot. The lessee continues to be responsible for payment of property taxes and utilities for the portion of the building they occupy. The lessee agreed to allow Deschutes County to use the office furniture in the space they released. County staff, as needed, may occupy that space. FISCAL IMPLICATIONS: $36,756.00 annual rental income. RECOMMENDATION & ACTION REQUESTED: Staff recommends Board to authorize County Administrator's signature of the Lease Amendment. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: One signed original to Teresa Rozic for the Lessee. 01/20/2010, 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: 12/26/08 Please complete all sections above the Official Review line. Department: Contractor/Supplier/Consultant Name: Oregon Realty), Lessee Contractor Contact: Michael Ronnie Type of Document: Lease Amendment Goods and/or Services: Property and Facilities The 7th Level, LLC (Keller Williams Central Extend existing lease Contractor Phone #: 788-8244 Background & History: Keller Williams Central Oregon Realty has leased space at this location for the last three years. They exercised their option to renew the lease for an additional two years but released approximately 1,675 square feet of space. The revised lease is for 5,105 square feet; the rental rate is sixty (60) cents per square foot. The lessee continues to be responsible for payment of property taxes and utilities for the portion of the building they occupy. The lessee agreed to allow Deschutes County to use the office furniture in the space they released. County staff, as needed, may occupy that space.0 Agreement Starting Date: 01/20/2009 Annual Value or Total Payment: Ending Date: $36,756.00 annual rental income ® Insurance Certificate Received (check box) Insurance Expiration Date: 01/31/2011 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? 7 Yes ❑ No If No, has budget amendment been submitted? ❑ Yes 0 No Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No Special conditions attached to this grant: 12/30/2008 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:1Te rsa Rozic, Property SpecialistPhone #: 385-1414 Department Director Approval: / ---- ' `¢ la �j /c Signature Date Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Return one signed original to Teresa Rozic for transmittal to 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 Document Number 2009-006 Date 12/26/200 REVIEWED LEGAL COUNSEL LEASE AMENDMENT THIS LEASE AMENDMENT is made and entered into by and between DESCHUTES COUNTY ("Lessor") and THE 7TH LEVEL, LLC ("Lessee"). WITNESSETH: WHEREAS, Lessor and Lessee entered into a Lease (DC 2006-002) with an effective dat( of January 20, 2006, for approximately 6,780 sq. ft. of office space located at 1340 NW Wall StreE t, Bend, Deschutes County, Oregon, and WHEREAS, Lessor and Lessee entered into an Addendum to Lease (DC 2006-052); and WHEREAS, Lessee and Lessor wish to extend the term of the lease and make other changes; NOW, THEREFORE, Lessor and Lessee agree that the Lease is hereby amended to reac as follows: 1. The description of the Premises is amended to read, "Approximately five thousand ons hundred five (5,105) square feet of office space located at 1340 NW Wall Street, Benc, Oregon 97701, Deschutes County, more particularly shown in Exhibit 'A_1' attached hereto and made a part hereof." 2. Section 1 "Term" is amended to read, "The original term of this Lease shall be effective January 20, 2006, and shall continue through January 31, 2011, a period of sixty (60) months." 3. Section 2a) "Rent" is amended to read, "The base rental rate shall be $.60 per square foot, per month. See Exhibit 'B' attached hereto and made a part hereof." The effective date of this Lease Amendment is January 20, 2009. In all other respects the Lease shall be and remain in full force and effect. LESSOR: LESSEE: Deschutes County THE 7TH LEVEL, LLC By: By: Dave Kanner Michael J. Nichols County Administrator Operating Partner Date: Date: Page 1 of 1— LEASE AMENDMENT Document No. 2009-006 D.C. SERVICES BUILDING �Yn 1340 NW WALL ST. FLOOR PLAN 01910014 STEELE ASSOCIATES • ARCHITECTS LLC 686 NW YORK DRIVE BEND, OR 97701 541.383.9867 FAX 541.385.8816 tnfo®steele•arch.com SCHEDULE OF LEASE PAYMENTS KELLER WILLIAMS REALTY 1340 NW WALL STREET, BEND OR Month Period Amount Due 1 February 2009 2 March 2009 3 April 2009 4 May 2009 5 June 2009 6 July 2009 7 August 2009 8 September 2009 9 October 2009 10 November 2009 11 December 2009 12 January 2010 13 February 2010 14 March 2010 15 April2010 16 May 2010 17 June 2010 18 July 2010 19 August 2010 20 September 2010 21 October 2010 22 November 2010 23 December 2010 24 January 2011 $ 3, 063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 $ 3,063.00 "EXHIBIT B" ACD„, CERTIFICA i _ OF LIABILITY INSUR)-..JCE DATE IMM/DD/YYYYI 12/021: 008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER LUMBERMENS INSURANCE PO BOX 940 BEND, OR 97709 (888) 661-3938 XV792 882 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED THE 7TH LEVEL LLC DBA KELLER WILLIAMS CENTRAL OREGON 1340 NW WALL STREET BEND, OR 97701 INSURER A:THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT INSURER B: THE TRAVELERS INDEMNITY COMPANY INSURER C: INSURER D: INSURER E: COVERAGES 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 I;SUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DD/YY) POLICY EXPIRATION DATE IMM/DD/YY) LIMITS A X GENERAL X LIABIITY COMMERCIAL GENERAL LIABILITY 680-3208C313-09 01/20/2009 01/20/2010 EACH OCCURRENCE $1,OOl) 000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,[)00 CLAIMS MADE [X I OCCUR MED EXP (Any one person) $ 5,00{) X HIRED AUTO PERSONAL & ADV INJURY $ 1,000,000 X NON OWNED AUTO. GENERAL AGGREGATE $ 2,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- 5(1 POLICY JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 1 i:.SCHUTES gISK '`T s.. ��' �() / E �,. .� COLNT MANAGEMENT i .1 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person( $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLA x] X LIABILITY OCCUR I 'CLAIMS MADE DEDUCTIBLE RETENTION $ 5,000 CUP -3303Y281-09 01/20/2009 01/20/2010 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC STATU- OT}i TORY LIMITS ER EL. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE • POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS AS RESPECTS TO GENERAL LIABILITY, CERTIFICATE HOLDER IS ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES CG 20 11 FOR THE FOLLOWING LOCATION : 1340 NW WALL STREET, BEND, OR 97701 CERTIFICATE HOLDER CANCELLATION DESCHUTES COUNTY 1300 NW WALL, SUITE 200 BEND, OR 97701 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE 10 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD CORPORATION 1988