HomeMy WebLinkAboutAmend Construction Lease - SwalleyDeschutes 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 April 1, 2009
Please see directions for completing this document on the next page.
DATE: 03/13/2009
FROM: Teresa Rozic Property & Facilities 385 -1414
TITLE OF AGENDA ITEM:
Consideration of signature by County Administrator of Document 2009 -146, an amendment to a
temporary construction lease with Swalley Irrigation District.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County owns a 107 -acre tract of land north of Fort Thompson Lane on the west side of
Highway 97. Swalley piped the irrigation canal on a portion of this property and began construction of
a hydroelectric plant last year. Deschutes County leased Swalley temporary work space for this project.
Swalley is waiting for manufacture and delivery of a generator. Swalley requested that Deschutes
County extend the Temporary Construction Lease until April 15, 2010. They will continue to pay the
same rent. Deschutes County Code Chapter 2.05.06C.7 authorizes the County Administrator to direct
the use of county property.
FISCAL IMPLICATIONS:
Annual rental income is $1,800.00
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2009 -146 by the County Administrator.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
One fully signed original to Teresa Rozic for transmittal to 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.)
Please complete all sections above the Official Review line.
Date: 03/13/2009 Department:
Contractor /Supplier /Consultant Name:
Contractor Contact:
Property & Facilities
Swalley Irrigation District
Jan Lee, Manager
Type of Document: Lease Amendment
Goods and /or Services: Extend existing lease
Contractor Phone #:
388 -0658
Background & History: Deschutes County owns a 107 -acre tract of land north of
Fort Thompson Lane on the west side of Highway 97. Swalley piped the irrigation canal
on a portion of this property and began construction of a hydroelectric plant last year.
Deschutes County leased Swalley temporary work space for this project. Swalley is
waiting for manufacture and delivery of a generator. Swalley requested that Deschutes
County extend the Temporary Construction Lease until April 15, 2010. They will
continue to pay the same rent.
Agreement Starting Date:
04/16/2009
Annual Value or Total Payment:
Ending Date:
04/15/2010
Annual rental payment is $1,800.00
Insurance Certificate Received (check box)
Insurance Expiration Date:
Check all that apply:
RFP, Solicitation or Bid Process
Informal quotes ( <$150K)
Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
01/01/2010
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:
3/13/2009
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: 1 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
Date
Distribution of Document: Please return one original document to Teresa Rozic for
transmittal to Lessee.
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
Administrator (if >$25K but <$ 50K; if >$150K, BOCC Order No. )
Legal Review
Document Number0C ® 0 0 9
Date
3- 2a,otj
3/13/2009
LEASE AMENDMENT
THIS LEASE AMENDMENT is made and entered into by and between
DESCHUTES COUNTY ( "Lessor ") and SWALLEY IRRIGATION DISTRICT ( "Lessee ").
WITNESSETH:
WHEREAS, Lessor and Lessee entered into a Temporary Construction Lease
(Document No. 2006 -575) on December 1, 2006 ( "the Lease "); and
WHEREAS, Lessor and Lessee extended the term of the Lease (DC 2007 -184 and
DC 2008 -168), and
WHEREAS, Lessee's construction project has been delayed; and
WHEREAS, the parties desire to amend the term of the Lease;
NOW, THEREFORE, the parties agree that the Lease is hereby amended to read as
follows:
1. Term: The term of this Lease shall commence as of November 15, 2006 and continue
through April 15, 2010, unless sooner terminated.
Except as otherwise provided in this Addendum, the terms and conditions of the
Lease remain in effect.
The parties have executed this Lease the day of 2009.
LESSOR: DESCHUTES COUNTY, OREGON
By
Dave Kanner, County Administrator
LESSEE: SWA " RIGATI O ' DISTRICT
By Are
Manager
Document 2009 -168
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MAR 1 6 2009