HomeMy WebLinkAboutDoc 434 - Rickard Rd. Lease AgrmtDeschutes 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 September 30, 2009
DATE: September 16, 2009
FROM: Sue Brewster Department: Sheriffs Office Phone # 385 -1714
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2009 -434, a Lease Amendment for County -owned
Property at 21395 Rickard Road, Bend.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Landlord and Assignee entered into an Assignment of Lease (Document #2008 -009) with an
effective date of February 1, 2008, for property located at 21395 Rickard Rd., Bend, OR 97701
..
Landlord, by and through its Sheriff's Office, wishes to use a portion of the premises fc r
rehabilitation and treatment services to homeless, injured and /or ill animals from Deschutes County.
Assignee is agreeable to said use of the premises. The Landlord and the Assignee wish to amend
the lease to allow for such use of the premises.
FISCAL IMPLICATIONS:
There will be costs for the property improvements and ongoing care of the animals.
RECOMMENDATION & ACTION REQUESTED:
Sign Lease Amendment, Document #2009 -434, between Deschutes County ( "Landlord ") and Dr.
Byron Maas ( "Assignee ").
ATTENDANCE:
Sue Brewster, Sheriff's Office
DISTRIBUTION OF DOCUMENTS:
Return originals to Sue Brewster, Legal Counsel, Sheriff's Office for distribution.
DESCHUTES COUNTY DOCUMENT SUMMARY
Date: September 16, 2009 Department: Sheriffs Office
Contractor /Supplier /Consultant Name: N/A
Contractor Contact: Contractor Phone #:
Type of Document: Document 2009 -434 is a Lease Amendment
Goods and /or Services: Landlord and Assignee entered into an Assignment of Lease
(Document #2008 -009) with an effective date of February 1, 2008, for property located
at 21395 Rickard Rd., Bend, OR 97702. Landlord, by and through its Sheriff's Office,
wish to use a portion of the premises for a large animal rescue operation and Assignee
is agreeable to said use of the premises. The Landlord and the Assignee wish to
amend the lease to allow for such use of the premises.
Background & History: County is the owner of certain property known as 21395
Rickard Rd., Bend, Oregon 97702 and Lessee is a provider of services for homeless,
injured and ill animals from the surrounding community. County desires to authorize
Lessee to use the premises to provide Lessee's operation.
Agreement Starting Date: September 2, 2009 Ending Date: May 1, 2011
Annual Value or Total Payment: Assignee pays County rent in the amount of Twenty
Dollars ($20.00) per month. Such sum is paid on an annual basis ($240.00) in advance
on or before April 1 of each year.
Insurance Certificate Received (check box)
Insurance Expiration Date:
0 I A-
Check all that apply:
n 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
9/16/2009
Special conditions attached to this grant:
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 n No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Sue Brewster Phone #: 388 -6657
Sheriff's Approval:
Date
Distribution of Document: Return originals to Sue Brewster, Legal Counsel,
Sheriffs Office, for distribution.
Official Review:
County Signature Required (check one): ® BOCC ❑ Department Director (if
<$25K)
El Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review ; )U4 t � __ Date �1 // 0 1
Document Number 2009 -434
9/16/2009
REVIEWED
LEGAL COUNSEL
LEASE AMENDMENT
THIS LEASE AMENDMENT is made and entered into by and between DESCHUTES COUNTY
( "Landlord ") and Dr. Byron Maas ( "Assignee ").
WITNESSETH:
WHEREAS, Landlord and assignee entered into an Assignment of Lease (DC 2008 -009) with an
effective date of February 1, 2008, for property located at 21395 Rickard Rd., Bend, OR 97702, more fully
described as:
The North Half of the Northeast Quarter of the Northwest Quarter (N1/2 NEI /4 NWI /4) of Section Twenty - three
(23), Township Eighteen (18) South, Range Twelve (12) East of the Willamette Meridian, Deschutes County,
Oregon. EXCEPT that portion lying within the right of way of Arnold Market Road; together with a parcel of
land located in the Northwest one - quarter of Section 23, Township 18 South, Range 12 East, of the
Willamette Meridian, Deschutes County, Oregon and being more particularly described as follows: Beginnin
at a point located South 89 °26'50" East 10.8 feet from the Southwest corner of the North one -half of the
Northeast one - quarter of the Northwest one - quarter of the above mentioned Section 23, with said point beinc.
the intersection of the South line of said North one -half of the Northeast one - quarter of the Northwest one -
quarter of said Section 23 and an existing North -South fence line; thence along said South line, South
89 °26'50" East 790.96 feet to the intersection with an existing fence line; thence along said fence line South
71 °24'00" West 831.66 feet to an existing fence corner in the aforementioned North -South fence; thence
along said North -South fence North 00 °34'01" West 272.91 feet to the point of beginning.
( "the Premises "), and
WHEREAS, Landlord, by and through its Sheriff's Office, wish to use a portion of the Premises for a
large animal rescue operation and Assignee is agreeable to said use of the Premises, and
WHEREAS, Landlord and Assignee therefore wish to amend the lease to allow for such use of the
Premises;
NOW, THEREFORE, Landlord and Assignee agree that the Lease is hereby amended with new
language set out in bold to read as follows:
1. Section 1, SPACE, is amended to read: "County agrees to lease to Lessee and Lessee agrees to
lease the portion of the Premises from County hereafter referred to as "Lessee's Portion ",
which consists of the residence, outbuildings located along side the residence, the hay
barn, the west pasture and the large riding arena, all of which are depicted in green on
Exhibit A, attached hereto and by this reference fully incorporated herein.
2. Section 5, UTILITIES, is amended to read: "Lessee shall be responsible for payment of all utilities
for Lessee's Portion, including with out limitation, water ( including both domestic water and
water used for the sprinkler irrigation, both supplied by Avon Water), sewer, garbage, electrical,
heat, phone, internet and communication."
3. Subsection 6.1 under REPAIR AND MAINTENANCE, is amended to read, "Routine repair and
maintenance of Lessee's Portion is the Lessee's responsibility. Lessee shall be responsible fc
the cost of repair for the damage of the Premises caused by the actions or neglect of Lessee or
Lessee's employees, clients and invitees."
Page 1 of 2— LEASE AMENDMENT
Document No. 2009 -434
4. Section 8 "INDEMNIFICATION" is amended to read:
8.1 Lessee shall defend, indemnify, and hold harmless, County, its 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 the activity of Lessee on the Premises, or to any condition under the
Americans with Disabilities Act or Environmental Laws which is, caused by Lessee or as a
result of Lessee's use of the Premises. County shall have no liability to Lessee for any
injury, loss, or damage caused by Lessee's invitees, or by any condition of Lessee's
Portion of the Premises, except to the extent such injury, loss or damage is caused by
County's negligence or breach of this Lease."
8.2 County shall defend, indemnify, and hold harmless, Lessee and Lessee'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 the activity of County on the Premises, or to any condition under the
Americans with Disabilities Act or Environmental Laws which are, caused by County or as
a result of County's use of the Premises. Lessee shall have no liability to County for any
injury, loss, or damage caused by County's invitees, or by any condition of the Premises
except to the extent such injury, Toss or damage is caused by Lessee's negligence or
breach of this Lease."
The effective date of this Lease Amendment is September 2, 2009. In all other respects the Lease shall be
and remain in full force and effect.
LESSOR: BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
ASSIGNEE:
Page 2 of 2— LEASE AMENDMENT
Document No. 2009 -434
TAMMY BANEY, Chair
DENNIS R LUKE, Vice Chair
ALAN UNGER, Commissioner
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Exhibit
http: //lava5.deschutes.org/ maps /dsp_dogmap.cfm ?taxlot= 1812230000400 3/ 1/2009