HomeMy WebLinkAboutDoc 666 - Assign Lease - Coffee Svs - Courts,J-rES
0 0U a
0 { Deschutes County Board of Commissioner:
1300 NW Wall St., Suite 200, Bend, OR 97701 -196(
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.or
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of November 30, 2009
Please see directions for completing this document on the next page.
DATE: November 13, 2009
FROM: Teresa Rozic Property & Facilities 385 -1414
TITLE OF AGENDA ITEM:
Consideration of County Administrator's Signature of Document 2009 -666, an Assignment of Leas.
between Deschutes County and Anderson Legal Grounds LLC.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County entered into a lease with KG's Bistro LLC in July of this year to provide coffee cart
services in the Justice Building. The Lessee sold the business and he wishes to assign the lease to t'ie
new owner, Anderson Legal Grounds LLC. The lease allows an assignment, with written consent of
the Lessor.
The lease is for coffee services, food and beverages for sale to the public at a 200 square foot location
on the second floor of the Justice Building, 1100 NW Bond Street, Bend. This is a two -year lease with
an option to renew. In exchange for the benefit to the general public and state and county employees,
the County does not charge rent.
The new owner, Brandy Anderson, agrees to accept the original lease terms.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2009 -666.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
One fully signed original to Teresa Rozic for the 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.)
Date:
11/13/09
Please complete all sections above the Official Review line.
Department:
Contractor /Supplier /Consultant Name:
Contractor Contact:
Brandy Anderson
Property & Facilities
Anderson Legal Grounds LLC
Type of Document: Assignment of Lease
Contractor Phone #:
Goods and /or Services: Lease for a coffee cart in the Justice Building
280 -1588
Background & History: Deschutes County entered into a lease with KG's Bistro LLC
in July of this year to provide coffee cart services in the Justice Building. The Lessee
sold the business and he wishes to assign the lease to the new owner, Brandy
Anderson. The lease allows an assignment, with written consent of the Lessor.
The lease is for coffee services, food and beverages for sale to the public at a 200
square foot location on the second floor of the Justice Building, 1100 NW Bond Street,
Bend. This is a two -year lease with an option to renew. In exchange for the benefit to
the general public and state and county employees, the County does not charge rent.
Mrs. Anderson agrees to accept the original lease terms.
Agreement Starting Date:
12/01/2009
Annual Value or Total Payment:
NIP
Ending Date:
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
06/30/2011
Talked to insurance agent 11/06/09.
Talked to new owner 11/12/09.
Certificate and Endorsement
coming by fax.
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? ❑ Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No
11/13/201Y
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 ❑ 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
1013)0 7
Date
Distribution of Document: One signed original to Teresa Rozic for the Lessee
Official Review:
County Signature Required (check one): CI BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Number
11/13/2009
REVIEWED
LEGAL COUNSEL
ASSIGNMENT OF LEASE
WHEREAS, DESCHUTES COUNTY ( "Lessor ") and KG'S BISTRO LLC
( "Lessee ") have a lease agreement with an effective date of July 1, 2009, DC 2009 -269,
( "the Lease"); and
WHEREAS, Lessee has requested the assignment of Lessee's interest in the
Lease to ANDERSON LEGAL GROUNDS LLC ( "Assignee "), under the same terms as
the Lease, and Assignee has indicated its agreement to the assignment;
NOW THEREFORE,
1. The Lessee's interest in the Lease between Deschutes County and Lessee with
an effective date of July 1, 2009, is hereby assigned to Anderson Legal Grounds
LLC.
2. Anderson Legal Grounds LLC accepts the assignment of Lessee's Lease and
agrees to be bound thereby. From and after the effective date of this assignment
Lessee shall no longer be bound by the Lease. Notwithstanding the foregoing,
any liability or obligation of Lessee existing on the date of this assignment shall
survive this assignment and continue uninterrupted.
3. The effective date of this Assignment of Lease shall be Decernber 1, 2009. All
references in the Lease to Lessee shall mean Anderson Legal Grounds LLC.
LESSEE:
KG'S BISTRO
By:
ASSI
LAND: - 'N LEGAL GROUNDS LLC
Brandy Ande. -son
LESSOR:
Deschutes County
Dave Kanner
County Administrator
2009 -666 Page 1 of 1
DATE: r / —/ -G) `1
DATE: 11. 1
DATE: