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HomeMy WebLinkAboutSwalley Irrig District Temp Construction LeaseDeschutes County Board of Commissione •s 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 9, 2008 Please see directions for completing this document on the next page. DATE: 03/31/08 FROM: Teresa Rozic Property & Facilities 385-1414 TITLE OF AGENDA ITEM: Consideration of signature by County Administrator of Document 2008-168, an amendment to a temporary construction lease with Swalley Irrigation District. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: Swalley began piping their main canal this year but several factors, including court action, combined to delay the project. Deschutes County leased Swalley temporary work space for this construction project. Now Swalley must suspend construction for the irrigation season. Swalley requested that Deschutes County extend the Temporary Construction Lease until April 15, 2009. They will continue to pay the same rent. Deschutes County Code Chapter 2.05.06C.7 authorizes the County Administrator to di •ect the use of county property. FISCAL IMPLICATIONS: Annual rental income is $1,800.00 RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Document 2008-168 by the County Administrator. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: One fully signed original to Teresa Rozic for transmittal to Lessee. Teresa Rozic Teresa Rozic 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: 03/31/08 Contact Person: Please complete all sections above the Official Review line. Department: Contractor/Supplier/Consultant Name: Property & Facilities Phone #: 385-1414 Swalley Irrigation District, Lessee Goods and/or Services: Lease Amendment Background & History: Swalley began piping their main canal this year but several factors, including court action, combined to delay the project. Now they must suspend construction for the irrigation season. Swalley requested that we extend this Temporary Construction Lease until April 15, 2009. They will continue to pay the same rent. Agreement Starting Date: 04/16/08 Annual Value or Total Payment: Ending Date: $1,800.00 annual rental income ® 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) 01/01/09 04/15/09 Funding Source: (Included in current budget? ❑ Yes ❑ No If No, has budget amendment been submitted? ❑ Yes ❑ No Departmental Contact: Phone #: 385-1414 Title: Property Specialis' 2.2/..)1 (08 te- Signature Date Department Director Approval: Distribution of Document: Include complete information if document is to be mailed. Official Review: County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Date Document Number 3/31/201 8 REVIEWED LEGAL COUNSEL 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 entered into an Addendum to Lease (DC 2007-184) to extend the term of the lease, and WHEREAS, Lessee's construction project has been interrupted by the irrigation season; 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, 2009, 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 , 2008. LESSOR: DESCHUTES COUNTY, OREGON By Dave Kanner, County Administrator LESSEE: S WALLEY IRRIGATION DISTRICT By Jan Lee, Manager Page 1 of 1 — Swalley Irrigation Lease Amendment Document 2008-168 REVIEWED LEGAL COUNSEL LEASE AMENDMENT 'IRIS LEASE AMENDMENT is made and entered into by and between DESCHUTES COUNTY ("Lessor") and WALLEY IR.RIGATION DISTRICT ("Lessee"). WITNESSETH: WHEREAS, Lessor and Lessee entered into a Temporary Constinction Lease (Document No. 2006-575) on December I 2006 ("the Lease); and WHEREAS, Lessor and Lessee entered into an Addendum to Lease (DC 2007-184) to extend the term of the lease. and WHEREAS, Lessee's construction project has been interrupted by the irrigation season; 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 15,2009, unless sooner terminated. Except :is otherwise provided in this Addendum, the terms and conditions of the Lease remain in effect. 'the parties have executed this Lease the day of . 2008. LESSOR: DESCHUTES COUNTY, OREGON 13y Dave Kanner, County .Administrator LESSEE: SWt EY 1RR1GAT,JN DISTRICT liy an ee, Manager Page 1 or I Swaney Irrigation Lease Amendment Document 200S- I 55 ACORDM CERTIFICATE ')F LIABILITY INSURAN'''E 02/08/2008) PRODUCER (541)382-1611 FAX (541382-7477 Sage Insurance Center 369 NE Revere Avenue PO Box 6809 Bend, OR 97708 THIS CERTIFICATE IS ISoUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Swalley Irrigation District 64672 Cook Ave. Bend, OR 97701 INSURER A: Special Districts Association INSURER B 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 ISSUED 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 INSRp TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YY! POLICY EXPIRATION DATEIMWDD/YY! LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 22P56020-1350 01/01/2008 01/01/2009 EACH OCCURRENCE $ 5,000,000 DAMAGE TO RENTED PRFMISFS {Fa nccuranca) $ CLAIMS MADE X OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ 5A)00,000 GEN'L AGGREGATE POLICY LIMIT APPLIES PER: PRO pi JECT LOC PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 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 $ EXCESS/UMBRELLA OCCUR DEDUCTIBLE RETENTION LIABILITY $ CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS n,lew WC STATU- TORY I IMID OTH- FR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS )eschutes County, it Officers, Agents, Employees and Volunteers are included as Additional Cnsureds as respects: Temporary Construction Lease for "Premises" - a portion of the SE quarter of Af the NE quarter of section 3, township 17 South, Range 12 Easr, WM of Deschutes County _ease term: 11/15/06 to 4/15/08 - See CG20-33 (7/98) attached CERTIFICATE HOLDER CANCELLATION Deschutes County Property Management Dept. Teresa Rozic, Property Specialist Property & Facilities Dept. 1300 NW Wall Street Bend, OR 97701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TI EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABII ITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Karen Venegas/KAREN ACORD 25 (2001/08) FAX: 385-3202 ©ACORD CORPORAL ION 1988 RFC'n FEB 1 1 2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART lotion 11 -Who Is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for that insured. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. CG 20 33 07 98 B. With respect to the Insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1