HomeMy WebLinkAboutLease Agrmt - Mocha JanesDeschutes 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 August 27, 2008
Please see directions for completing this document on the next page.
DATE: 08/18/2008
FROM: Teresa Rozic Property and Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of Signature of Document 2008-448, a Lease Amendment between Deschutes County
and Mocha Janes, LLC.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Mocha Janes, LLC assumed the Lease between Deschutes County and Tyler Nofziger, dba Mocha Jo's
Coffee, on January 13, 2006. It is a month-to-month lease. Mocha Janes operates a mobile food u?iit in
the lobby of the Deschutes Services Building. This amendment eliminates the base rent of $200.00
FISCAL IMPLICATIONS:
None. In consideration for the benefit to employees of the Deschutes Services Building and the visitors
to the building, Deschutes County waives the monthly rental.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2008-448.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
One fully signed original to Teresa Rozic for the Tenant.
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:
Please complete all sections above the Official Review line.
08/18/2008
Contact Person:
Teresa Rozic
Department:
Contractor/Supplier/Consultant Name:
Property and Facilities
Phone #:
Mocha Janes, LLC
Goods and/or Services: Lease Amendment
385-1414
Background & History: Mocha Janes, LLC assumed the Lease between Deschutes County
and Tyler Nofziger, dba Mocha Jo's Coffee, on January 13, 2006. It is a month-to-month
lease. Mocha Janes operates a mobile food unit in the lobby of the Deschutes Services
Building. This amendment eliminates the base rent of $200.00.
Agreement Starting Date:
September 15, 2008
Annual Value or Total Payment:
Ending Date:
N/AI
None - consideration is the public benefit
® 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)
02/15/2009
Funding Source: (Included in current budget? n Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes
Departmental Contact: [Teresa Rozic Phone #: 385-1414 Title:
Department Director Approval: 7 ._....
Signature
No
Property Specialist
'11fla
Date
Distribution of Document: One original to Teresa Rozic for the Tenant
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
8/ 5/2008
REVIEWED
LEGAL COUNSEL
LEASE AMENDMENT
THIS LEASE AMENDMENT is made and entered into by and between DESCHUTES
COUNTY ("Landlord") and MOCHA JANES, LLC ("Tenant").
WITNESSETH:
WHEREAS, Deschutes County and Tyler Nofziger, dba Mocha Jo's Coffee entered into a
Lease (DC 2005-233) with an effective date of July 15, 2005, for approximately 500 sq. ft. of space
in the Deschutes Services Building, 1300 NW Wall Street, Bend, Deschutes County, Oregon, and
WHEREAS, Landlord and Mocha Janes, LLC entered into an Assignment of Lease (DC
2006-102) with an effective date of January 13, 2006, and
WHEREAS, all references in this Lease Amendment to "Tenant" shall mean Mocha Janes,
LLC; and
WHEREAS, Landlord and Tenant wish to amend the terms of the Lease;
NOW, THEREFORE, Landlord and Tenant agree that the Lease is hereby amended to read
as follows:
1. Section 2.1 Base Rent. In exchange for the benefit the Tenant's service provides to the
general public and employees, Landlord shall not charge Tenant rent during the lease term.
The effective date of this Lease Amendment is August 15, 2008. In all other respects the Lease
shall be and remain in full force and effect.
LANDLORD: DESCHUTES COUNTY
TENANT:
Page 1 of 1 — LEASE AMENDMENT
Document No. 2008-448
David Kanner, County Administrator
DATE:
MOCHA JANES, L
Cy,' is J. C.rri
Title
Date
REVIEWED
LEGAL COUNSEL
LEASE AMENDMENT
THIS LEASE AMENDMENT is made and entered into by and between DESCHUTES
COUNTY ("Landlord") and MOCHA JANES, LLC ("Tenant").
WITNESSETH:
WHEREAS, Deschutes County and Tyler Nofziger, dba Mocha Jo's Coffee entered into a
Lease (DC 2005-233) with an effective date of July 15, 2005, for approximately 500 sq. ft. of space
in the Deschutes Services Building, 1300 NW Wall Street, Bend, Deschutes County, Oregon, and
WHEREAS, Landlord and Mocha Janes, LLC entered into an Assignment of Lease (DC
2006-102) with an effective date of January 13, 2006, and
WHEREAS, all references in this Lease Amendment to "Tenant" shall mean Mocha Janes.
LLC; and
WHEREAS, Landlord and Tenant wish to amend the terms of the Lease;
NOW, THEREFORE, Landlord and Tenant agree that the Lease is hereby amended to read
as follows:
1. Section 2.1 Base Rent. In exchange for the benefit the Tenant's service provides to the
general public and employees, Landlord shall not charge Tenant rent during the lease term.
The effective date of this Lease Amendment is August 15, 2008. In all other respects the Lease
shall be and remain in full force and effect.
LANDLORD: DESCHUTES COUNTY
TENANT:
Page 1 of 1 — LEASE AMENDMENT
Document No. 2008-448
David Kanner, County Administrator
DATE:
MOCHA JANES, LLC
Cythia J. Carte"
Title
Date
1/
Insured's Name and Address
Cindy Carrillo
61556 SE Fargo Lane
Bend, OR 97702
CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company ❑
American Family Mutual Insurance Company if selection box is not checked.
6000 American Pky Madison, Wisconsin 53783-0001
AMERICAN FAMILY
INSURANCE
Agent's Name, Address and Phone Number (Agt./Dist.)
Cory Erickson (541) 504-7900
905 SW Rimrock Way Ste 101
Redmond„ OR 97756-2568 (881/508)
This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder.
This certificate does not amend, extend or alter the coverage afforded by the policies listed below.
COVERAGES
This is to certify that 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 cont* ict 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 pi.: licies.
TYPE OF INSURANCE
POLICY NUMBER
POLICY DATE
LIMITS OF LIABILITY
EFFECTIVE EXPIRATION
(Mo, Day Yr) (Mo, Day, Yr)
Homeowners/
Mobilehomeowners Liability
Bodily Injury and Property Damage
Each Occurrence $ ,000
Boatowners Liability
Bodily Injury and Property Damage
Each Occurrence $ ,000
Personal Umbrella Liability
Bodily Injury and Property Damage
Each Occurrence $ ,000
Farm/Ranch Liability
Farm Liability & Personal Liability
$
Each Occurrence ,000
Farm Employer's Liabilily
Each Occurrence $ 000
Workers Compensation and
Employers Liability t
36-XY1562-91-00
2/15/2008
2/15/2009
Statutory
Each Accident $ ,000
Disease - Each Employee $ ,000
Disease - Policy Limit $ ,000
General Liability
❑ Commercial General
Liability (occurrence)
❑
❑
General Aggregate $ 000
Products - Completed Operations Aggregate $ ,000
Personal and Advertising Injury $ .000
Each Occurrence $ 000
Damage to Premises Rented to You $ 000
Medical Expense (Any One Person) $ 000
Businessowners Liability
36-X22975-02-00
2/15/2008
2/15/2009
Each Occurrencet t $ 1,000 ,000
Aggregatett $ 2.000 ,000
Liquor Liability
Common Cause Limit $ ,000
Aggregate Limit $ ,000
Automobile Liability
❑ Any Auto
El All Owned Autos
❑ Scheduled Autos
E Hired Auto
❑ Nonowned Autos
❑
Bodily Injury - Each Person $ ,000
Bodily Injury - Each Accident $ ,000
Damage $ 000
Bodily Injury and Properly Damage Combined $ ,000
Excess Liability
❑ Commercial Blanket Excess
Each Occurrence/Aggregate $ ,000
Other (Miscellaneous Coverages)
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / RESTRICTIONS / SPECIAL ITEMS t The individual or partners shown as insured ❑ Have ❑ Have not
elected to be covered as employees under this policy.
t t Products -Completed Operations aggregate Is equal to each
occurrence limit and is included in policy aggregate.
CERTIFICATE HOLDER'S NAME AND ADDRESS
CANCELLATION
U-201 Ed. 5/00
❑ Should any of the above described policies be cancelled before the
expiration date thereof, the company will endeavor to mail *( days)
wntten notice to the Certificate Holder named, but failure to mail such
notice shall impose no obligation or liabilityof any kind upon the
company, its agentshor representatives. `10 days unles different
number of days Shown.
X1 This certifies coverage on the date of issue only. rhe above
described policies are subject to cancellation in conformit ' with their
terms and by the laws of the state of issue.
DATE ISSUED
8/5/2008
Certificate Holder
AUTHORIZED R PRE ENTATIVE
Cory Erickson 058508
Stock No. 06663 Rev. 7/02