HomeMy WebLinkAboutSpace Lease Agrmt - Portland State UnivDeschutes County Board of Commissioner
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or:;
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 27, 2008
Please see directions for completing this document on the next page.
DATE: August 20, 2008
FROM: Teresa Rozic Property & Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of Signature of Document No. 2008-477, a Lease with Portland State University.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
The Portland State University School of Social Work (SSW) offers a full spectrum of social work
education. The SSW provides the only Masters and PhD of Social Work Programs in Oregon. SSW
wishes to lease approximately 2,300 square feet of space at the Juvenile Community Justice Building in
Bend. They will use the space for a classroom and offices. As rent, SSW will pay $100.00 per mo nth
and the master's program students will provide 500 hours of service for the Juvenile Department di ring
the term ten-month term of the lease.
FISCAL IMPLICATIONS:
Annual rental revenue will be $1,000.00.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2008-477.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Lessee's copy to 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:
Please complete all sections above the Official Review line.
08/19/2008
Contact Person:
Teresa Rozic
Department:
Contractor/Supplier/Consultant Name:
Goods and/or Services: Lease
Property and Facilities
Phone #:
385-1414
Portland State University
Background & History: Portland State University wishes to use office space at the
Juvenile Community Justice Building, 63360 Britta Street, Building 1.
Agreement Starting Date:
09/01/2008
Annual Value or Total Payment:
Ending Date:
06/30/2009
$100.00 per month plus 500 hours of service for the
Juvenile Department during the term of the lease.
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
E RFP, Solicitation or Bid Process
E Informal quotes (<$150K)
E 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
Departmental Contact:
Teresa Rozic
Department Director Approval:
Phone #:
385-1414
Title:
Signature
Property Specialist
Distribution of Document: One original to Teresa Rozic for the Lessee.
Date
8/19/200',
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
)
8/19/2008
REVIEWED
LEGAL COUNSEL
LEASE
This Lease is made by and between DESCHUTES COUNTY ("Lessor") and PORTLAND STATE
UNIVERSITY School of Social Work MSW Distance Option ("Lessee").
Lessor hereby leases to Lessee and Lessee takes from Lessor the "Premises" described as follows:
Approximately 2,300 square feet of office space in the Deschutes County Juvenile
Justice Center located at 63360 Britta Street, Building 1, Bend, Deschutes County,
Oregon 97701 (the "Premises").
The parties agree that the terms of this Lease are as follows:
1. Term. The effective date of this Lease shall be September 1, 2008, or the date on which
each party has signed this Lease, whichever is later, and shall continue until June 30, 2009,
or ten (10) months.
2. Rent. Lessee shall pay to Lessor as monthly rent the sum of $100.00 commencing with the
date specified in Paragraph 1. Rent may be prorated for the first partial month. Rent shall be
payable on the first day of each month without notice or demand at the office of the
Deschutes County Property & Facilities Department, 14 NW Kearney Street, Bend, Oregon
97701, or at such other place as may be designated in writing by Lessor.
In addition, students in the Portland State University's masters program using the Premises
will perform 500 hours of service for the Deschutes County Juevnile Department over the
term of the lease.
It is agreed by and between the parties that Lessee is not carrying out a function on behalf of
Lessor, and Lessor does not have the right of direction or control of the manner in which
Lessee delivers services under this Lease or exercise any control over the activities of
Lessee. Lessee is not an officer, employee or agent of Lessor as those terms are used in
ORS 30.265. Lessee covenants for itself and its successors in interest and assigns that it
will not claim or assert that Lessee is an officer, employee or agent of the Lessor, as those
terms are used in ORS 30.265.
3. Use of Premises. Lessee may use the Premises for a classroom and business offices and
other lawful purposes, subject to obtaining any required permits.
4. Parking. Lessee, its employees, and clientele shall have a nonexclusive right to access and
utilize vehicle parking spaces in County parking Tots. Lessee's employees will be required to
adhere to the County Parking Policy and Regulations, which County in its sole discretion
may amend from time to time.
Portland State University / Deschutes County Lease Page 1
Document No. 2008.477
5. Restrictions on Use. In connection with the use of the Premises, Lessee shall:
a) Conform to all applicable laws and regulations affecting the Premises and correct at
Lessee's own expense any failure of compliance created through Lessee's fault or by reason
of Lessee's use of the Premises. Lessee shall not be required to make any structural
changes to affect such compliance, unless such changes are required because of Lessee's
specific use.
b) Refrain from any use which would be reasonably offensive to the Lessor, other tenants,
or owners or users of adjoining property or unoccupied portions of the real property, or which
would tend to create a nuisance or damage the reputation of the real property.
c) Refrain from making any unlawful or offensive use of said property or to suffer or permit
any waste or strip thereof.
d) Exercise diligence in protecting from damage the real property and common area of
Lessor covered by and used in connection with this Lease.
e) Be responsible for removing any liens placed on said property as a result of Lessee's use
of leased premises.
6. Lessee's Obligations. The following shall be the responsibility of the Lessee:
a) Lessee shall not be required to make structural repairs that would place the Premises in
a better condition than at the commencement of this lease. Lessee may place fixtures,
partitions, personal property, and the like in the Premises and may make nonstructural
improvements and alterations to the Premises at its own expense. Lessee may be required
to remove such items at the end of the Lease term.
b) Any repairs necessitated by the negligence of Lessee, its agents, employees or invitees.
c) Any repairs or alterations required under Lessee's obligation to comply with laws and
regulations as set forth in "Restrictions on Use" above.
7 Maintenance and Repair of Premises.
a) Lessor shall perform all necessary maintenance and repairs to the structure, foundation,
exterior walls, roof, doors and windows, elevators, emergency lighting, and Lessor -provided
fire extinguishers, sidewalks, and parking area which are located on or serve the Premises.
Lessor shall maintain the premises in a hazard free condition and shall repair or replace, if
necessary and at Lessor's sole expense, the heating, air conditioning, plumbing, electrical,
and lighting systems in the Premises, obtaining required permits and inspections from
Codes enforcement authorities, and shall keep the Premises, improvements, grounds and
landscaping in good repair and appearance replacing dead, damaged or diseased plant
materials when necessary.
b) Should Lessor fail to maintain the Premises in accordance with above requirements, and
after at least fourteen (14) days prior written notification to Lessor, Lessee may contract for
necessary labor equipment and material to bring Premises within those requirements and
may deduct reasonable and necessary costs from future rent payments.
Portland State University / Deschutes County Lease
Document No, 2008-477
Page 2
c) Lessee shall take good care of the interior of the Premises and at the expiration of the
term surrender the Premises in as good condition as at the commencement of this Lease,
excepting only reasonable wear, permitted alterations, and damage by fire or other casualty.
8. Services and Utilities.
a) Lessor will cause the utilities and services listed below to be furnished to the Premises.
Fax and computer modems shall be utilized on dedicated telephone lines and not on shared -
use County telephone lines. Charges shall be paid as indicated:
Utility or Service Monthly Charges
Paid By:
Lessor Lessee
Water X
Sewer X
Electricity X
Gas X
Trash Removal X
Janitorial Service X
Janitorial Supplies X
Telephone & Data Services X
9. Liens.
a) Except with respect to activities for which the Lessor is responsible, the Lessee shall pay
as due all claims for work done on and for services rendered or material furnished to the
leased real property and shall keep the real property free from any liens. If Lessee fails to
pay any such claims or to discharge any lien, Lessor may do so and collect the cost from
Lessee. Any amount so expended shall bear interest at the rate of nine percent (9%) per
annum from the date expended by Lessor and shall be payable on demand. Such action by
Lessor shall not constitute a waiver of any right or remedy which Lessor may have on
account of Lessee's default.
b) Lessee may withhold payment of any claim in connection with a good faith dispute over
the obligation to pay, so long as Lessor's property interests are not jeopardized. If a lien is
filed as a result of nonpayment, Lessee shall, within thirty (30) days after knowledge of the
filing, secure the discharge of the lien or deposit with Lessor cash or a sufficient corporate
surety bond or other surety satisfactory to Lessor in an amount sufficient to discharge the
lien plus any costs, attorney fees and other charges that could accrue as a result of a
foreclosure or sale under a lien.
10. Insurance.
a) It is expressly understood that Lessor shall not be responsible for carrying insurance on
any property owned by Lessee.
b) Lessee will be required to carry fire and casualty insurance on Lessee's personal
property on the Premises.
Portland State University / Deschutes County Lease Page 3
Document No. 2008-477
c) Lessor will carry fire and casualty insurance only on the structure where Premises are
located.
d) Lessee shall carry commercial general liability insurance, on an occurrence basis; with a
combined single limit of not Tess than $500,000 each occurrence, with an annual aggregate
limit of $1,000,000. Lessee shall provide Lessor with a certificate of insurance, as well as an
endorsement, naming Deschutes County, its officers, agents, and employees and volunteers
as an additional insured. There shall be no cancellation, termination, material change, or
reduction of limits of the insurance coverage during the term of this lease.
e) Lessee shall provide to Lessor proof of workers compensation insurance.
f) Indemnification: Lessor and Lessee shall each be responsible for the negligent and
wrongful acts of their employees and invitees. Lessor's liability exposure is restricted by the
Oregon State Constitution, Article XI, and Oregon Revised Statutes 30.260 through 30.300,
the Oregon Tort Claims Act.
11. Casualty Damage. If the Premises or improvements thereon are damaged or destroyed by
fire or other casualty to such a degree that the Premises are unusable for the purpose
leased, and if repairs cannot reasonably by made within ninety (90) days, Lessee may elect
to cancel this Lease. Lessor shall in all cases promptly repair the damage or ascertain
whether repairs can be made within ninety (90) days, and shall promptly notify Lessee of the
time required to complete the necessary repairs or reconstruction. If Lessor's estimate for
repair is greater than ninety (90) days, then Lessee, upon receiving said estimate will have
twenty (20) days after such notice in which to cancel this Lease. Following damage, and
including any period of repair, Lessee's rental obligation shall be reduced to the extent the
Premises cannot reasonably be used by Lessee.
12. Surrender of Leased Premises. Upon abandonment, termination, revocation or cancellation
of this Lease or the surrender of occupancy of any portion of or structure on the leased
premises, the Lessee shall surrender the real property or portion thereof to Lessor in the
same condition as the real property was on the date of possession, fair wear and tear
excepted, except, that nothing in this lease shall be construed as to relieve Lessee of
Lessee's affirmative obligation to surrender said premises in a condition which complies with
all local, state or federal environmental laws, regulations and orders applicable at the time of
surrender that was caused by Lessee or occurred during the term of this lease. Upon
Lessor's written approval, Lessee may leave site improvements authorized by any land use
or building permit. Lessee's obligation to observe and perform this covenant shall survive
the expiration or the temmination of the Lease.
13. Nonwaiver. Waiver by either party of strict performance of any provision of this Lease shall
not be a waiver of or prejudice of the party's right to require strict performance of the same
provision in the future or of any other provision.
14. Default. Neither party shall be in default under this Lease until written notice of its
unperformed obligation has been given and that obligation remains unperformed after notice
for fifteen (15) days in the case of the payment or for thirty (30) days in the case of other
obligations. If the obligation cannot be performed within the thirty -day period, there shall be
no default if the responsible party commences a good faith effort to perform the obligation
within such period and continues diligently to complete performance. In case of default the
non -defaulting party may terminate this Lease with thirty (30) days' notice in writing to the
Portland State University / Deschutes County Lease Page 4
Document No. 2008-477
defaulting party, shall be entitled to recover damages or any other remedy provided by
applicable law, or may elect to perform the defaulting party's obligation. The cost of such
performance shall be immediately recoverable from the defaulting party plus interest at the
legal rate for judgment. If Lessee makes any such expenditures as the non -defaulting party,
those expenditures may be applied to monthly rent payments(s).
15. Notices. Notices between the parties shall be in writing, effective when personally delivered
to the address specified herein, or if mailed, effective 48 hours following mailing to the
address for such party specified below or such other address as either party may specify by
notice to the other.
Lessor: Deschutes County
Attn: Susan Ross
14 NW Kearney Street
Bend, Oregon 97701
Fax: 541.317.3168
Lessee: Portland State University
School of Social Work MSW Distance Option
520 SW Harrison St., Suite 485
Portland, Oregon 97201
Fax: 503.725.8030
16. Assignment. Lessee shall not assign or sub -rent the premises without the prior written
consent of the Lessor.
17. Attorneys' Fees. In the event a suit or action of any kind is instituted on behalf of either party
to obtain performance under this Lease or to enforce any rights or obligations arising from
this Lease, each party will be responsible for paying its own attomey fees.
18. Authority. The signatories to this agreement covenant that they possess the legal authority
to bind their respective principals to the terms, provisions and obligations contained within
this agreement.
19. MERGER.
THIS LEASE CONSTITUTES THE ENTIRE LEASE BETWEEN THE PARTIES. NO
WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS LEASE SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH
WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE
ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN.
THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL
OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS LEASE. LESSOR, BY THE
SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY
Portland State University / Deschutes County Lease Page 5
Document No. 2008-477
ACKNOWLEDGES THAT LESSOR HAS READ THIS LEASE, UNDERSTANDS IT, AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
The parties have executed this Lease the
LESSOR:
dayof , 2008
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, CHAIR
ATTEST: TAMMY (BANEY) MELTON, VICE CHAIR
Recording Secretary MICHAEL M. DALY, COMMISSIONER
LESSEE: PORTLAND STATE UNIVERSITY
By:
Kristine Nelson, Dean
School of Social Work
By:
Mindy Holliday, Program Director
Master of Social Work — Distance Option
Portland State University / Deschutes County Lease Page 6
Document No. 2008-477