Loading...
HomeMy WebLinkAboutLease - La Pine Industrial GroupDeschutes 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 November 5, 2008 Please see directions for completing this document on the next page. DATE: October 28, 2008 FROM: Teresa Rozic Property and Facilities 385-1414 TITLE OF AGENDA ITEM: Consideration of Board signature of Document No. 2008-569, a Lease Amendment between Deschutes County, Lessor, and La Pine Industrial Group Inc., Lessee. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: This lease is for approximately 370 square feet of office space at the South County Services Building. The La Pine Industrial Group manages the development of three county -owned parcels into business and industrial parks. The current lease is due to expire December 31, 2008. LIGI wishes to extend the lease for three years at the same rental rate. This amendment also provides for an option to extend for another three-year term. The rental rate would increase five percent (5%) upon extension. FISCAL IMPLICATIONS: $2,886.00 annual rental income. RECOMMENDATION & ACTION REQUESTED: Staff recommends Board signature of the Lease Amendment. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: One 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: 10/28/08 Please complete all sections above the Official Review line. Department: Contractor/Supplier/Consultant Name: Contractor Contact: Type of Document: Lee Smith Lease Amendment Goods and/or Services: Property and Facilities La Pine Industrial Group Inc., Lessee Extend existing lease Contractor Phone #: 536-9042 Background & History: 'This lease is for approximately 370 square feet of office space at the South County Services Building. The La Pine Industrial Group manage the development of three county -owned parcels into business and industrial parks. The current lease is due to expire December 31, 2008. LIGI wishes to extend the lease for three years at the same rental rate. This amendment also provides for an option to extend for another three-year term. The rental rate would increase five percent (5%) upon extension. Agreement Starting Date: 01/01/2009 Annual Value or Total Payment: Ending Date: $2,886.00 annual rental income ® Insurance Certificate Received (check box) Insurance Expiration Date: 11/01/2008 12/31/2011 Check all that apply: ❑ 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 Special conditions attached to this grant: Deadlines for reporting to the grantor: 10/29/2008 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, Property Specialist Department Director Approval: Signature Phone #: 385-1414 Date Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Return one signed original to Teresa Rozic for transmittal to the Lessee. Official Review: County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ) Legal Review Document Number 2008-569 Date 10/29/2008 REVIEWED LEGAL COUNSEL LEASE AMENDMENT THIS LEASE AMENDMENT is made and entered into by and between DESCHUTES COUNTY ("Lessor") and LA PINE INDUSTRIAL GROUP INC. ("Lessee"). WITNESSETH: WHEREAS, Lessor and Lessee entered into a Lease (DC 2006-040) for approximately 370 square feet of office space located at the South County Services Building, 51340 Highway 97, La Pine, Deschutes County, Oregon, and WHEREAS, Lessee wishes to exercise its option to extend the term of the lease for a three- year period; NOW, THEREFORE, Lessor and Lessee agree that the Lease is hereby amended to read as follows: Section 1. 1. Term. The term of this Lease shall be effective January 1, 2006 and shall continue until December 31, 2011, a period of six (6) years, unless sooner terminated. Lessee has the option to extend the Lease for an additional three (3) years. Lessee must notify Lessor in writing of its intention to exercise each extension option at least 180 days prior to the expiration of the term of the lease. Section 2. 2. Rent. The rental rate shall be Two Hundred Forty and 50/100 Dollars ($240.50) per month, paid in advance, for years four through six of the lease. Rental rate will increase by five percent (5%) over the current rent upon lease extension. In all other respects the Lease shall be and remain in full force and effect. LESSOR: DATED this day of , 2008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, CHAIR ATTEST: TAMMY BANEY, VICE CHAIR Recording Secretary MICHAEL M. DALY, COMMISSIONER LESSEE: LA PINE1INDUSTRIAL G"OUP By: Gti 1'J ✓ t-tj Title Date 0 • 7-1 , `D -o © b Page 1 of 1 LEASE AMENDMENT — La Pine Industrial Group Inc. Document No. 2008-569 * 2/13/2008 11:37 Bancorp Insurance Beth Winter -►Deschutes County 2/5 ACORD„ CERTIFICATE OF LIABILITY INSURANCE 2/13/2o 8 PRODUCER (541) 536-1726 FAX: (541) 536-1568 Little River Investments Bancorp Insurance P.O. Box 327, 51477 Hwy 97 La Pine OR 97739 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 POUCIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED La Pine Industrial Group, , DBA: Darwin Inc. P. O. Box 1440 La Pine OR 97739 INSURER A Am Hallmark Ins Co of TX INSURER 14 INSURER C: INSURER D'. INSURER E 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 POL CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L LTR JUSRD A X TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDO1YY) POLICY EXPIRATION DATE IMMR)DIYY) LIMITS GENERAL LIABILITY x COMMERCIAL GENERAL LIABIUTY CLAIMS MADE X OCCUR GGEENL AGGREGATE LIMIT APPLIES PER: —X—I POUCY 1-1 JECT I LOC 44CL402060 11/1/2007 11/1/2008 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED PREMISES (Ea ocartence) 100,000 MED EXP (Any one person) 5,000 PERSONAL& ADV INJURY e 1,000,000 GENERAL AGGREGATE 2,000,000 PRODUCTS - COMP/OP AGG S included AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CONBINED SINGLE LIMIT (Es accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per ecefdent GARAGE LIABILITY —1 ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGO EWESS/UMBRELLA LIABILITY —I OCCUR 7 CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECImVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS bebw TORY SLIIMTIITS OTH ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE E.L. DISEASE- POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is listed as an additional insured per attached HP 97 67 06 05 CERTIFICATE HOLDER CANCELLATION (541)385-3202 Deschutes County 1300 NW Wall St, Suite 200 Bend, OR 97701 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOP'. TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIN) UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORGMFD REPRESENTATIVE Lori Tabuyo/BETH ACORD 26 (2001/08) INS026 (0109).08a CACORD CORPORATION 1888 Page 1d2 # 2/13/2008 11:37 Bancorp Insurance Beth Winter -*Deschutes County 3/5 IM PORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) INS028 (olae).Oaa Pge2or2 2/13/2008 11:37 Bancorp Insurance Beth Winter ->Deschutes County 4/5 ADDITIONAL NAMED INSUREDS NAME (First Named & Other Named Insureds) Darwin Thurston Doing Business As OFAPPINF COPYRIGHT 2000. AMS SERVICES INC ># 2/13/2008 11:37 Bancorp Insurance Beth Winter -0 -Deschutes County 5/5 The deductible of $500 does not apply to rental reimbursement expenses. General Liability Additional Coverages The following Additional Coverages are added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A. Blanket Additional Insured Coverage 1. SECTION Y — Who Is An Insured of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to eiclud as an insured any person or organization (referred to as Additional Insured) whom you are required to add as a Additional Insured on this policy under. a. A written contract or agreement; and b. Where a certificate of insurance showing that person or organization as an additional insured has been issued; an c. When the written contract or agreement and certificate of insurance are currently in effect or becoming in effe' during the term of the policy and executed prior to the "bodily injury," "property damage," or "personal and advertisir injury" 2. The insurance provided to the Additional Insured(s) is limited as follows: a. The Additional Insured(s) is only an additional insured for: (1) "Bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by negliger acts or omissions of the Named Insured or anyone directly or indirectly employed by the Named Insured or ft whose acts a Named Insured may be liable. (2) t.iab IIty arising out of your ongoing operations for the Additional Insured(s) by or for you. A person's organization's status as an insured under this coverage ends when your operations for that insured at completed. b. The limits of Insurance applicable to the Additional Insured (s) are those specified In the wren contractor agreeme, but nor more than the Limits of Insurance specified in the Declarations for this policy. The Liras of Insuranc applicable to the Additional Insured(s) are inclusive of and not in addition to the Limits of Insurance shown in if Declarations for the Named insured. 3. In addition to the other exclusions applicable to Section 1, Coverages A., B. and C. of the COMMERCIAL GENERA LIABILITY COVERAGE FORM. the insurance provided to the Additional Insured(s) does not apply to: a. "Property damage" to: (1) Property owned, used, occupied by, loaned or rented to the Additional Insured(s); (2) Property In the care, custody or control of the Additional insureds) or over which the Additional Insured(s) are f, any purpose exercising physical control; or (3) "Your work" performed for the Additional Insured(s). b. "Bodily injury," "property damage," or "personal and advertising injury" arising out of an archliect's, engineers surveyor's rendering or failure to render any professional services for you, for the Additional Insured(s) or for other including, but not limited to: (1) The preparing, approving or failure to prepare or approve maps, drawings, opinions, reports, surveys, chang orders, designs or specifications; or (2) Supervisory, inspection or engineering services. c. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (oth than service. maintenance or repairs) to be performed by or on behalf of the additional insured(s) atthe site of ti covered operations has been completed; or (2) That portion of your work" out of which the Injury or damage arises has been put to Its intended use by ai person or organization other than another contractor or subcontractor engaged in performing operations for principal as a part of the same project. B. Mobile Equipment Broadened Coverage V.12.f.(1) of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by the following: (1) Equipment designed primarily for. Page 12 01 15 Includes copyrighted materiel of ISO Properties. Ino. and American Association of Insurance Services, Inc., used with their permission MP 97 67 06 Of.