HomeMy WebLinkAboutLease - OR State Police Bldgw ���y CESo
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orr,
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of Monday, November 24, 2008.
DATE: October 28, 2008
FROM: Susan Ross, Director Property and Facilities Department Phone: 383-6713
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2008-588, Lease with Department of Oregon Sate
Police.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County will lease office space to Department of State Police starting approximately July
2010. The space will include approximately 20,700 rentable square feet of space consisting of 6,700
square feet of office space, 8,400 square feet of lab space; 3,800 square feet of shop space; and 1,800
square feet of wireless operation space representing approximately 50% of the entire building.
The Public Safety Building construction project is located at Poe Sholes Road in Bend, Oregon. Tlie
Oregon State Police will relocate offices to the new site upon completion of construction, which is
planned for July 2010.
FISCAL IMPLICATIONS:
$44,705.00 base monthly rent, with annual escalations increasing to $61,238.00 by June 30, 2025.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2008-588.
ATTENDANCE: Susan Ross
DISTRIBUTION OF DOCUMENTS:
All copies returned to Property and Facilities Department. Documents need to be executed by Sta°e of
Oregon Department of Administrative Services.
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.)
Please complete all sections above the Official Review line.
Date: October 28, 2008 Department: Property and Facilities
Lessee Name: Oregon State Police
Lessee Contact: Valerie McBride Lessee Phone #: (503) 373-7086
Type of Document: Lease
Goods and/or Services: Deschutes County will lease office space to Department of
State Police starting approximately July 2010. The space will include approximately
20,700 rentable square feet of space consisting of 6,700 square feet of office space,
8,400 square feet of lab space; 3,800 square feet of shop space; and 1,800 square feet
of wireless operation space representing approximately 50% of the entire building.
Background & History: The Public Safety Building construction project is located at
Poe Sholes Road in Bend, Oregon. The Oregon State Police will relocate offices to the
new site upon completion of construction, which is planned for July 2010.
Agreement Starting Date: July 1, 2010 Ending Date: June 30, 2025
-with option to lease extending to June 30, 2030.
Annual Value or Total Payment: $44,705.00 base monthly rent, with annual
escalations increasing to $61,238.00 by June 30, 2025.
❑ Insurance Certificate Received (check box)
Insurance Expiration Date:
Note: Insurance certificates to be required by occupancy 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)
Funding Source: (Included in current budget? ❑ Yes ❑ No -Income
If No, has budget amendment been submitted? ❑ Yes ❑ No
N/A
Is this a Grant Agreement providing revenue to the County? Yes X No
Special conditions attached to this grant:
10/28/2008
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: LJ Yes U No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Susan Ross, Director Phone #: 383-6713
Department Director Approval:
iakg4
Signature Date
Distribution of Document: Return (3) original documents to Property and Facilities
Department.
Official Review:
County Signature Required (check one): X BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. )
Legal Review Date
Document Number 2008-588
10/28/2008
STATE OF OREGON
LEASE
THIS LEASE, dated October 15, 2008, is made by and between DESCHUTES COUNTY, a political
subdivision of the State of Oregon ("Lessor") and THE STATE OF OREGON acting by and through its
Department of State Police ("Lessee"). Contact persons for the parties, changeable with notice to the other
party, are as follows:
Parties: LESSOR: Deschutes County
Property & Facilities Department
14 NW Kearney Street
Bend, OR 97701-1960
ATTN: Susan Ross or successor
Phone number: (541) 388-6594; FAX number (541) 317-3168
Email address: www.co.deschutes.or.us
LESSEE: Department of State Police
400 Public Service Building
255 Capitol Street NE, 4`h floor
Salem, OR 97310
ATTN: Roberta Watson or successor
Phone number (503) 934-0183; FAX number (503) 378-8282
Email address: Roberta.M.Watson@osp.state.or.us
Lessor hereby leases to Lessee and Lessee takes from Lessor the premises together with any appurtenances
thereto, described as follows:
Premises: Approximately 20,700 rentable square feet of space consisting of 6,700 square feet of
office space, 8,400 square feet of lab space; 3,800 square feet of shop space; and 1,800 square feet of
wireless operation space representing approximately 65% in a building complex to be constructed oi.
improved grounds including on site parking of riot less than 100 parking spaces, located on a site consisting
of approximately 3 acres or 130,680 square feet of land located at Poe Sholes Road, Bend, (Tax Lot 609
Deschutes County, Oregon 97701 as shown in the attached Exhibit A - Site Plan. The work is to be
performed by Lessor as provided under or described in: (1) this Section 7 - Work to be Performed by Lessor.
(2) Lessor's offer statement to the State dated November 21, 2007; (3) Lessor's supplemental email dated
December 6, 2007, and Lessor's supplemental email dated January 7, 2008; and (4) the site plan included a,
Attachment B.2 in Lessor's offer statement of November 21, 2007, as attached to and including the
Department of Administrative Services (DAS) Leasing Prospectus/Project Announcement dated October 10.
2007. The documents referred to in (2), (3), and (4) are by this reference incorporated in and made a part o'
this Lease. In the event of any conflict among the various parts incorporated in this Lease, the order o
precedence to prevail shall be the terms of this Lease without any Exhibits or attachments (including the
documents referred to in (2), (3), and (4) above), the exhibits to the Lease, and then the documents in (2), (3),
and (4) in the order as listed above.
The terms of this Lease are as follows:
1. Term. The original term of this Lease shall commence July 1, 2010 or as of the date the Premises ars;
delivered to and accepted by Lessee, whichever is later (the "Commencement Date"), and shall continue;
through June 30 2025.
Page 1 DAS LEASE CONTROL NUMBER 062672
2. Rent. Lessee shall pay Base Rent in arrears by the 10th day of each month for the preceding month 0:1
partial month. The Base Rent for any partial month shall be prorated on a per diem basis. The monthly Bas(
Dentshall LVV per the, following Re 1t Sehe,lule:
BASE OP
LEASE PERIOD NET RENT EXPENSES* BASE RENT
7/01/2010 - 6/30/2011 $40,620.00 $4,085.00 $44,705.00
7/01/2011 - 6/30/2012 $41,534.00 $4,187.00 $45,721.00
7/01/2012 - 6/30/2013 $42,468.00 $4,292.00 $46,760.00
7/01/2013 - 6/30/2014 $43,424.00 $4,399.00 $47,823.00
7/01/2014 - 6/30/2015 $44,401.00 $4,509.00 $48,910.00
7/01/2015 - 6/30/2016 $45,400.00 $4,622.00 $50,022.00
7/01/2016 - 6/30/2017 $46,422.00 $4,737.00 $51,159.00
7/01/2017 - 6/30/2018 $47,466.00 $4,856.00 $52,322.00
7/01/2018 - 6/30/2019 $48,534.00 $4,977.00 , $53,511.00
7/01/2019 - 6/30/2020 $49,626.00 $5,102.00 $54,728.00
7/01/2020 - 6/30/2021 $50,743.00 $5,229.00 $55,972.00
7/01/2021 - 6/30/2022 $51,884.00 $5,360.00 $57,244.00
7/01/2022 - 6/30/2023 $53,052.00 $5,494.00 $58,546.00
7/01/2023 - 6/30/2024 $54,245,00 $5,631.00 $59,877.00
7/01/2024 - 6/30/2025 $55,466.00 $5,772.00 $61,238.00
*The Base Operating Expenses component in the Base Rent shall be subject to escalation and de-escalatior
per actual costs accounted on an annual basis, as provided herein under paragraph 23.
3. Option to Extend. If Lessee is not in default, Lessee shall have the option to extend this Lease for one
additional extension terms of five (5) years. The extension term shall commence on the day following th(
expiration of the immediately preceding term. Notice exercising the extension option shall be delivered tc
Lessor in writing not less than ninety (90) days prior to the expiration of the preceding term. If such notice is
given, all terms and conditions of this Lease, except as expressly amended, shall apply during the extension
term. Accordingly, the monthly rent for the extension term shall be per the following schedule:
BASE OP
LEASE PERIOD NET RENT EXPNS* BASE RENT**
7/01/2025 - 6/30/2026 $55,466.00 * **
7/01/2026 - 6/30/2027 $55,466.00 * **
7/01/2027 - 6/30/2028 $55,466.00 * **
7/01/2028 - 6/30/2029 $55,466.00 * **
7/01/2029 - 6/30/2030 $55,466.00 * **
* The New Base Operating Expense component in the Base Rent shall be subject to escalation and de-
escalation per actual costs accounted on an annual basis, as provided herein under paragraph 23.
**The New Base Rent for the extension period shall be equal to Net Rent plus new Base Operating
Expenses.
4. Use of Premises. Lessee may use the Premises for business offices, storage, and other lawful purposes
including but not limited to functions related to the conduct of its business as a state agency.
5. Parking. Lessee, its employees, and clientele shall have the exclusive right to park in 100 spaces in tht'.
parking lot shown on the attached Exhibit A adjacent to the Leased Premises. In addition, Lessee shall have
Page 2 DAS LEASE CONTROL NUMBER 062672
the same right as other tenants of Lessor to park in the common parking areas of the building complex,
Parking for the disabled must always be provided in compliance with the Oregon Revised Statutes (ORS )
n n 7 7'1'2
6. Lessor's Covenants.
(a) Lessor covenants that Lessor has the right to make this Lease and to lease the Premises to Lessee;
that possession of the Premises will be delivered to Lessee free of other tenants and of conflicting claimh;
that the use of the Premises by Lessee for the specific uses set forth in paragraph above titled "Use of
Premises" is not in violation of any federal, state or local statute, regulation or ordinance, including th V
acknowledged comprehensive land use plans and regulations of the city or county in which Premises ar3
located; and that on paying the rent and performing its covenants of this Lease, Lessee may enjoy the right s
granted by this Lease free from rightful interference by any third party.
(b) Lessor covenants that the Premises, including any common areas in the building to be used 13,1
Lessee, comply with all applicable regulatory and building codes requirements for occupancy by Lessee, ani
meet the requirements of the Americans with Disabilities Act (ADA) for accessibility in accordance with the
standards provided in the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG), i .i
compliance with Oregon Revised Statutes (ORS) 447.233, if parking is provided under this Lease.
(c) Lessor covenants that Premises are free of asbestos and asbestos containing materials (ACM) based.
on the fact that the original construction and all improvement works on the Premises were completed after
January 1, 1978, when the building industry generally refrained from using materials containing ACM, or
the Premises have been inspected by a competent inspector qualified to perform such inspection under
applicable law and regulations and found to be free of any ACM.
(d) Notwithstanding Lessor's covenant herein, in the event that any asbestos related health hazard is
detected in the Premises as determined under applicable law and regulations, Lessee shall have the right t
cancel this Lease with ten (10) days written notice to Lessor or, at Lessee's sole option, demand that Less( r
take prompt corrective action to protect Lessee and its employees occupying the Premises. Lessor sha'I
perform any necessary asbestos abatement work at Lessor's sole cost and expense and in strict compliance
with applicable law and regulations governing such work. Lessor shall compensate Lessee for any and ail
costs related to disruptions caused by such asbestos abatement work, including but not limited to moving
costs, temporary rent for relocation and consequential damages. Such compensation may be in the form of
rent abatement if Lessee reoccupies the Premises. Lessor shall indemnify and hold Lessee harmless in the
event of a discovery of asbestos related health hazards in accordance with the Insurance paragraph contained
herein.
7. Work to be Performed by Lessor.
(a) Prior to the Commencement Date Lessor shall develop appropriate design specifications and
construction plans (Construction Exhibits) for a serviceable and safe office facility which incorporate Facility
Tenant Improvement Specifications as described in Exhibit A-1 and all other specifications in the documents
incorporated into the Lease under the Premises paragraph on page 1, and improve the Premises with all work
to be done in accordance with the utmost professional standards and in the most highly professional manner.
All work shall comply with the performance standards provided in the Department of Administrative
Services Leased Facilities Construction Standards, as attached hereto as Exhibit B, and Uniform Building
Codes with the latest State of Oregon Amendments in effect at the commencement of such work, and shall
meet all requirements for accessibility and usability by disabled persons as provided in the Americans wit r
Disabilities Act ("ADA") in accordance with the standards provided in the ADA Accessibility Guidelines fi r
Buildings and Facilities ("ADAAG"). With respect to parking for the disabled, compliance with Oregc ri
Revised Statutes (ORS) 447.233 is required. Lessor shall obtain all required building and occupancy permi s
and final inspections by all applicable codes enforcement agencies.
Page 3 DAS LEASE CONTROL NUMBER 062672
(a.1) In addition to Facility Tenant Improvement Specifications being completed in Exhibit A-1, Lesso •
shall improve the Premises with sustainability items as described in Lessor's offer statements to the Stab;
dated Tovemte, 21, 2007. A11 work shall he completed according to the Sustainability Plan appr-
oved
Lessor
and Lessee. A report shall document sustainable features and costs that are included in the design.
The project shall conduct a self assessment based on a state modified version of the U.S. Green Building
Council's Leadership in Energy and Environmental Design (LEED), Version 2.0 or current version.
Premises shall be designed to meet the point equivalent of a LEED Certified rating.
(a.2) Additional Accessibility Requirements: Lessor shall make the entire Premises, including am,
common areas to be used by Lessee, accessible and usable by disabled persons in accordance with th
standards for "New Construction and Alterations" as defined in the ADAAG. Any modifications o, -
exceptions to making the entire Premises fully accessible and usable shall require Lessor's written proposa
and Lessee's written consent.
(b) Construction Exhibits: Construction Exhibits pertaining to this project are listed below and by thi
reference made a part of this Lease:
Exhibit A-1 Facility Tenant Improvement Specifications
Exhibit B. DAS Leased Facilities Construction Standards
Exhibit C. Sustainability Plan
Exhibit D. Lessor's Construction Work Specifications
Exhibit E. Full set of Lessor's Construction Drawings (including Space Plans, Architectural and
l
mechanical drawings)
Exhibit F Mechanical Plans and Specifications for HVAC System (Include the Summary o f
Engineering Analysis, such as one typically required in building permit applications for
mechanical systems which demonstrates compliance with Uniform Building Code HVAC
requirements as well as the HVAC Standards provided in this Lease and DAS Leased
Facility Construction Standards)
(c) Within forty-five (45) days after execution of this. Lease, Lessor shall deliver to Lessee th.
Construction Exhibits which shall incorporate Facility Tenant Improvement Specifications (Exhibit A-1) ani 1
the Construction Standards (Exhibit B), prepared by applicable licensed professional(s) employed by Lessor .
These Construction Exhibits are subject to review and approval by Lessee. Lessee shall review th..
Construction Exhibits within a reasonable period of time, proceeding with due diligence, and shall approve-,
reject or suggest changes. Except for Exhibit E, when changes are suggested by Lessee, Lessor shall maks.;
those changes within a reasonable time period acting with due diligence and resubmit the Exhibits to Lessee.
Lessee shall review the revised Construction Exhibits within a reasonable time period and approve them i f
satisfactory. The final version of the Construction Exhibits approved by Lessee shall bear the stamp(s) of
Lessor's professional(s) and be finalized by sign -off by Lessor and Lessee. The Department o f
Administrative Services may sign -off for Lessee when so requested by Lessee. No work by Lessor shall
begin until all the Construction Exhibits have been so finalized. Any changes to the finalized Constructioi
Exhibits shall be negotiated and processed as change orders. Lessee will be responsible for up to $150,000.0+)
in additional costs, but only to the extent the costs are specifically approved in a change order signed b
Lessor and Lessee. Change orders for the additional costs of tenant improvements may only be approved for
Lessee by Roberta Watson of the Department of State Police or by her successor. Lessee will have no
obligation to pay for any additional work that is not documented by a signed change order. Lessee shall hav
the option to amortize any additional approved costs over the fifteen (15) year base Lease term at an intere t
rate of nine (9%) percent per annum or pay the additional amount in a lump sum upon receipt of the certifies i
statement. Upon completion of the work, Lessor will provide Lessee a certified statement showing a detaile 1
cost breakdown of the total actual cost for all labor and materials, including labor and materials for an i
additional approved work. If the actual cost of the tenant improvements is less than the agreed change ordei ,
Lessor shall memorialize the decrease in a change order signed by Lessor and Lessee. Change orders for th
Page 4 DAS LEASE CONTROL NUMBER 062672
decreased costs of tenant improvements may only be approved for Lessee by Roberta Watson of the
Department of State Police or by his successor. The increase to or credit against the Base Rent shall be
meniorialize'd in a r ease Amendment All change orders which materially change the terms of the Tease
shall require review and approval by the Department of Administrative Services.
(c-1) With respect to Exhibit F, Mechanical Plans and Specifications for HVAC System, Lessoi
acknowledges that proper performance of the HVAC system is of critical importance to Lessee. Lessoi
expressly agrees as follows: Lessor shall: (1) provide Exhibit F, Mechanical Plans and Specifications.
supported by a Summary of Engineering Analysis for Lessee's review, which shall demonstrate the systen
complies with the Uniform Building Code HVAC requirements and the DAS Leased Facility Construction
Standards, Chapter 7 Systems- Heating, Ventilating and Air Conditioning (HVAC) and HVAC Projec
Close-out which is made a part of this Lease by this reference; and (2) use the more stringent or the highea
standard m case of any conflict among the HVAC standards referenced above. Lessor expressl ,
acknowledges and agrees that the proper performance of HVAC system in the Premises is and shall remail
Lessor's responsibility and that Lessee's review and approval of Lessor's HVAC Plans and Specification.
shall in no way diminish or relieve Lessor of Lessor's responsibility for the proper performance of HVA(.
System in accordance with standards required under this Lease. In the event that air flows are inadequate o
temperatures are uneven or deviating from the standards specified, Lessee shall immediately report it tc.
Lessor for correction. Lessor shall with due diligence act on the problems so reported to Lessor in the mos
timely manner feasible.
(d) Should Lessor fail to submit the Construction Exhibits to Lessee for Lessee's approval within th,
time period specified in subparagraph (c) above or should such Construction Exhibits fail to meet the
approval of Lessee and fail to be finalized within 60 days after the execution of this Lease, Lessee shall hay,:
the right to cancel this Lease with ten (10) days prior written notice to Lessor without any liability o
obligation to Lessor.
(e) Upon completion of the work, including the HVAC system testing and adjustments as herein below
provided, Lessor shall provide to Lessee a statement, signed by Lessor, certifying that the work has beep I
completed in full compliance with all applicable codes and in accordance with all the specifics as provided
the finalized Construction Exhibits and the Change Orders, if any; and that the Premises are ready fo
Lessee's inspection for acceptance. Within 90 days after completion of the work Lessor shall provide Lesse;
and Department of Administrative Services each a set of as -built drawings, which shall include architectural,
electrical, and mechanical drawings. The Lessor's statement shall be supported with appropriate attachment ;
including permits, inspection reports, warranties, and reports of, consulting professionals, as applicable.
Lessee will inspect the Premises within five (5) working days after receipt of Lessor's statement. Lessee
shall inform Lessor in writing of Lessee's determination as to the acceptability of said work and of the.
Premises within ten (10) working days following the inspection.
(e-1) With respect to HVAC System installation and performance, Lessor shall require it;
HVAC/Mechanical contractor to perform certain "Project Close -Out" procedures and a Certificate of
Inspection by the HVAC design engineer as specified in Exhibit B, the DAS Leased Facilities Construction
Standards, Chapter 7 Systems -HVAC Project Close-out.
(f) Lessee and the Department of Administrative Services shall have the right to inspect Lessor's work in
progress from time to time. Lessee's approval of the Construction Exhibits, inspection of Lessor's work, an 1
taking possession of the Premises, in no event shall be deemed a waiver of any defects in or of Lessor's wor
or the Premises.
(g) Lessee shall owe no rent until the Commencement Date. If the date of delivery of the Premises i,
later than July 1, 2010, the date Lessee actually takes possession of the Premises shall be memorialized in th
form of a Lease Addendum as the Commencement Date. Such possession of the Premises by Lessee sha 1
Page 5 DAS LEASE CONTROL NUMBER 062672
not be construed as a waiver of any other remedies Lessee might have for Lessor's failure to deliver
possession of the Premises by July 1, 2010.
(h) Notwithstanding subsection (g) hereinabove, if only minor faults or minor omissions of Lessor's
work are noted at the inspection, Lessee may, at its option, take possession of the Premises on condition that
Lessor shall complete the work with due diligence as described in the Construction Exhibits. Lessee and
Lessor shall prepare a punch list of work remaining to be completed by Lessor as identified at the inspection,
and all such work shall be completed by Lessor at Lessor's expense within sixty (60) days after the
inspection. Any defects or omissions of Lessor's work subsequently discovered shall be reported to Lessor in
writing and be corrected or completed by Lessor at Lessor's expense within sixty (60) days after Lessee's
notification to Lessor. If Lessor fails to complete the work within the time specified, Lessee may, after
written notice to Lessor, withhold and retain ten percent (10 %) of the monthly rent, payable to Lessor upon
completion of the work with no interest, until such work is completed by Lessor, or have the necessary work
accomplished, and deduct the cost plus reasonable administrative costs from the rent.
(i) Lessor shall commence the work described in the Construction Exhibits in a timely manner and shall
entirely complete the work and deliver possession of the Premises to Lessee on or before July 1, 2010.
Except for reasons beyond control of Lessor or for causes attributable to Lessee's delay in granting the
required approvals of Lessor's Construction Exhibits, in the event Lessor fails to commence the work within
sixty (60) days after the date the building permit for the work is issued, or even if Lessor has commenced
said work, if Lessee reasonably determines by July 1, 2009 that Lessor will not be able to complete the work
and deliver the Premises to Lessee by July 1, 2010, Lessee may, after providing Lessor with ten (10) days
prior written notice, at its option, and without liability to Lessee, cancel this Lease, whereupon it will be null
and void and of no effect. Lessee's exercise of such option shall not impair Lessee's right to recover from
Lessor its reasonable damages attributable to Lessor's failure to deliver possession of the Premises on the
date specified hereinabove.
7.1 Public Works Contract. The Lessor's work to be performed under this Lease is considered "Public
Works" for the purposes of the Oregon Prevailing Wage Rate Law when the Lessor's work involves new
"construction" as opposed to "renovation" or "reconstruction" of an existing facility leased by the state and a
public agency will occupy or use 25% or more of the facility or contribute $750,000 or more in public funds
to the construction of the facility. Lessor, its contractor or subcontractors are then subject to the
requirements provided in the Oregon Administrative Rules (OAR) 839-025-004 to 839-025-0700. These
Rules are made a part of this Lease by this reference. Lessor is responsible to determine the applicable
prevailing wage rates for this project. If Lessor's work is a Public Work, Lessor agrees as follows:
(1) Lessor shall complete and return, BOLI Form WB -81, "Notice of Award of Public Works Contract"
(the "Award Form") to the Department of Administrative Services (DAS), Facilities Division, within thirty
(30) days of award of a Public Works contract. Lessor shall be assessed fixed, agreed and liquidated
damages in the amount of two hundred dollars ($200.00) for each month of delay in returning the completed
Award Form, which amount may be deducted from future rent. Lessor shall also be liable for any other
penalties, fees, assessments, fines or charges resulting from the inaccuracy or untimely filing of this Award
Form.
(2) Lessor shall from time to time assure Lessee as a state agency that Lessor is effectively monitoring
the business activities related to this project to ensure compliance with the Oregon Prevailing Wage Rate
Law by Lessor, its contractors and subcontractors. If the Lessor, its contractor or subcontractors fails,
neglects, or refuses to make prompt payment of any claim for labor or services furnished thereto under this
project, Lessor shall be held responsible for such payment. If Lessee pays for such claim pursuant to ORS
279C.515, Lessor shall reimburse Lessee for all amounts paid with interest at the rate of 10%.
Page 6 DAS LEASE CONTROL NUMBER 062672
(3) Lessor shall ensure that no person shall be employed in construction related work under this Lease
for more than ten (10) hours in any one day, or forty (40) hours in any one week except in cases of necessity,
or where the public pc,liw ahcnhitPly rPrniirec it and in siirb races the nercnn emnlnved shall he
paid at least time and one-half the regular rate of pay:
i) for all overtime in excess of eight hours a day or 40 hours in any one week when the work
week is five consecutive days, Monday through Friday; or
ii) for all overtime in excess of 10 hours a day or 40 hours in any one week when the work week
is four consecutive days, Monday through Friday; and
iii) for all work performed on Saturday and on any legal holiday specified in ORS 279C.540.
(839-025-0020(2)(b)).
(4) Lessor shall give notice to employees who work on the public works contract in writing, either at the
time of hire or before commencement of work on the contract, or by posting a notice in a location frequented
by employees, of the number of hours per day and days per week that the employees may be required to
work.
(5) Lessor shall ensure that Lessor, its contractor or subcontractors shall make payment promptly, as
due, to any party furnishing medical, surgical or hospital care or other needed care and attention, incident to
sickness or injury, to employees of Lessor, its contractor or subcontractors, all sums which any of them
agreed to pay for such services and all monies and stuns which they collected or deducted from the wages of
the employees pursuant to any law, contract or agreement for the purpose of providing or paying for such
medical services.
(6) Lessor shall ensure that each worker in each trade or occupation employed in the performance of any
contracts related to this Lease shall be paid not less than the applicable state prevailing rate of wage or the
applicable federal prevailing rate of wage, whichever is higher, in effect at the time such work project was
first advertised for proposals. (OAR 839-025-0020(3) and (4) (a)).
(7) Lessor shall ensure that itself or its contractor or subcontractors shall file with the Lessee Forn
WH -38 "Payroll and Certified Statement" (the Form), which shall accurately set out their payroll for the
work week immediately preceding the submission of the form, as required by OAR 839-025-0010.
If the Lessee notifies the Lessor that the contractor has failed to submit its payroll and certified statement
forms to the Lessee as required under this subsection 7, the Lessor must retain 25 percent of any amount
earned by the contractor until the contractor has submitted the required payroll and certified statements to the
Lessee. (OAR 839-025-0010(5)).
(8) Lessor shall ensure that every contractor and every subcontractor has filed a public works bond with
the Construction Contractors Board before starting work on the project, unless exempt under ORS 279C.836
(7) or (8). (ORS 279C.380).
(9) Lessor shall ensure that itself or its contractor shall pay a fee to the Bureau of Labor and Industrie;
pursuant to the provisions of ORS 279C.825 and OAR 839-025-0200. The fee is one-tenth of one percent of
the cost of the work, but not less than $250 nor more than $7,500, regardless of the cost of the work. The fee
shall be paid to Lessee on the date this Lease is signed, and final adjustments to the fee must be made within
30 days of the final progress payment after completion of the work. (OAR 839-025-0020 (2)(e)).The fey
shall be mailed or otherwise delivered to BOLI at the following address:
Bureau of Labor and Industries
Wage and Hour Division
Prevailing Wage Rate Unit
800 N. E. Oregon Street #32
Portland, OR 97232
Page 7 DAS LEASE CONTROL NUMBER 062672
(10) If Lessor's work is interrupted, postponed, penalized or fined due to any notice served by BOLI, all
1�+P 7 tC ani' notice r`r arhnn tal{en by WIT T cha11 he at T eccnr'c cn1P rnct and Pxnence
expea.o...�i re.uwu J J r ----
8. Improvements and Alterations. 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 will retain ownership of all fixtures, partitions, personal property and the like placed in the Premises
by Lessee. Any tenant improvement work which modifies or affects proper operation of the HVAC system
shall require written approval of Lessor. All improvements made by Lessee must also comply with ADA
requirements. Lessee may, but shall not be required to, remove such items at the end of the Lease term.
(a) Any future tenant improvement work must comply with the current State of Oregon Sustainable
Facilities and Standards Guidelines under section IL, -Renovation Projects for State and Leased Buildings.
9. Maintenance and Repair of Premises.
(a) Lessor shall perform at Lessor's sole cost and expense all necessary maintenance and repairs of: (1)
the structure, foundation, exterior walls, roof, doors and windows, elevators, emergency lighting, and
Lessor -provided fire extinguishers, Lessor provided window coverings, sidewalks, and parking area which
are located in or serve the Premises, maintaining the Premises and the common areas in a hazard free
condition; (2) the heating, air conditioning, plumbing, electrical, and lighting systems in the Premises,
replacing parts or the system as necessary, obtaining required permits and inspections from Codes
enforcement authorities; (3) the Premises, improvements, grounds, and landscaping, keeping them in good
repair and appearance, replacing dead, damaged or diseased plant materials when necessary; (4) interior
walls, performing touch-up and repainting as necessary when it is due to normal wear or deterioration; and
(5) carpets and other floor coverings. Carpets and other floor coverings shall be repaired and replaced as
necessary by Lessor at Lessor's sole cost and expense when it is due to premature wear/deterioration or due
to normal and expected wear and tear. Lessor understands and agrees that the carpets and other floor
coverings provided or installed in the Premises at the commencement of this Lease shall be of the type and
quality to last at least through the original term of the Lease; and that the areas identified by Lessee as the
high traffic areas such as public/client waiting areas shall be provided with a heavy duty stain resistant vinyl
backed carpet with moisture guard features. Carpets and floor coverings which fail to last through the
original term of the Lease under normal and expected wear shall be considered "premature wear" for the
purposes of this paragraph. Lessor shall at Lessor's sole cost and expense provide, furnish, install, and
replace all exterior and interior light fixtures, including ballasts, bulbs, and fluorescent tubes, except when
Lessor is NOT responsible for providing the janitorial services under this Lease, in which case Lessee shall
be responsible for replacing the interior bulbs and interior fluorescent tubes. The parties acknowledge that
energy conservation to the extent feasible is in the best interest to both parties, and agree to make best efforts
to contribute toward gaining energy efficiency wherever possible.
(a-1) Lessor shall notify Lessee a minimum of three (3) workdays in advance of any maintenance and/oi
repair of the interior or exterior of the Premises that may affect the environment of the employees and
customers. If Lessee determines that the work will be disruptive, Lessee and Lessor shall negotiate a mutual
resolution.
(b) Property Management Service. In the event Lessor employs a property management service tc
perform all or part of the above listed maintenance and repair of the Leased Premises, Lessee shall have the
right to inform such property management service of any deficiencies in the performance of its services. Ir
the event those duties are not performed in a satisfactory or timely manner, Lessee shall have the right tc
notify Lessor of such unsatisfactory service, and request Lessor take appropriate corrective actions including
termination or replacement of such property management service, if the performance continues to bt
unsatisfactory as determined by Lessee.
Page 8 DAS LEASE CONTROL NUMBER 062672
(c) Should Lessor fail to maintain the Premises in accordance with above requirements, and after
reasonable prior notification to Lessor to remedy the problems, Lessee may contract for necessary labor,
eq ipment and material to bring Premises within those requirements and shall deduct related costs plus
reasonable administrative costs from future rent payments.
(d) 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 and
expected wear and tear, permitted alterations, and damage by fire or other casualty.
10. Heating, Ventilating and Air Conditioning (HVAC) Standards.
(a) The HVAC system shall be of the design and performance as specified in DAS Leased Facilities
Construction Standards, Chapter 7 Systems -Heating, Ventilating and Air Conditioning (HVAC) and HVAC
Project Close-out, as attached hereto as Exhibit B and made a part of this Lease by this reference. The
HVAC system must also comply with the State of Oregon Sustainable Facility Standards and Guidelines
under section II— Standards for Major Renovations of State Owned or Build to Suit Leased Buildings
attached hereto as Exhibit G and made a part of this Lease by this reference. Operating hours shall be 24
hours per day, 7 days per week.
(b) System Maintenance: Lessor shall be responsible for maintaining the system in proper operating
condition to the standards set forth above. Maintenance shall be performed as frequently as may be required
by the local conditions in keeping the system in proper operating condition, but shall not be less than: Every
three (3) months a preventative maintenance check, every six (6) months complete filter changes, once every
two years clean the coils on all units. On request by Lessee, Lessor shall provide Lessee with copies of work
orders signed by the maintenance person who performed the work. Should Lessor fail to maintain the system
in accordance with above standards, and after written notification to the Lessor, Lessee may contract for
necessary labor, equipment and material to bring system within those standards and may deduct related cost:
plus reasonable administrative costs from future rent payments.
11. Services and Utilities.
(a) Lessor will cause the utilities and services listed below to be furnished to the Premises. Charge:-
shall
harge:shall be paid as indicated:
Monthly Charges Paid By:
Utility or Service Lessor / Lessee
Water X
Sewer X
Electricity X
Gas X
Fuel -Oil X
Trash Removal X
Janitorial Service X
Janitorial Supplies (including recycling charges) X
Window Washing X
Snow and Ice Removal X
Building Security (If required) X
Pest Control X
(b) Lessor shall arrange for janitorial services that comply with the specifications contained in th
attached Exhibit G and use cleaning products that are environmentally responsible. In doing so, Lessor sha 1
make best effort to support the policy of the State of Oregon, as provided in Oregon Revised Statute s
279.835 to 279.855, either by contracting with a qualified nonprofit agency for disabled individual
Page 9 DAS LEASE CONTROL NUMBER 062672
otherwise referred to as Qualified Rehabilitation Facility (QRF), whenever such is locally available and
feasible; or by allowing the janitorial services to be taken out of the Lease, with a corresponding reduction in
rent, to enable T essee to contract directly with a ()FP for the janitorial services if such becomes locally
available and feasible. Lessee is hereby given such an option, which may be exercised with at least sixty
(60) days advance written notice to Lessor. If Lessee chooses to contract directly with QRF for janitorial
services the rent shall be reduced by an amount equal to the cost of janitorial services specified at the time
Lessee chooses to contract with a QRF. The actual cost of providing janitorial service shall be determined by
the most recent invoice for payment of such services, which Lessor hereby agrees to provide to Lessee. The
Lease shall be amended to reflect the reduction in rent.. The party that is responsible for providing janitorial
services to the Premises, be it Lessor or Lessee, shall require its janitorial services contractor to support and
cooperate with the State's requirement in respect to collection and delivery of the recyclable materials to the
designated pick up point at the Premises. If desired, Lessor will cooperate with Lessee by permitting and
facilitating Lessee to make its own arrangements for its recyclable materials collections and pick ups as well
as providing adequate collection areas and storage facilities on Premises.
(c) Telephone and Data Cable and Wire: Lessor shall be responsible for the installation and
maintenance of all telephone and data cable and wire to the telephone/computer room/closet in the Premises
including bringing sufficient number of lines to the telephone and computer room on the floor and in the area
where the Premises are located for Lessee's use. Lessor shall also be responsible for installation of all statior
wire in the Premises during the initial tenant improvement work. Such installation shall meet the standard:
provided in the Telecommunications Pre -Wire Specifications (Exhibit A-1). Lessor shall be responsible tc
have the circuits tested upon completion of the Pre -wire work and provide Lessee with a copy of certification
supported by test data that all circuits are capable of supporting transmission speed of at least 100 MHz
Following the completion of the initial tenant improvement work, installation of any new station wire am.
data cable and the maintenance of all station wire shall be Lessee's responsibility. Station wire means tha
wire or cable which runs between the station jack(s) and the telephone/computer room, and those which nu t
between and among station jacks_
(d) Should Lessor fail to provide the janitorial and other services at the levels specified hereinabove,
including applicable Exhibits or attachments to this Lease, and after reasonable written notification to Lessor,
Lessee may contract for necessary labor, equipment and material to correct the deficiencies and shall deduct
the related costs plus reasonable administrative costs from future rent payments.
12. Lessee's Liability Coverage. Lessee agrees to be responsible for any damage or third party liability
which may arise from its occupancy and use of the Leased Premises, subject to the limitations and condition s
of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon Constitution, Article X [,
Section 7, to the extent of liability arising out of the negligence of the State.
13. Statement of Self -Insurance. Both Lessor and Lessee are self-insured for their property and liability
exposures, as subject to the Oregon Tort Claims Act, ORS 30.260 through 30.300. A Certificate of
Self -Insurance will be provided, upon request by either party.
14. Waiver of Subrogation. Neither Lessor nor Lessee shall be liable to the other for any loss arising out of
damage to or destruction of the Leased Premises or the Facility or the contents thereof, when such loss is
caused by any of the perils which are or could be included within or insured against by a standard form if
fire insurance with extended coverage, including sprinkler leakage insurance, if any. All such claims against
one another for any and all loss, however caused, hereby are waived. Said absence of liability shall ex st
whether or not the damage or destruction is caused by the negligence of either Lessor or Lessee or by any if
its respective agents, servants or employees. Each party shall fully provide its own property dama;e
insurance protection at its own expense, and each party shall look to its respective insurance carriers for
reimbursement of any such loss, and further, the insurance carriers involved shall not be entitled to
subrogation under any circumstance.
Page 10 DAS LEASE CONTROL NUMBER 062672
15. Casualty Damage. If the Premises or improvements thereon are damaged or destroyed by fire or other
casualty to such a debgree that the Premises are unsuitable p
le for the purose leased and if repairs cannot
' r -r--- r-----
reasonably be 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. To the
extent possible, Lessor agrees that all necessary repairs or reconstruction shall comply with the current State
of Oregon Sustainable Facility Guidelines and Standards. If Lessor's estimate for repair is greater than
ninety (90) days, then Lessee, upon receiving said estimate will have twenty (20) days to determine if it
wishes 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.
16. Assignment and Subletting. Lessee shall have the right to assign this Lease or sublet any part of the
Premises to another State agency, or sublet any parking spaces to state employees, without express approval
of Lessor; and Lessee may assign this Lease or sublet any portion of the Premises to other parties with
Lessor's written consent, which consent shall not be unreasonably withheld.
17. Funding. The parties understand that rental and other charges to Lessee under this Lease are to be paid.
only from funds derived by legislative appropriation or budget limitation. The parties mutually understand
that this Lease is made by the Lessee in its official capacity as a state agency and not by its officers as
individuals.
18. Non -appropriation.
(a) If sufficient funds have not been provided in the legislatively approved budget of Lessee
Department of State Police, to permit Lessee in the exercise of its reasonable administrative discretion ti
continue this Lease, Lessee may terminate this Lease without further liability to Lessor with not less than on.
hundred twenty (120) days prior written notice to Lessor. During such termination notice period, Lessee
may negotiate with Lessor for continued occupancy in a portion of the Premises at a reduced rent. If that i,,
not feasible on mutually acceptable terms, then the Lease shall terminate as notified. In determining the
availability of funds to Lessee, Lessee will use the budget approved by the Oregon State Legislature or act >;
of the Legislative Emergency Board.
(b) If by a specific legislative act, Lessee as named herein is abolished or its functions absorbed int()
other state agency or agencies, Lessee may terminate this Lease without further liability to Lessor with nct
less than 120 days prior written notice to Lessor.
(c) If any of the foregoing occurs with respect to an agency/division occupying only a portion of the
Premises, Lessee shall have the right to terminate as to that portion of the Premises.
19 Default. Neither party shall be in default under this Lease until written notice of the unperformed
obligation has been given and that obligation remains unperformed after notice for fifteen (15) days in the
case of a 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 tl e
performance. In case of a default the nondefaulting party may terminate this Lease with thirty (30) days
prior written notice to the defaulting party, and it shall be entitled to recover damages or any other remec y
provided by applicable law, or it may elect to perform the defaulting party's obligation and recover from ti e
defaulting party the costs plus interest at the rate of 10% for judgment. If Lessee makes such expenditures
the nondefaulting party, those expenditures plus reasonable administrative costs shall be deducted from ti le
rent.
Page 11 DAS LEASE CONTROL NUMBER 062672
20. Notices. Notices between the parties shall be in writing, effective when personally delivered to the
address specified herein under "Parties" on Page 1, or if mailed, effective forty-eight (48) hours following
ma 1 'g to the address for such party specified belnty or such ether address as either party may specify by
notice to the other.
21. Holdover. With 30 days prior written notice to Lessor Lessee may hold over this Lease for a period not
to exceed two (2) months after the end of the lease term without obtaining prior consent of Lessor. If Lessee
holds over the lease term, a tenancy from month to month shall be created at the same rental rate as the
immediately preceding month's, and the holdover shall not be construed as an exercise of any renewal option
contained herein. Lessee holding over the Lease longer than the first two months shall be subject to Lessor's
consent.
22. Confidentiality of Business Information.
Lessor acknowledges that Lessee's permitted use of the Premises includes the creation, management and
retention of business information of a personal or confidential nature, and that the unauthorized acquisition
or disclosure of such information may be grounds for civil and/or criminal liability. Lessor, for itself, its
agents, employees and contractors, agrees that it will take no action that would jeopardize the confidentiality
of Lessee's business information or expose such information to disclosure, whether such information has
been identified to Lessor as confidential or otherwise, and will cooperate with Lessee in affirmatively
protecting the confidentiality of all information so designated as confidential or otherwise of a sensitive
nature. Lessor acknowledges and agrees that violation of the provisions of this section will be deemed a
material breach of the Lease, for which Lessee may terminate the Lease and for which additional remedies
may also be available.
23. Operating Expense Escalation/De-escalation.
(a) It is the intent of the parties that Lessee shall pay its share of the Operating Expenses for the
Premises. The monthly base rent contains a component covering such expenses in terms of the best estimate,
which is to be reconciled with the actual expenses on an annual bases in accordance with the procedures
provided below. The component in the base rent for the Operating Expenses is $4,085.00 per month 01
$49,020.00 per year ("Base Operating Expenses"), The share of the Premises is 65% of the total rentable
square feet of the building in which Premises are located. The Operating Expense Year shall be the twelve
(12) month period commencing with the first full month of Lessee's occupancy of the Premises, and each
twelve (12) month period thereafter. For this Lease the first and Base Operating Expense Year shall be from
July 1, 2010 through June 30, 2011.
(b) Operating Expenses which are subject to escalation/de-escalation shall mean only those expense:,
required of Lessor to furnish the utilities and services to the Premises as specified in the "Services anc
Utilities" paragraph in this Lease. Such Operating Expenses shall not include: Lessor's expenditure fore
maintenance and repairs of the Premises under the "Maintenance and Repair of Premises" and "Heating.
Ventilating and Air Conditioning (HVAC) Standards" paragraphs of this Lease; nor Lessor's property
management expenses, nor premiums for Lessor's insurance coverage, nor any other cost or expense items of
Lessor's which are capitalized by Lessor for tax purposes, nor depreciation, nor debt service paid by Lessor.
(c) If during the term of this Lease, Lessor's Operating Expenses increase or decrease over the Bast;
Operating Expense Year expenses estimates, Lessee shall pay its proportionate share of the increase or
receive a rent refund equal to its proportionate share of the decrease within thirty (30) days of receipt of
statement from Lessor. Lessor shall provide a statement to Lessee within forty-five (45) days if possible but
shall not exceed ninety (90) days after the end of the Operating Expense Year, detailing th
increases/decreases in the Operating Expenses. Lessor is deemed to have waived the right to adjust the rer t
upward in case Lessor fails to provide the statement to Lessee within the ninety (90) day period. Lessee is t .
pay for any increase in a lump sum within thirty (30) days of receipt of statement from Lessor. Lessor s
failure to provide Lessee with the accounting statement shall not abrogate Lessee's right to receive th
Page 12 DAS LEASE CONTROL NUMBER 062672
benefits of any de-escalation. Anytime during the Lease period, Lessor shall make available, upon Lessee's
request, books, records, or receipts substantiating the actual expense amounts.
24. Cancellation of Prior Lease. Upon the Commencement Date, this Lease supersedes and cancels the
prior Lease between Deschutes County successor in interest to Del Kennel, Dolores Kennel and Darlene J.
Paise, Trustee of the Chester M. Paise and Darlene J. Paise Family Trust B, Lessor and Department of State
Police, Lessee dated November 13, 1986.
25. Brokerage. Lessor agrees to pay any commission due resulting from this transaction and to hold Lessee
harmless from any claim for commission by any broker.
26. Subordination/Attornment Agreement. Lessee will respond to Lessor's reasonable request for
subordination or attornment agreement, provided such document shall clearly state that any successor m
interest to Lessor under this Lease shall assume and perform all the responsibilities and obligations of Lessor
under this Lease. Such document shall not contain any provision requesting Lessee to save, hold harmless or
indemnify Lessor, a lender or any other third party.
27. NO PRESUMPTION AGAINST DRAFTER. Lessor and Lessee understand, agree and acknowledge
that: (a) This Lease has been freely negotiated by both parties; and (b) That, in any controversy, dispute, or
contest over the meaning, interpretation, validity, or enforceability of this Lease or any of its terms or
conditions, there shall be no inference, presumption, or conclusion drawn whatsoever against either party by
virtue of that party having drafted this Lease or any portion thereof.
28. 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 ACKNOWLEDGES THAT LESSOR HAS READ THIS LEASE.
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
Lessor agrees to comply with all federal, state, and local laws, regulations, executive orders and ordinance`
applicable to this Lease which are incorporated by reference herein.
This Lease shall not become effective and shall not be binding upon the State of Oregon or any agency
thereof until it has been executed, in the signature spaces provided below, by all parties to this Agreement,
including those whose approval is required.
Page 13 DAS LEASE CONTROL NUMBER 062672
LESSOR: DESCHUTES COUNTY
Rv
By
By
Dennis R. Luke, Chair
Tammy (Baney) Melton, Commissioner
Michael M. Daly, Commissioner
Tax ID Number 493 - 4 d D 2 9�
LESSEE: STATE OF OREGON acting by and through its
De..._,:® nt of State Poli
APPROVAL: STATE OF OREGON acting by and through its
Department of Administrative Services
By
Facilities Division
Date
LIST OF EXHIBITS
1. Exhibit A - Site Plan and Parking Plan (attached)
2. Exhibit A-1 Lessee's Facility Requirements (attached)
2. Exhibit B - Department of Administrative Services Leased Facility, Construction Standards (attached)
3. Exhibit C - Sustainability Plan (to be provided by Lessor at a later date)
4. Exhibit D - Lessor's Construction Work Specifications (to be provided by Lessor at a later date)
5. Exhibit E - Full set of Lessor's Construction Drawings (including Space Plans, Architectural
and mechanical drawings) (to be provided by Lessor at a later date)
6. Exhibit F - Mechanical Plans and Specifications for HVAC System (Include the Summary of
Engineering
Analysis, such as one typically required in building permit applications for
mechanical for mechanical systems which demonstrates compliance with Uniform
Building Code HVAC requirements as well as the HVAC Standards provided in this Lease
and DAS Leased Facility Construction Standards) (to be provided by Lessor at a later date)
7. Exhibit G. - Janitorial Specifications (attached)
LSospBendFinal Review.doc
Vmc 6/10/08
Page 14 DAS LEASE CONTROL NUMBER 062672
TO:
RE:
Leasing Manager, Real Property Services
Facilities Division
Department of Administrative Services
1225 Ferry Street SE U100
Salem, Oregon 97301-4281
Lessee: Department of State Police
Premises: Poe Sholes Road, Bend, Oregon 97701
Pursuant to the Lease provisions on "CERTIFICATE OF COMPLIANCE WITH OREGON TAX LAWS"
and as required by the Oregon Department of Revenue's Administrative Rule, OAR 150-305.385(6)-(B), the
following Certificate is submitted on the annual basis on or about the anniversary date of this Lease. This
Certificate is for the lease year beginning 20 to 20
CERTIFICATE OF COMPLIANCE WITH OREGON TAX LAWS
I, the undersigned, hereby certify under penalty of perjury: (Check one)
that I am, to the best of my knowledge, not in violation of any Oregon tax laws.
that I am authorized to act in behalf of the Lessor, as named below, that I have authority and
knowledge regarding the payment of taxes, and that Lessor is, to the best of my knowledge, not
in violation of any Oregon tax laws.
For the purposes of this certificate, "Oregon tax laws" means the state inheritance tax, gift tax, persona!
income tax, withholding tax, corporation income and excise taxes, amusement device tax, timber taxes.
cigarette tax, other tobacco tax, 9-1-1 emergency communications tax, Elderly Rental Assistance Progran
and local taxes administered by the Department of Revenue (Lane Transit District Tax, Tri -Metropolitan
Transit District Employer Payroll Tax, and Tri -Metropolitan Transit District Self -Employment Tax).
Lessor:
Signature:
Printed Name:
Title: Date:
Page 15 DAS LEASE CONTROL NUMBER 062672
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