HomeMy WebLinkAboutDoc 150 - Lease to Cascade Peer-Self HelpDeschutes County Board of Commissioners
1300NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 1, 201S
DATE: March 16,2015
FROM: James Lewis Property & Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document 2015-150, a Lease between Deschutes County and the
Cascade Peer and Self Help Board.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Cascade Peer & Self Help Board is a peer-run program serving adults with mental health issues.
The program compliments Deschutes County Mental Health's Community Support Services, which
supports it with some paid staff and funding. The Center operates the Rainbow Clubhouse located in a
separate building at the County's Courthouse Annex site.
Although the Center works closely with the County's Mental Health Department, and has been
operating on the premises for years, it is a separate entitly and should operate its business in County
buildings under the terms of this lease agreement.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2015-150.
ATTENDANCE: James Lewis
DISTRIBUTION OF DOCUMENTS:
One fully signed original to James Lewis 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.)
Please complete all sections above the Official Review line.
Date: 103/16/20151 Department: IProperty &Facilitieij
Contractor/Supplier/Consultant Name: Cascade Peer and Self Hel
Contractor Contact: ILaurie Lindsey IPhone #: 541-693-4613
Type of Document: Lease
Goods and/or Services: Lease of County owned property
Background & History: The Cascade Peer & Self Help Board is a peer-run program
serving adults with mental health issues. The program compliments Deschutes County
Mental Health's Community Support Services, which supports it with some paid staff
and funding. The Center operates the Rainbow Clubhouse located in a separate
building at the County's Courthouse Annex site.
Although the Center works closely with the County's Mental Health Department, and has
been operating on the premises for years, it is a separate entity and should operate its
business in County buildings under the terms of this lease agreement.
Agreement Starting Date: 94/01/20151 Ending Date: 96/30/20181
Annual Value or Total Payment: INo Charg~
xx Insurance Certificate Received (check box)
Insurance Expiration Date: 06/13/2015
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? DYes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? DYes [g] No
Special conditions attached to this grant:
3117/2015
____ _
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: 0 Yes 0 No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: parnes Lewi~ Phone #: 385-1414
Department Director Approval: _~~~--=---__t _~
'SiQfiitUre Date
Distribution of Document:
One original to James Lewis for the Lessee
Official Review:
County Signature Required (check one): 0 SOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. _____)
Legal Review Date
Document Number 2015·150
311712015
REVIEWED
LEGAL COUNSEL
LEASE
This Lease is made by and between DESCHUTES COUNTY, a political subdivision of the
State of Oregon ("Lessor") and CASCADE PEER AND SELF HELP BOARD, a nonprofit
corporation ("Lessee").
Lessor hereby leases to Lessee and Lessee takes from Lessor the "Premises" described
as follows:
Property commonly known as the "Clubhouse" at the Courthouse Annex, 1128 NW
Harriman Street, Bend Oregon, 97701 -approximately Two Thousand Nine Hundred
(2,900) square feet of space.
The parties agree that the terms of this Lease are as follows:
1 . Occupancy
a) Term. The effective date of this Lease shall be April 1 ,2015, and shall continue
until June 30, 2018, or three (3) years, three (3) months. Lessor and Lessee each
reserve the right to terminate this Lease prior to its expiration with thirty (30) days
written notice, given to the other party.
b) Possession. During the Lease term Lessee shall be entitled to access the
Premises twenty-four hours a day, seven days a week. Changes to the hours and
days of access are at the discretion of County behavioral health staff.
c) Renewal Option. Except as otherwise provided in this Lease, if the Lessee is not
then in default and with Lessor's approval, Lessee has the option to renew this
lease for three (3) years by giving at least thirty (30) days written notice to Lessor
prior to the expiration of the lease term.
2. Rent. Lessee provides services to adults with mental health issues. The program
compliments Deschutes County Mental Health's Community Support Services,
which supports it with some paid staff and funding. In exchange for the benefit the
Lessee's service provides to the public, Lessor shall not charge Lessee rent during
the term of this Lease. The rent payable by Lessee has been established to reflect
the savings below market rent resulting from the exemption from taxation.
3. Use of Premises. The Premises shall be used by Lessee for offices, meeting
space, and educational resources.
Document 2015-150 Page 1 of 7
4. Restrictions on Use. In connection with the use of the Premises, Lessee shall:
a) Conform to all applicable laws and regulations of any public authority affecting
Lessee's use, and correct at Lessee's own expense any failure of compliance
created through Lessee's fault or by reason of Lessee's use.
b) Refrain from making any marks on or attaching any sign, insignia, antenna,
aerial, or other device to the walls or windows without the prior written consent of
Lessor, which consent shall not be withheld unreasonably.
c) Lessee shall not cause or permit any Hazardous Substance to be spilled, leaked,
disposed of, or otherwise released on or under the Premises. Lessee shall comply
with all Environmental Laws and exercise the highest degree of care in the use,
handling, and storage of Hazardous Substances and shall take all practicable
measures to minimize the quantity and toxicity of Hazardous Substances used,
handled, or stored on the Premises. Upon the expiration or termination of this
Lease, Lessee shall remove all Hazardous Substances from the Premises. The
term Environmental Law shall mean any federal, state, or local statute, regulation or
ordinance or any judicial or other governmental order pertaining to the protection of
health, safety or the environment. The term Hazardous Substance shall mean any
hazardous, toxic, infectious or radioactive substance, waste and material as defined
or listed by Environmental Law and shall include, without limitation, petroleum oil
and its fractions.
d) Lessee shall maintain its facilities and equipment on the Premises so as to
impact in the least possible way Lessor's eqUipment, facilities and personnel.
Lessee shall also secure its personal property on the Premises in a clean, safe and
sanitary condition when not in use.
e) Lessee warrants the honesty and integrity of all personnel and volunteers
Lessee authorizes to access or use the Premises. Lessee shall notify Lessor in
writing in advance of any changes in personnel having access to the Premises,
including without limitation suspension, termination or resignation. Lessee shall
have access to and through Lessor's security access system and shall be
responsible for retrieving access keys from Lessee's personnel who are no longer
authorized on the Premises.
f) Comply with Lessor's policies regarding smoking, parking, fragrances, facilities
maintenance, facilities use and violence in the workplace. Those poliCies are
attached to this lease as Exhibit A and by this reference are incorporated herein.
The Lessee's Safety Policy and Plan shall supplement the Lessor's policy to prevent
violence in the workplace. It is attached as page 9a in Exhibit A.
5. Maintenance and Repair of Premises.
a) Lessor's Obligations
Document 2015-150 Page 2 of 7
1) Lessor shall perform all necessary maintenance and repairs to the
structure, foundation, exteriorwalls, 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 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 improvements, grounds and
landscaping in good repair and appearance replacing dead, damaged or diseased
plant materials when necessary.
2) 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.
b) Lessee's Obligations.
1) 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. Lessee is responsible for its own
janitorial cleaning. Lessee shall ensure that frequent, routine cleanings occur and
Premises is well maintained. Exterior spaces are to remain neat and clean, and
free of any kind of debris, including trash, boxes, storage containers, food
containers, etc. Lessor will conduct periodic inspections of Premises to ensure that
these maintenance standards are adhered to.
2) Lessee's signage and decorative accessories may be allowed but must be
approved by the Lessor prior to installation. Placement of exterior signs, whether
wall-mounted or free-standing, will be subject to the prior approval of the County's
Building Services Division. Exterior signs, if allowed, must also comply with the City
of Bend sign code and be installed in accordance with all related City permit
regulations.
3) No decorative or other materials of any kind are permitted to be attached
to the ceiling or ceiling grids within the Premises.
6. Inspection of Premises. Lessor shall have the right to inspect the Premises any
reasonable time or times to determine the necessity of repair and Lessee's
compliance with its other obligations set forth in this Lease.
Document 2015-150 Page 30f7
7. Utilities and Services.
a) Lessor shall provide water, sewer, gas, and electricity. A trash dumpster that
may be used by the Lessee will be made available at an assigned location. Lessee
shall provide its own telephone service and janitorial services for the Premises.
b) Lessee agrees to pay property taxes, if applicable, on its leased space.
8. 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.
9. 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.
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 less than $1,000,000 each occurrence,
with an annual aggregate limit of $2,000,000 of all claims from a single incident.
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,
Document 2015-150 Page 4 of 7
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.
10. 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.
11. 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 termination of the Lease.
12. 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.
13. 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
Document 2015-150 Page 5 of 7
this Lease with thirty (30) days' notice in writing to the 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).
14. 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 Property & Facilities
Attn: Susan Ross
14 NW Kearney Avenue
Bend, Oregon 97701
Phone: 541-383-6713
Mail to:
P.O. Box 6005
Bend, OR 97708-6005
Lessee: Cascade Peer and Self Help Board
Attn: Laurie Lindsey
1128 NW Harriman Street
Bend, Oregon 97701
Phone: 541-693-4613
15. Assignment. Lessee shall not assign or sub-rent the Premises without the prior
written consent of the Lessor, which consent shall not be withheld unreasonably.
16. 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
attorney fees.
17. 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.
18. 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
Document 2015-150 Page 6 of 7
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, BYTHE 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.
Dated this ___day of _______, 2015
LESSOR:
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, CHAIR
ATTEST: ALAN UNGER, VICE CHAIR
Recording Secretary TAMMY BANEY, COMMISSIONER
Dated this ___day of ________, 2015
LESSEE:
Document 2015-150 Page 7 of 7