HomeMy WebLinkAbout2025-060 AGRMT AMND #4 Oregon Child Development Coalition, Inc. FOURTH AMENDMENT
TO
BRISCOE SCHOOL
PROPERTY LEASE
This FOURTH AMENDMENT TO THE BRISCOE SCHOOL PROPERTY LEASE
AGREEMENT(the"Lease") is entered into as of the date of the last signature herein between
the CITY OF ASHLAND ("Lessor"and"City")and the OREGON CHILD DEVELOPMENT
COALITION, INC. ("Lessee"and"OCDC"), collectively the"Parties", for the property located
at 265 North Main Street(the"Property").
RECITALS
A. The last fully incorporated agreement between City and OCDC was executed December
19, 2014, between Jackson County School District No. 5 and OCDC ("Lease"). Since then, the
agreement has been amended three times with the City after its purchase of the Property in 2018,
in the years 2018, 2021, and 2022.
B. The Thitd Amendment to the Lease effective in 2022 expired on June 30, 2025,and
included an option for OCDC to extend said Lease for an additional three-year period to June 30,
2028.
C. On April 30, 2025 by letter to the City, OCDC exercised that three-year extension 60
days before said expiration date for City approval.
D. Subsequently,the parties discovered that OCDC had inadvertently not been paying
the utility bills for the Property as required by the Lease due to no fault by either party,
resulting in the City having paid the utility bills for the Property from May 6, 2019 to May
22, 2025 on the two following City billing accounts:
a. Account#1497 totaling$35,799.44 and
b. Account 41493 totaling$148,798.20,
C. For a grand total of$184,597.64 which both parties agree will be reimbursed
by OCDC to the City.
E. Also, the patties discovered that OCDC's first three payments under the new
requested extension period for July,August and September 2025 were made in the amount
of previous expired term's monthly payment of$13,272.00 and did not include the annual
One Percent(1%) increase required by the expired term. The requested new term lease
payments should have been$13,948.00 per month, resulting in an outstanding difference
per month of$676.00 or a total of$2,028.00 for said three months.
F. OCDC acknowledges that it owes the City under the new requested lease terms;
a. A total of$184,597.64, for outstanding utility payments that the City has paid on
OCDC's behalf($35 799.44 for Avista,and$148,798.20 for water and electricity);
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b. A total of$2,028.00 in additional rent for the first three months of the extended
lease for the 1%rent increase; and
C. Monthly payments of$13,948.00 for the remainder of the first year of the new
requested extension(October 2025 through June 2026).
G. Parties wish to extend the Lease in the same form as the original Lease and subsequent
amendments on a short term basis as detailed below and over the next Sixty Days they will
agree on the terms of a new and restated Lease Agreement which consolidates the terms of
the original Lease between the School District and OCDC as amended, with comprehensive
additional terms which will govern the relationship between the parties during the remainder
of the current extended term.in additional to those in this amendment, and into the future.
NOW,THEREFORE, the recitals are hereby incorporated into this Lease, and in
consideration of the mutual covenants, agreements,and rents contained herein, the Parties agree
as follows:
1. TERM,POSSESSION,AND OPTION TO RENEW.
a. The term of the Lease shall begin July 1, 2025 and end June 30, 2028 (the "Lease
Term").
2. CONSIDERATION.
a. The Lease Term payment amounts for each year areas follows, with
Lessee paying the specified monthly rate starting on July V each year for
the following three 12-nionth periods:
i. July 1,2025-June 30, 2026: $13,948
ii. July 1, 2026 - June 30, 2027: $14,088
iii. July 1, 2027---June 30, 2028: $14,229
b. Rent amounts are due and payable on the first day of each month and are
considered Iate after the tenth day of the month.Amounts not paid when due will
bear interest at the rate of Five Percent per annum until paid and the City may also
impose a five percent(5%) late charge on payments made more than ten(10) days
late for the first month of delinquency, without waiving other remedies available
for default.
3. OUTSTANDING UTILITY PAYMENTS
a. In consideration of entering into this Lease,the Parties agree that OCDC will:
i. Execute and deliver to the City a separate promissory note in the form
approved by both parties providing for the reimbursement of the utility bills
paid by the City on the Property from May 6, 2019 to May 22, 2025 in the
total amount of$184,597.64 in monthly payments amortized over the 36-
2
month term of this Lease extension interest free.
ii. Pay to City the additional rent of$2,028.00 for the 1%rent increase missed for
the July/August/September 2025 rent payments for the extended term,which
additional rent will be paid in full by the end of 2025 and the City accounting
office will confirm to OCDC when paid in Rill.
4, CONSOLIDATED NEW LEASE
a, The Parties agree to work diligently to negotiate and execute a new and restated
Lease Agreement within sixty (60)days of the effective date of this Note, which
Lease Agreement will consolidate the terms of the original Lease between the
School District and OCDC as amended, and will include comprehensive additional
terms which will govern the relationship between the Parties for the remainder of
the current extended Three-Year Lease term and into the future.
5, AUTHORITY TO EXECUTE
a. The individuals executing this Lease on behalf of the Parties expressly warrants
their authority to do so and that all necessary board resolutions have been
obtained.
IN WITNESS WHEREOF,the Parties hereto have executed this Fourth Amendment to the
Lease:
Lessot-: Lessee:
City of Ashland Oregon Child Development Coalition,Inc.
City�Man�ager Executive Director
Sabrina Cotta Donalda Dodson
Date: -1,0 -L-s Date: t t ra f r z2'S'-
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