HomeMy WebLinkAboutAgenda - 06-03-2008-4tORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 3, 2008
Action Agenda
Item No. q- --~'
SUBJECT: Lease Approval: Hillsborough Commons
DEPARTMENT: Purchasing, Budget, County PUBLIC HEARING: (Y/N) No
Attorney
ATTACHMENT(S): INFORMATION CONTACT:
Pam Jones, 919-245-2652
Donna Coffey, 919-245-2151
Geof Gledhill/Brian Ferrell, 732-2196
PURPOSE: To consider approving a lease for 56,328 square feet of space at Hillsborough
Commons Shopping Center for use by the Department of Social Services (DSS).
BACKGROUND: On March 6, 2008, the County Commissioners approved a motion that
directed staff and the County Attorney to negotiate and present the most favorable
lease/purchase arrangement possible for the Hillsborough Commons Shopping Center, along
with an appropriate funding plan and approvals by the Local Government Commission as may
be needed. The terms of this lease are as follows:
® Lease Term: 10 years and three months, with options to renew up to 30 years.
• Minimum Rent:
^ Months 1-3 are rent free
^ *Months 4-63: $59,363 ($712,356)
(2012 option to purchase occurs in this lease term)
^ Months 64-123: $63,858 ($766,296)
^ **Months 124-183: $60,787 ($729,444)
(reduction reflects amortization of landlord's contribution to upfit)
^ Months 184-243: $65,904 ($790,848)
^ Months 244-303: $71,537 ($858,444)
^ Months 304-363: $77,733 ($932,796)
® The County's proportionate share of the center is 52.26% and is the basis of
Common Area Maintenance/Taxes and Insurance calculations. Costs of such are
included in the base rent up to a total of $221,751, above which the County would be
billed annually around March 1.
• The County will provide interior maintenance, including maintenance of systems
such as the HVAC, lighting and plumbing.
• The County will be responsible for all utility costs, except those associated with
exterior lighting, including parking lot lighting, which will be included in the Common Area
Maintenance assessment.
• The owner will be responsible for exterior maintenance of the building, including
roofing and site maintenance.
• The base lease includes $600,000 contribution by the Landlord toward upfit costs
by the County. i411 other costs of upfit will be the responsibility of the County.
® The owner will allow the construction of the sustainable design elements proposed
by the County, such as parking lot improvements and the addition of natural daylighting
to the building as part of the upfit initiative. These amounts, however, would be reported
separately to the Board at such time plans are developed since they lie entirely outside of
the lease and interior upfit costs.
• The County shall have the option, but not the obligation to purchase the entire
shopping center by February, 2012 at a cost of $15,489,000, minus $15,000 for each
month rent has been paid during the lease term.
DSS has submitted a list of desired amenities for the space. Upon. approval of the lease by the
Board, a contract with an architect will be prepared based on previous Board authorization and
programming commenced. It is anticipated departmental programming and architectural
analysis of sustainable design options can be accomplished within approximately 120 days,
including regulatory approvals. During the same time period, staff will pursue a Construction
Manager at Risk (CMAR) contract for consideration by the Board in August 2008. Bringing the
CMAR under contract early in the process will allow the upfit and sustainable elements to be
accurately priced early in the work so the Board may make well-informed decisions about the
magnitude of investment at the site.
FINANCIAL IMPACT: Costs for the lease in the amount of $712,356 will be met through
General Fund appropriations in the DSS budget. The County'will be reimbursed of 50% of the
lease and operating costs, such as utilities. Upfit costs beyond those included in the lease are
included in the 2008-2018 Capital Investment Plan, pursuant to earlier Board discussions. Upfit
costs are also reimbursed at 50%, based on a 10-year depreciation schedule.
RECOMMENDATION(S): The Manager recommends that the Board .direct the County
Attorney to collaborate with staff and the owner to prepare a lease for approximately 56,328
square feet of space at the Hillsborough Commons Shopping Center that incorporates the
material terms cited above; and authorize the Chair to sign on behalf of the Board.