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HomeMy WebLinkAbout20121058.tiff RESOLUTION RE: APPROVE ASSIGNMENT OF LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NCMC, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Assignment of Lease Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and NCMC, Inc., commencing May 7, 2012, with further terms and conditions being as stated in said lease agreement, and WHEREAS, after review, the Board deems it advisable to approve said lease agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Assignment of Lease Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and NCMC, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said lease agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of April, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ��Sean P. Co y, Chair Weld County Clerk to the Board / +t\ Ease ill'am . Ga , Pro- em BY: . t( Deputy CI to the Board ra Kirkme er AP• 'OV-DDA eRM: � g \V� David E. Lon C Attorney us-1. c UIQ (2-11 r ougqs Radema her Date of signature: S - as / a a on `b '&UO cG 2012-1058 orb, 5 a3- I BC0043 ASSIGNMENT OF LEASE AGREEMENT THIS ASSIGNMENT OF LEASE AGREEMENT is dated this day of April, 2012, by and between the Fort Lupton Fire Protection District ("FLFPD"), with administration offices located at 1121 Denver Avenue, Fort Lupton, CO 80621; the Board of County Commissioners for the County of Weld, State of Colorado ("County"), on behalf of the Weld County Paramedic Services ("WCPS"), located at 1121 M Street, Greeley, CO 80631; and NCMC, INC., a Colorado nonprofit corporation("NCMC"), located at 1801 16th Street, Greeley, CO 80631.. WITNESSETH: WHEREAS, on November 9, 2011, the parties hereto entered into a lease agreement entitled, "Lease Agreement Between Fort Lupton Fire Protection District and Weld County Paramedic Services" ("Lease Agreement"), wherein County leased a portion of Station#2 (2999 9th Street, Fort Lupton, Colorado) from FLFPD, allowing WCPS temporary living quarters for on-duty Emergency Medical Technicians serving Fort Lupton and the south part of Weld County, during their shifts, and a bay to maintain an ambulance and other EMS equipment as WCPS deemed necessary, with the term of the Lease Agreement is for the period of one year, beginning January 1, 2012, with annual automatic renewals for successive one (1) year periods for up to five(5) consecutive years, and WHEREAS, through agreements dated April 23, 2012, between County, NCMC and Banner Health ("Banner"), County has agreed to on May 7, 2012, transfer the WCPS to those entities for continued operations as a paramedic service within Weld County and the municipalities located therein, and WHEREAS, as a part of said transaction,NCMC will be leasing from County two ambulance facilities located in Greeley, Colorado, and Evans, Colorado, for the purpose of housing ambulances and staff of the WCPS, and desires to continue the Lease Agreement for the quarters and ambulance bay at Station#2 through an assignment of the same from County to NCMC, with a sublease to Banner, and WHEREAS, County now wishes to assign all of its right, title and interest in and to said Lease Agreement to NCMC as of May 7, 2012, in order to enable NCMC and Banner to continue operating the WCPS from Station#2 in compliance with the terms and conditions of said Lease Agreement, and NCMC accepts said assignment, and WHEREAS, the FLFPD hereby consents to said assignment according to the terms and conditions set forth in said Lease Agreement, and to the sublease to Banner (by separate agreement), with the understanding and requirement that NCMC and Banner shall continue to comply with the terms, conditions, and requirements set forth in the Lease Agreement NOW, THEREFORE, in consideration of the promises and covenants stated herein, pursuant to the terms and conditions stated herein and in the Lease Agreement, County hereby assigns all of its rights,title and interest in and to said Lease Agreement to NCMC as of May 7, 1 2012,and NCMC hereby accepts said assignment and agrees to comply with all of its terms, conditions and requirements. FURTHERMORE,the FLFPD hereby consents to the assignment of the Lease Agreement to NCMC,with the knowledge that NCMC will be subleasing the Station#2 space to Banner through a separate agreement. The FLFPD hereby also consents to said sublease,as long as Banner also complies with all of the terms, conditions and requirements of the Lease Agreement. DATED this55 day of April,2012. ATTEST: COUNTY OF WELD,a political Clerk to the bard IS Lam subdivision of the STATE OF COLORADO by and through the Board of County °r is. ommissioners of the COUNTY OF WELD ttai By: Iw 1.i td�! i��•:`il v By: Deputy Cler to the Board `""" Sean P. Conway,Chairman 2012 FORT LUPTON FIRE PROTECTION DISTRICT Byxi�/ q ' ak___ arry em ber, Presi ent NCMC, Inc. By: Al Dominguez air d resi 2 cQoia-/ess Hello