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Home My WebLink About760461.tiff RESOLUTION RE: APPROVAL OF CONTRACT BETWEEN CONCORDIA CORPORATION, AS LESSOR AND THE BOARD OF TRUSTEES OF WELD COUNTY GENERAL HOSPITAL AS LESSEE. WHEREAS, The Board of County Commissioners of Weld County, Colorado, are vested with the authority of managing the affairs of Weld County, Colorado, and WHEREAS, Concordia Corporation has tendered a Business Lease to the Board of Trustees of Weld County General Hospital which lease covers certain property located at 1801 17th Street, Greeley, Colorado, and which lease proposes to house the Family Practice Residency Training Program for the term commencing May 15 , 1977 through May 15 , 1979 , and WHEREAS, the Board of County Commissioners of Weld County, Colorado deem it in the best interests of Weld County to auth- orize the execution of said lease. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the lease between the Concordia Corporation and the Board of Trustees of Weld County General Hospital , a copy of which is attached to this Resolution for ready reference, be and the same is hereby approved. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D. , 1976. BOARD OF COUNTY COMMISSIONERS WELD O TY, COLORADO X Z- ' tv ATTEST: 0-County Clerk and Recorder and Clerk to the Board r � _tee, Deputy County Clerk APP VED AS TO FORM: id ounty Attorney ti 760461 BUSINESS LEASE THIS INDENTURE, made this 29th day December, 1976 , between CONCORDIA CORPORATION, a corporation duly organized and existing under and by virtue of the laws of the State of Colorado (herein the Lessor) and the BOARD OF TRUSTEES OF THE WELD COUNTY GENERAL HOSPITAL, a part of the political subdivision known as the County of Weld and State of Colorado (herein the Lessee) . WITNESSETH: WHEREAS, the Lessor is the owner of a building located at 1801 17th Street, Greeley, Colorado, which was formerly oc- cupied by the medical partnership known as the Greeley Clinic, which is presently only partially occupied, and the Board of Trustees of the Weld County General Hospital has authorized the development of a family practice residency training program which requires that a clinic be established, and it is considered desirable by both parties to this instrument to locate such clinic in the premises above described, and WHEREAS, such family practice residency training program has been located in such premises pursuant to a lease dated the 12th day of April, 1974, for a term from 12 : 00 o ' clock noon of the 15th day of May, 1974 until 12 : 00 o' clock noon on the 15th day of May, 1977, and WHEREAS , the Lessee desires to continue occupying a portion of the previously demised premises , and the Lessor desires to lease same, and WHEREAS , the announced purpose of the training program is to train physicians to render primary medical care, par- ticularly in the role of a family type physician who would maintain continuity of care of patients and families and serve as a referral physician to specialists whenever the needs of the patient were beyond their family physician' s capability. WHEREAS, Lessor approves the purpose for which Lessee desires to occupy the premises which are the subject matter of this Lease. n e' Cl'. �vSt.IZ..CRtu-f. Ea— NOW, THEREFORE, in consideration of the payment of the sums of money hereinafter provided, and the keeping and per- formance of the covenants and agreements by the said Lessee hereinafter set forth, Lessor hereby leases unto the said Lessee, the following described premises situate in the City of Greeley and State of Colorado, to-wit: All of the main floor of the old Greeley Clinic Building located at 1801 17th Street except that portion lying North of the South wall and East of the West wall of the reception room and North of a straight line formed by the South walls of wheel chair storage room, cloak room, new patient regis- tration room and telephone booth, as shown on Greeley Clinic Addition Alterations Plat as prepared by N. R. Brigham, Architect, said Plat being dated October 21, 1963; December 21 , 1963; and outlined in green ink thereon, which is attached hereto, marked as Exhibit "A" , and incorporated herein by reference; together with all that portion of the basement of said premises lying in the northeast corner of the demised premises designated as a boiler room; also together with the non- exclusive use of the parking lot which is adjacent to and was previously utilized as parking facilities for doctors , employees and patients of the Greeley Clinic prior to the latter 's move into the new clinic building, immediately West of the demised premises (it being understood and agreed that Lessor reserves unto itself for the benefit of the Greeley Clinic, a medical partnership, the right to use any portion of the parking lot adjacent to the demised premises that might be required by doctors, employees and patients of the Greeley Clinic) . TO HAVE AND TO HOLD THE SAME with the appurtenances unto the said Lessee from 12 : 00 o' clock noon of the 15th day of May, 1977, until 12 : 00 o' clock noon on the 15th day of May, 1979. It is acknowledged by the parties hereto that Lessor has leased and will additionally lease when the opportunity is available, the other portions of the old Greeley Clinic Building not hereinabove demised unto Lessee. A computation of the total square footage to be occupied by Lessee has been made, and it is agreed that this square footage is 8, 685. Additionally, a computation of the total square footage contained in the old Clinic Building is 19 ,288 . Accordingly, it is acknowledged by the parties hereto that Lessee is occupying 45% of said old Greeley Clinic Building. -2- Accordingly, and as consideration for the rental of the premises by Lessor to Lessee, the latter agrees to pay to Lessor the following amounts : (a) Fifty-two Thousand One Hundred Ten Dollars ($52, 110. 00) payable in installments as follows : (1) $3, 256 . 88 on May 15, 1977. (2) $6 , 513. 75 on July 1, 1977, and on the first day of each calendar quarter thereafter through January 1, 1979. (3) $3, 256 . 87 on April 1 , 1979 . (b) In proportion to the percentage of occupancy of Lessee, forty-five percent (45%) of each of the following costs for which Lessor will bill Lessee on a quarterly basis in arrears, and for which Lessee will remit within thirty (30) days thereafter: (1) All utilities, including but not limited to, gas , gas, electric, and water assessments or charges as are incurred from time to time. (2) All real estate taxes assessed and levied against said premises. Said tax payments will be payable by Lessee subsequent to receipt of notice of taxes due by Lessor, and upon request by Lessor of Lessee. Taxes for 1977 which represent less than a full 12 month lease year, shall be appropriately adjusted. There is a possibility that the portion of the old Clinic Building herein demised to Lessee may be exempt from taxes during the period of Lessee ' s occupancy. If this result ensues, Lessee shall be under no obligation to pay such taxes . (3) Prepaid or to be paid premiums on a casualty insurance policy which Lessor carries on the old Greeley Clinic Building during the demised term. Lessee will require its employees, patients and doctors involved in Lessee ' s program to utilize the parking lot area immediately adjacent to the demised premises, if such control of parking can be effectively accomplished. Should Lessor decide to lease the demised premises or any part thereof after the expiration of the term hereof, it will so notify Lessee at least six (6) months prior to the expiration date hereof, and shall give Lessee the first opportunity to negotiate terms and conditions of such new lease. If the parties hereto cannot agree as to such terms and conditions, Lessor may lease the demised premises or any part thereof to parties other than Lessee. -3- And the said Lessee, in consideration of the leasing of said premises as aforesaid, covenants and agrees as follows , to-wit: To pay the rent for said premises as hereinabove provided, at the expiration of this lease to surrender and deliver up said premises in as good order and condition as when the same were entered upon, loss by fire, inevitable accident or ordinary wear excepted; to sublet no part of said premises , nor assign this lease or any interest herein, without the written consent of the Lessor first being obtained; to use said premises for no purpose prohibited by the laws of the United States , or the State of Colorado, or the ordinances of the said City of Greeley, and for no improper or questionable purposes whatsoever; to keep said premises clean, and in the sanitary condition required by the ordinances and the health and police regulations of the said City of Greeley; to neither permit nor suffer any disorderly conduct, noise or nuisance whatever about said premises having a tendency to annoy or disturb any persons occupying adjacent pre- mises; to neither hold nor attempt to hold the Lessor liable of any injury or damage, either proximate or remote, which occur solely as a result of the negligence of the Lessee; to neither permit nor suffer said premises, or the walls or floors thereof, to be endangered by overloading, nor said premises to be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous , nor make any alterations or change in, or about said premises without first obtaining consent there- for; to allow Lessor at any reasonable hour of the day to enter into or upon and go through and view said premises ; It is agreed that in case said premises shall become un- tenantable on account of damage by fire, flood or act of God, this lease may be thereupon terminated by the said Lessee; It is further agreed that no assent, expressed or implied, to any breach of any one or more of the covenants or agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. -4- It is mutually agreed that if after the expiration of this lease, the Lessee shall remain in possession of said premises, and continue to pay rent without written agreement as to such possession, then such Lessee shall be regarded as a tenant from month to month. It is further mutually agreed that in case said premises are left vacant and any part of the rent therein reserved be unpaid, then the Lessor may, without in anywise being obliged so to do, and without terminating this Lease, retake possession of said premises, and rent the same for such rent and upon such conditions as the Lessor may think best, making such changes and repairs as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and said Lessee shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease. IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties aforesaid, that if the rent above reserved, or any part thereof, shall be in arrears, or if default shall be made in any of the covenants or agreements herein contained, to be kept by the said Lessee, it shall and may be lawful for the said Lessor to declare said term ended, and enter into the said premises, or any part thereof, either with or without process of law, to re- enter, and the said Lessee or any person or persons occupying the same, to expel, remove, and put out, using such force as may be necessary in so doing, without being liable to prosecution or in damages therefor, and the said premises again to repossess and enjoy, as in the first and former estate of the said Lessor. And if at any time said term shall be ended as aforesaid or in any other way, the said Lessee hereby covenants and agrees to surrender and deliver up said premises peaceably to said Lessor, immediately upon the termination of said term, and if the Lessee shall remain in possession of the same after the termination thereof. -5- IN WITNESS WHEREOF, the parties hereto have executed these presents on the day and year first above written. CONCORDIA CORPORATION B _; I Y: i✓Lc (,(..a.0 � :t-crt- _-- President ATTE _A c 4., ( 7) iti-k Secretary • BOARD OF TRUSTEES OF THE WELD COUNTY GENERAL HOSPITAL By: h/ ( :/ c c C i man o the Board "Iii 4CiAA4& admit .4v ATTEST: O BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board,- -- / I 1 BY• c C �_ ,TIC, /'i�' '.a q3 : i :-?,.- 34_i_c_el.. ) �_A-4-.1-6t,-- _ •Chairman'of the Bo rd Deputy County CXerk� AkPROVED AS TO FORM: \___.---- Z o -- td1: -.o."frroc,i <___rCounty Attorney -6- Hello