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Home My WebLink About20182893.tiff RESOLUTION RE : APPROVE SECOND AMENDMENT TO ORIGINAL LEASE AND TO SUBLEASE AND AUTHORIZE CHAIR TO SIGN - NCMC , INC . , AND BANNER HEALTH 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 a Second Amendment to Original Lease between the County of Weld , State of Colorado , by and through the Board of County Commissioners of Weld County , and NCMC , Inc . , and to the Sublease between NCMC , Inc. , and Banner Health , commencing upon full execution of signatures , and ending October 1 , 2019 , with further terms and conditions being as stated in said second amendment , and WHEREAS , after review, the Board deems it advisable to approve said second amendment to original lease and sublease , 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 Second Amendment to Original Lease between the County of Weld , State of Colorado , by and through the Board of County Commissioners of Weld County , and NCMC , Inc . , and to the Sublease between NCMC , Inc . , and Banner Health , be and hereby is , approved . BE IT FURTHER RESOLVED by the Board that the Chair be , and hereby is , authorized to sign said second amendment to original lease and sublease . The above and foregoing Resolution was , on motion duly made and seconded , adopted by the following vote on the 24th day of September, A . D . , 2018 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO ��/ ' � , ATTEST : P",��:�-�t�/1,/ �i' • ..+C„�18o � � _ . - / „ � , _ . , Steve Moreno , Chair Weld C nty Clerk to the Bo � � , , ��M /� / � J/ )y e � / � L(.�V ��.��. � v� ' i �/ - i��.� � ! /(�� '" / � — _� �J ,,�, . arbara Kirkme Pro-Tem , . _ _---- BY . �, , �,� , �� ; . ,r � � . � / Y Deputy rk the ' �,.�;;,� -. — �4 Sean P . Conway . . = ��`� `.� ,� - �, �'. APPI� �" ORM : �°� � ��'� � EXCUSED � � . _ i F- Julie A . Cozad . . , � , � ou y Attorney -- ; _ t `'..1 � - - '. ; < < � C�� Mike Freeman Date of signature : � ` � �P.� i �� W�� g a � � � � 2018-2893 BC0051 DocuSign Envelope ID: EE549131-8D32-4795-6866-C1BEAF3DF689 SECOND AMENDMENT TO ORIGINAL LEASE AND TO SUBLEASE (BH Contract Number 0314-07-33285 A2) THIS SECOND AMENDMENT ("Second Amendment") TO ORIGINAL LEASE, by and between County of Weld, a political subdivision of the State of Colorado ("Weld County") and NCMC, Inc., a Colorado nonprofit corporation, ("NCMC"), and TO SUBLEASE, by and between NCMC, Inc., and Banner Health, an Arizona nonprofit corporation ("Banner"), is made and entered into and shall be effective as of the date of the last signature set forth below ("Effective Date"). Weld County, NCMC and Banner may collectively be referred to as the Parties. RECITALS: A. Weld County and NCMC are parties to that certain Lease Agreement dated April 23, 2012, and effective as of May 7, 2012, (the "Original Lease"), wherein Weld County leased to NCMC a building (the "Premises") to house ambulances and ambulance personnel, located at 1121 M Street, Greeley, Colorado, as more particularly described therein. B. Pursuant to the Section 3 of the Original Lease, NCMC was permitted to sublease the Premises to Banner, wherein the terms and conditions of the Original Lease were incorporated into the Sublease Agreement ("sublease"), apart from modifications made as described in the Sublease, which was effective as of May 7, 2012. C. Both the Original Lease and Sublease were extended by First Amendments both dated May 7, 2015 through May 6, 2018. D. Notwithstanding the respective First Amendments to both the Original Lease and the Sublease, the Parties all agree and desire to continue to follow the original terms and conditions of the Original Lease and the Sublease, including its modifications. E. Weld County has given notice to Banner that the Premises are needed by the County on October 1, 2019. This notification was given pursuant to the term and termination provision on Page 3of the Original Lease. F. The Parties also wish to update a minor provision regarding Notice in the Sublease. NOW THEREFORE, the Parties agree as set forth below: 1. Amendment of Original Lease and Sublease. a. Pursuant to the term and termination provision on Page 3 of the Original Lease, and of the Sublease, including its modifications, both the Original Lease and the Sublease "shall automatically renew upon expiration of the term then in effect for additional one year periods at the rent in effect in the month prior to expiration of the previous term", and that "[A]ny renewal term may be terminated with or without cause by either party upon at least sixty (60) day s prior written notice". b. The Parties agree that Banner shall vacate the said Premises on or before October 1, 2019. SVW July 2018 0314-07-33285 A2 1 DocuSign Envelope ID : EE549131 -8D32-4795-6866-C1BEAF3DF689 c. Section 4 ( Notice ) of the Sublease is hereby amended as follows : "To Banner : Banner Health Legal Department 2601 N . Central Avenue, Suite 160 Phoenix, AZ 85012 -2700 Attn : Chief Legal Officer/General Counsel" 2 . Ori�inal Lease and Sublease Effective . Except as amended by this Second Amendment, the Original Lease and Sublease attached hereto and hereby made a part of this Second Amendment shall remain in full force and effect . 3 . Precedence of Amendment . In the event of a conflict between the terms and conditions of this Second Amendment and the terms and conditions of the Original Lease and Sublease, the terms and conditions of first the Original Lease, and then the Sublease, including its modifications, shall govern and control . 4 . Capitalized Terms . All capitalized terms used in this Second Amendment and not otherwise defined herein shall have the meaning ascribed to such terms in the Original Lease and Sublease . 5 . Incorporation . This Second Amendment shall be attached to, and made a part of, both the Original Lease and Sublease . This Second Amendment will not be in effect until signed by all the Parties . DocuSigned by: By • I�, � 6434F3F6A6264E2. .. ,, i �� J��' , Ndl11e : jpff ['arlcnn , By • _ ��- ` -4 --� ,% ` � ' 2 c- -,. � � . • It5 : Fxeriitiva flirartnr Name : Steve Moreno August 23 , 2018 � 9 : 34 AM MST Chair , Board of Weld Signature Date : Its : County Commissioners SEP 2 4 � i a� Signature Date : COUNTY OF WELD, a political subdivision of NCMC, INC., a Colorado nonprofit corporation the STATE OF COLORADO, by and through the Board of County Commissioners of the County of Weld BANNER HEALTH , an Arizona nonprofit �� - � � 93 corporation By c—DocuSigned by Ataroo 644()A. '-AB5020EE7AB4450 Name Margo Karctan Its President( Western Div/CEO NOCO August 23, 2018 I 5 38 AM MST Signature Date SVW July 2018 0314-07-33285 A2 2 RE : SECOND AMENDMENT TO ORIGINAL LEASE AND SUBLEASE - BANNER HEALTH APPROVED AS TO SUBSTANCE : �% . Elect Official or Department Head APPROVED AS TO FUNDING : � / Controller APPROVED AS TO FORM : . . , .-. County Attorney � /8 - � � �3 Hello