HomeMy WebLinkAbout790563.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, 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, Concordia Corporation has tendered a Business
Lease to the Board of Trustees of Weld County Genera.l 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, 1979 through May 15, 1982 , and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado deems it in the best interests of Weld County to authorize
the execution of said lease.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners 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
and incorporated herein by 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 7th day of
March, A.D. , 1979.
BOARD OF COUNTY COMMISSIONERS
ATTEST: "na-ck, (7 AA-4"40iUGCy�! LD COUNTY, COLORADO
Weld County Clerk and Recorder
r_G*erk
to the Bo _;> zae_ni€24}
D putt' Count Clerk // JJ ,
APP ED AS TO FORM:
a
County Attorney
DATE PRESENTED: MARCH 12, 1979
,L„ 15,60 y 790563
i
BUSINESS LEASE
THIS INDENTURE, made this 7th day of March , 1979, 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 occupied
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 de-
scribed, and
WHEREAS, such family practice residency training program has
been located in such premises pursuant to a lease dated the 29th
day of December, 1976, for a term 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, 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, particularly in
the role of a family type physician who would maintian 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.
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, 1979, until 12:00 o'clock noon on the 15th day of May,
1982.
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.
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Accordingly, a-- as consideration for the J?ntal of the premises
by Lessor to Lessee, the latter agrees to pay to Lessor the following
amounts:
(a) One Hundred Twenty-eight Thousand Five Hundred Ninety-six
Dollars ($128,596. 00) . Such total rental is computed on the basis
of $40, 000. 00 for the first year of this lease, $42, 800. 00 for the
second year of the lease (being an increase of 7% from the first
year) , and $45,796. 00 for the third year (being an increase of 7%
from the second year) . Therefore, such amount is due and payable
in monthly installments as follows:
(1) $3,333. 33 on the 15th day of each month, commencing
with May 15, 1979, through March 15 , 1980;
(2) $3,333. 37 on the 15th day of April, 1980;
(3) $3,566. 66 on the 15th day of each month, commencing
May 15, 1980, through March 15, 1981;
(4) $3,566. 74 on the 15th day of April, 1981;
(5) $3,816.33 on the 15th day of each month, commencing
with May 15, 1981, through March 15, 1982;
(6) $3,816. 37 on the 15th day of April, 1982.
(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,
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 approximately 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 in-
surance 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
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' such terms and cond_ _ions, Lessor may lease tht_ demised premises or
any part thereof to parties other than Lessee.
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.
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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
BYE ��� �w 1✓t�Lo ��
Pres 1rie�
ATT a S t : C-C4
tary �—
• BOARD OF TRUSTEES OF THE WELD •
COUNTY GENERAL HOSP AL
By: G '//
Ch an of the o rd
ATTEST: /Fi ;u1AQtiru/ BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
/mei lerk to the Boar
Chairman of the Board
p ty County C k
AP• •O"D AS TO FORM:
County Attorney
•
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