HomeMy WebLinkAboutAgreements/Contracts - GRISK19-208
LEASE AGREEMENT
THIS LEASE, made this a day of December, 2019, by and between GRANT
COUNTY PUBLIC HOSPITAL DISTRICT NO. 5, a Washington Public Hospital District,
having its principal place of business at Mattawa Community Medical Clinic 210
Government Road, PO Box 1581, Mattawa, Washington, 99349, ("Lessor"), and Grant
County, duly organized and operating under and by virtue of the Constitution and the
laws of the State of Washington, by and through Grant Integrated Services, 840 E Plum,
Moses Lake, WA 98837, ("Lessee").
WITNESSETH:
1. Demised Premises:
1 Demised Premises. Lessor hereby leases to Lessee, and Lessee
hereby_leases from Lessor, upon the terms and conditions set forth
herein, undesignated office and procedure room space, on a periodic
basis, as defined below, in the building located at 215 1st Street and
Columbia, Mattawa, Washington. Lessee shall also have a
nonexclusive right to use other areas of the building in common with
all other persons entitled to use the same, as appropriate to support
Lessee's use of the Demised Premises. such as hallways, bathrooms,
waiting rooms, and breakroom for staff use only, as well as, common
areas such as parking and public entrances. Such nonexclusive right
is subject to Lessor's discretion in designating areas of the Clinic for
such uses or similar uses, and may be changed from time to time
based upon Lessor's determination of the highest and best utilization
of the Clinic space.
2 Services. Lessor shall provide Lessee with the services specified in
Exhibit "A" attached hereto and incorporated by reference, subjectto
charges as indicated. Unless otherwise specified, Lessor will not bill
or charge Lessee's patients for the services provided and Lessee
shall be responsible for billing appropriate charges through to
patients. The services shall only be available to Lessee in connection
with Lessee's use of the Demised Premises and not for business
which Lessee may conduct at locations other than the Demised
Premises. Lessee acknowledges and agrees that the services are
provided on a nonexclusive basis in conjunction with all other persons
entitled to utilize such services. Therefore, the services shall be
subject to scheduling and other procedures as adopted by Lessor
from time to time.
1.3 Periodic Use. Lessee's use of the Demised Premises shall not be
limited.
2. Term:
2.1 Initial Term. In consideration of Lessor, the Lessee commits to an initial
lease term of one-year commencing January 1, 2020, and ending December
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31, 2020. All property improvements become the sole property of the Clinic
upon termination of the lease.
Further, provided: Notwithstanding the foregoing terms and provisions, the
Lessor or the Lessee may terminate this Lease upon not less than sixty (60)
days written notice.
3. Rental:
Lessee shall pay monthly rent in the amount of $800.00, the same due and
payable on the 5th of each month commencing on January 1, 2020.
4. Use:
Lessee agrees to use the Demised Premises for counseling and related
services. Lessee shall not use or permit the Demised Premises to be used
for any illegal purpose, and shall be responsible for compliance with all
applicable law, ordinances, regulations and requirements.
5. Services and Utilities:
Throughout the term of the Lease, Lessor shall pay all charges for local and
long distance telephone service. Further, Lessor will make provisions for
clerical staff as required for the purpose of appointment scheduling,
responding to telephone calls, and assisting with all clerical needs of the
Lessor.
6. Maintenance and Repairs:
6.1 Lessee's Responsibilities. Lessee shall cooperate with Lessor to
maintain the inside of the Demised Premises and improvements thereon
in the same order and condition as of the date it takes possession
thereof, reasonable wear and tear excepted, and to keep the Demised
Premises in a clean and sanitary condition according to the applicable
state, city and county health and sanitary laws and ordinances. Lessee
shall be responsible for the repair of any damages to the Demised
Premises caused by the Lessee. Lessor shall provide light housekeeping
for said Demised Premises.
6.2 Lessor's Responsibilities. Except as set forth above. Lessor shall, at its
own cost and expense, be responsible for normal repairs to and
maintenance of the Demised Premises, and the building in which they are
located.
7. Lessee's Default and Lessor Remedies:
7.1 Lessee's Default. The following events shall be deemed to be events of
default by Lessee under the Lease.
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Lessee's failure to comply with any other term, provision or covenant
of this Lease after receiving thirty (30) days written Notice of Default
and Notice to Cure.
Said written Notice of Default and Notice to Cure shall specify the
matter in default; provided, however, that if the nature of Lessee's
obligation is such that more than thirty (30) days are required for
performance, then Lessee shall not be in default if Lessee
commences performance within such thirty (30) day period and
thereafter diligently prosecutes the sameto completion.
7.2 Lessor's Remedies. Upon the occurrence of any of such events of
default described in Paragraph 7.1 hereof, Lessor shall have the option to
pursue any one or more of the following remedies without any notice or
demand whatsoever.
a. Terminate the Lease, in which event Lessee shall immediately
surrender the Demised Premises to Lessor, and if Lessee fails so to
do, Lessor may, without prejudice to any other remedy which it may
have for possession, enter upon and take possession of the Demised
Premises and expel or remove Lessee and any other person who may
be occupying such Demised Premises or any part thereof, and
Lessee agrees to pay Lessor on demand the amount of all loss and
damage which Lessor may suffer by reason of such termination
b. Enter upon the Demised Premises, and do whatever Lessee is
obligated to do under the terms of the Lease, and Lessee agrees to
reimburse Lessor on demand for any expenses which Lessor may
incur in thus effecting compliance with Lessee's obligations underthis
lease.
c. Whether or not Lessor retakes possession or relets the Demised
Premises, Lessor shall have the right to recover all damages caused
by Lessee's default, including reasonable attorney's fees. Damage
shall include, without limitation: all reasonable legal expenses and
other related costs incurred by Lessor following Lessee's default, and
the reasonable costs incurred by Lessor in restoring the Demised
Premises to good order and condition, and otherwise preparing the
Premises forre-letting.
d. Pursuit of any of the foregoing remedies shall not preclude pursuit of
any of the other remedies herein provided or any other remedies
provided by law, such remedies being cumulative and non-exclusive,
nor shall pursuit of any remedy for any damages occurring to Lessor
by reason of the violation of any of the terms, provisions and
covenants herein contained. No act or thing done bythe Lessor or its
agents during the lease term hereby granted shall be deemed a
termination of this Lease or an acceptance of the surrender of the
Demised Premises and no agreement to terminate this Lease or
accept surrender of said Demised Premises shall be valid unless in
writing signed by Lessor. No waiver by Lessor of any violation or
breach of any of the terms, provisions and covenants herein
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contained shall be deemed or construed to constitute a waiver of any
other violation or breach of any of the terms, provisions and
covenants herein contained. Forbearance by Lessor to enforce one
or more of the remedies herein provided upon an event of default
shall not be deemed or construed to constitute a waiver of such
default or of Lessor's right to enforce any such remedies with respect
to such default or any subsequent default.
S. Right toAccess:
Upon twenty four (24) hours written notice, Lessee will allow Lessor or
Lessors agent free access at all reasonable times to the Demised Premises
for purpose of inspection or making repairs to the Demised Premises. Lessor
also maintains the right to enter Demised Premises to maintain housekeeping
needs.
9. Duties of Lessee Upon Termination:
Upon termination of this Lease by expiration of its term or otherwise, Lessee
shall quietly and peaceably quit and surrender possession of the Demised
Premises to Lessor, in as good condition as when received, reasonable wear
and tear excepted, together with all alterations, additions and improvements
to the Demised Premises permitted under provisions hereof to remain upon
the said Demised Premises, and such possession shall be so surrendered
without the necessity for any notice of demand therefore on the part of the
Lessor.
10. Assignment:
Lessee shall not assign, sublease, mortgage, or pledge any interest in the
Demised Premises, without the prior approval of Lessor, which said approval
shall not be unreasonably withheld. No assignment shall relieve Lessee from
any liability hereunder, arising before or after the assignment, unless Lessor
expressly relieves Lessee from such liability in writing.
11. Insurance:
11.1 General Requirements. At all times during the term of this Lease,
Lessor shall maintain on the building and improvements, in which the
Demised Premises are located, policies of property and fire insurance
as determined by Lessor to be necessary and appropriate, for Lessors
protection.
11.2 Lessee's Prooedy. Lessee shall be responsible for obtaining and
maintaining any property insurance coverage it deems appropriate and
necessary for Lessee's personal property, which may be at the
Demised Premises, or such other insurance coverage's as Lessee
deems necessary and appropriate.
11.3 Liability Insurance. Lessor and Lessee shall each procure and
maintain general broad form liability insurance policies in their own
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names, insuring against any and all claims for injuries and/or damage
to persons or property occurring in, upon, or about the Demised
Premises. Such policies shall have a combined single limit coverage of
not less than one million dollars.
11.4 Waiver of Subrogation Rights. Lessor and Lessee do each release and
relieve the other and any other Lessee, their agents or employees,
from responsibility for and waive their entire claim of recovery for (i)
any loss or damage to the real or personal property of either located
anywhere upon the Demised Premises, arising out of or incident to the
occurrence of any of the perils which are covered by their respective
insurance policies; or (ii) any loss resulting from business interruption
insurance policy or by any loss of rental income insurance policy held
by Lessor or Lessee. Each party shall cause its insurance carriers to
consent to the waiver of all rights of subrogation against the other
party.
12. Destruction or Damage of Premises:
If the Demised Premises shall be destroyed or damaged by the elements, fire
or earthquake, to such an extent as to render them untenantable in whole or
in part, it shall be optional with Lessor to rebuild or repair the same. Lessor
shall notify Lessee in writing, within thirty (30) of the event, of Lessor's
decision to rebuild or repair the Demised Premises. Should Lessor elect not
to rebuild, Lessee shall be released from this Lease as of the date of the
event necessitating the rebuilding or repair.
Should Lessor elect to repair or rebuild, Lessor shall complete the repair or
rebuild within 180 days of the written notification to Lessee. Lessor shall
prosecute the work without unnecessary delay.
13. Taking of Demised Premises:
In the event more than twenty percent of the Demised Premises are taken by
condemnation or otherwise by any government, state or local authority, or in
the event Lessee's use of said Demised Premises for the purpose of the
Lease is prohibited by reason of change in zoning regulations or otherwise,
then, at Lessee's option, this Lease shall be terminated and canceled as of
the time of taking possession by said authority or as of the time the use by
Lessee of the Demised Premises is prohibited. All sums which may be
payable on account of any condemnation shall belong to Lessor, and Lessee
shall not be entitled to any part thereof, provided the Lessee shall be entitled
to retain any amount awarded for its trade fixtures or relocation expenses,
and the value of improvements made to the Demised Premises at Lessee's
expense.
14. Indemnification:
Lessor, its agents, employees, contractors and invitees, shall not be liable to
Lessee or its agents, employees, contractors or invitees or to any third party
for any damage to person or Demised Premises caused by or arising from or
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in connection with any act, omission or negligence of Lessee. Lessee agrees
to indemnify, hold harmless and defend any and all liability claims, causes or
action, damages, costs and expenses, (including, without limitation,
attorney's fees) arising from or in connection with any act, omission or
neglect of Lessee or its agents, employees, contractors or invitees; any
breach or default under this Lease by Lessee; provided that the foregoing
provision shall not be construed to make Lessee responsible for loss,
damage, liability claims, causes of action or expenses resulting from injuries
to third parties caused by the negligence, or deliberate and intentional acts of
Lessor or its officers, contractors, licensees, agents, employees or invitees.
16. Trade Fixtures:
Lessee shall not install trade fixtures or equipment on the Demised Premises
without Lessor's consent. At the termination of this Lease, Lessee may
remove any such trade fixtures or equipment installed by Lessee with
Lessor's consent, provided such removal may be accomplished without
material injury to any Demised Premises and further provided that Lessee
shall repair all damages resulting from any such removal, except normal wear
and tear. All fixtures not removed within fourteen (14) days of thetermination
date of this Lease shall, at Lessor's option, become the property of the
Lessor or, at Lessor's option. Lessor may cause the same to be removed to
storage at any public or private place of storage at the cost of and at the risk
of the Lessee.
16. Remodeling orAlterations:
Lessee shall not make any alterations or improvements in, or additions to, the
Demised Premises without consent of Lessor.
Alterations and improvements made by Lessee with Lessor's consent shall
become the property of the Lessor at the termination of this Lease, except
those alterations and improvements as may be removed by Lessee without
damage to the Demised Premises. In the event of any such removals,
Lessee shall, at its expense, repair all damage. All approved remodeling and
alterations shall be in accordance with all applicable fire, safety, zoning and
building regulations, and Lessee shall at its expense secure all necessary
permits and inspections in connection therewith.
All work to be performed pursuant to this paragraph shall be done in a good
and workmanlike manner, and when completed shall be free and clear of all
claims or liens. Nothing herein contained shall be construed to authorize or
empower Lessee to encumber the Demised Premises with any kind or form
of lien. If any liens or other priority claims shall be filed against the Premises
or any part thereof (except liens or priority claims incurred by Lessor) Lessee
will at its own cost and expense within thirty (30) days after the same are
filed, secure the Lessor against the same by payment, bonding, or otherwise,
provide, however, that nothing herein contained shall prejudice the rights of
Lessee to contest to a final judgment or decree respecting any such lien.
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17. Notices: All notices hereunder shall be in writing and deemed given when
personally delivered to the employee or managing agent in charge of the
receiving party's business at the time of service to or when deposited in the
United States Mail, postage fully prepaid, by certified mail, return receipt
requested, addressed to such other party as follows:
Notices to Lessor: Grant County Public Hospital District No. 5
Mattawa Community Medical Clinic
210 Govemment Way
PO Box 1581
Mattawa, WA 99349
Notices to Lessee: Grant County
Administrative Services Coordinator
PO Box 37
Ephrata, WA 98823
18. Attorney's Fees:
Should either party incur attorney's fees in attempting to enforce any
obligation hereunder, the prevailing party shall be entitled to recover actual
costs and reasonable attorney's fee from the other.
19. Successors and Assigns:
All terms, conditions, covenants and agreements of this Lease shall extend to
and be binding upon the Lessor, Lessee and their respective successors and
assigns.
20. Hazardous Substances:
Lessee shall indemnify, hold harmless and defend Lessor regarding all
environmental and hazardous substance problems which occur or arise in,
on or under the Demised Premises after the date of initial occupancy by
Lessee under this Lease to the extent that Lessee is the cause of the
environmental or hazardous substance problem. Lessee shall not otherwise
be responsible for environmental or hazardous substance problems. For the
purposes of this Paragraph, environmental and hazardous substance
problems shall be deemed to occur on the date of the activity -giving rise to
such problems and not the date of discovery.
21. Compliance with Laws:
Lessor and Lessee agree that each shall be in compliance with all applicable
federal and state laws and regulations relating to the Lease of the Demised
Premises.
22. No Waiver:
A failure by either party to promptly enforce any right or remedy arising from
breach or event of default shall not be deemed a waiver of such right or
remedy of any subsequent breach or event of default.
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23. Time:
Time is of the essence in this Lease.
24. Entire Agreement:
This Lease and all exhibits, addenda and attachments hereto represents the
entire agreement between the parties, supersedes all prior discussions and
agreements between the parties, and may be modified or amended only by
written instrument signed by both parties.
APPROVED this _Zday of �- 2019.
ATTEST
Barb Vasquez, Clerk of the Board
Date:
Approves as to form:
By
Kevin McCrae, Deputy Prosecuting Attorney
Date:
BOARD OF COUNTY COMMISSIONERS
Tom Taylor, Chair
Cindy Cartr, Vice -C I it
Richard Stevens, Member
ANT INTEGRATED SERVICES
I
De nders)on, xecutive Director
Date: � ZTI, l / �
DATED this day of ! JeC m1w-/-- 2019.
LESSOR: GRANT CO PUBLIC
HOSPITAL DISTRICT NO.5
By:
Clinic Manager/CEO