HomeMy WebLinkAboutAgreements/Contracts - GRISK19-123 445. ---
LEASE AGREEMENT
THIS LEASE, made this 1 day of August 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,
Washington 98837, (Lessee''}.
WITNESSETH.",
1. Demised Premises:
1.1 Demised Premises. Lessor hereby leases to Lessee, and Lessee herby 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 215 111
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 walting 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.
1.2 Services. Lessor shall provide Lessee with the services specified in Exhibit A attached
hereto and incorporated by reference, subject to 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
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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 Dernised 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 August 1, 2019 and ending July 31, 2020, All property
improvements become the sole property of the Clinic upon termination of the lease.
2.2 Secondary Term,, if there are no changes needed this initial lease shall continue until 60 -
day written notice is give by either Lessor or Lessee.
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 $1000.00, the same due and payable on
the 51h of each month commencing on August 1, 20194,
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, Lessee shall pay all charges for local and long-
distance telephone service, Further, Lessee 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 Lessee.
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6. Maintenance and Repah 3.
6.1 lessee's Responsibilities. Lessee shall cooperate with Lessor to maintain the inside of
the Demised Premises andimprovements thereon in the same order and condition as of
the date it takes possession thereof, reasonable wear and tear excepted, and to keep
the Dernised 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' 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,
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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,
a. 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.
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b. Said written Notice of Default and Notice to Cure shall specify the matter in default;
p 'ded, however, that if the nature of Lessee's obligation is such that more than thirty
provided,
(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 same to completion,
7.1 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 Dernised
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
Premise's 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 Dernised 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 under this
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 Demilsed Premises to good order and condition, and
otherwise preparing the Premises for re -letting. -4
d. Pursuit of any of the foregoing 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 by the 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 Demilsed 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 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 on or more of the remedies herein provided upon an
event of default shall not be deemed or construed to constitute a walver of such default or
of Lessor's right to enforce any such remedies with respect to such default or any
subsequent default.
8. Wight to Access:
Upon twenty-four (24) hours written notice, Lessee will allow Lessor or Lessor's agent
free access at all reasonable times to the Demised Premises for purpose of Inspection or
making repairs to the Dernised Premises. Lessor also maintains the right to enter Demised
Premises to maintain housekeeping needs.
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Duties of Lessee Upon Termination,
Upon termination of this Lease by expiration of its term or otherwise, Lessee shall
quietly and peaceable quit and surrender possession of the Demised Premises to Lessor,
in as good condition as when received, reasonable wear and tear excepted, together will
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:
11. Insurance:
Lessee shall not assign, sublease, mortgage, or pledge any interest in the Dernised
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.
11.1 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 Lessor's protection.
11. Lessee's Pro nerty. 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 Dernised Premises,.or such other insurance coverage's as
Lessee deems necessary an appropriate,
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11.3 _Liability Insurance. Lessor and Lessee shall each procure and maintain general
broad form liability insurance policies in their own 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 (1) 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
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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
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itin& within thirty (30) days 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 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 Demise 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 orinviteesor to a6y' third party for any damage to
person or Dernised Premises caused by or arising from or 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 clalms, causes or
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.
15. 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 the
termination date of this Lease shall, at Lessor's option, become property of the Lessor
or, at Lessor's option. Lessor may cause the same to be removed to storage at ay public
or private place of storage at the cost of and at the risk of the Lessee.
16. Remodeling or Alteration:
17. Notices:
Lessee shall not make any alterations or improvements iin, or additions to, the Demilsed
Premises without consent of Lessor.
Alterations and improvement 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 ty 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 expense secure all
necessary permIts and Inspections In connection on 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 and
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 judgement or decree respecting any such lien.
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:
Notice to Lessor: Grant County Public Hospital District No. 5
Mattawa Community Medical Clinic
PO Box 1581
210 Government Road
Mattawa, Washington 99349
Notice to Lessee.- Grant County
Administrative Services Coord-Inator
PO Box 37
Ephrata, Washington 98823
18. Attorney's Fees,
Should either party incur attorney's fees in attempt to enforce any obligation
hereunder, the prevailing party shall be entitled to recover actual costs and reasonable
attorney's fees from the other,
19. Successors and Assigns:
All terms, conditions, covenants an agreement 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 Dernised
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 other wise 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 or the activity -giving rise to such problems and not the
date of discoverer.
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 Dernised Premises.
22. No Waiver:
A failure by eit'her 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 or any
subsequent breach or event of default.
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 day ofAv- c4� 20190,
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Member
ATTEST:
a
Clerk of the Bo
Approved as to form:
Deputy Prosecuting Attorney
DATED this
STATE OF WASHINGTON
County of Grant
12019
day of . 12019
LESSOR: GRANT COUNTY PUBLIC HOSPITAL DISTRICT
NO.5
CEO/Administrative Superintendent
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On the daof (-"kS" A g U .2011, before me, the undersigned, a
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Notary . Public in and for the State of Washington, duly commissioned and sworn, r personally appeared
to me know to be the ,iF - Ck- t2ckP-..
Of GRANT COUNTY PUBLIC HOSPITAL DISTRICT NO. 5, and acknowledged the said instrument to be the
free and voluntary act and deed of said corporation for the uses and purposes therein mentioned.
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NOTARY PUBLIC in and for the State of Washington
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Residing at
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My commission expires:
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Approved as to form:
Deputy Prosecuting Attorney
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DATED this -7 day of .2019
LESSOR: GRANT COUNTY PUBLIC HOSPITAL DISTRICT
NO.5
By.
CEO/Administrative Superintendent
STATE OF WASHINGTON
County of Grant
On the day of Rup ' .2019, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared
an (I tome know to be the
Of GRANT COUNTY PUBLIC HOSPITAL DISTRICT NO. 5, and acknowledged the said instrument to be the
free and voluntary act and deed of said corporation for the uses and purposes therein mentioned.
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NOTARY PUBLIC in and for the State of Washington
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