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HomeMy WebLinkAbout2001-091-07/17/2001-AUTHORIZING A SUBLEASE AGREEMENT BETWEEN THE CITY AND XERMEND, INC. (MED-X CLINIC OF NORTHERN COLORA RESOLUTION 2001-91 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A SUBLEASE AGREEMENT BETWEEN THE CITY AND XERMEND, INC. (MED-X CLINIC OF NORTHERN COLORADO) FOR THE USE OF CERTAIN PROPERTY AT THE NEW YOUTH ACTIVITY CENTER AT 415 EAST MONROE FOR A PHYSICAL THERAPY OFFICE FOR A PERIOD OF EIGHT MONTHS WHEREAS, the City of Fort Collins has leased from Everwest, a Colorado general partnership,the property at 415 East Monroe in Fort Collins,Colorado,for use as a Youth Activity Center (the "YAC"); and WHEREAS, XERMEND, Inc., doing business as Med-X Clinic of Northern Colorado ("Med-X"),an affiliate of the prior major tenant of 415 East Monroe,Healthworks Health Club,has requested to be allowed to remain in a specified portion of the building approximately 3,500 square feet in size (the"Sublease Area"), for a period of eight months; and WHEREAS,City staff has determined that allowing Med-X to continue in the Sublease Area for eight months will not substantially interfere with the City's use of the building for the YAC;and WHEREAS, staff has negotiated a sublease agreement with Med-X, dated July 13, 2001, setting out the terms and conditions of Med-X's use of the Sublease Area, together with the obligation of Med-X to indemnify the City for any costs,damages,losses,claims or liability incurred by the City in connection therewith, a copy of which agreement is on file in the office of the City Clerk and available for public inspection(the "Agreement"); and WHEREAS, although the Agreement does not provide for a payment by Med-X of rent for the term of the Agreement, the Sublease is necessary in order to allow for the new YAC plan to proceed; and WHEREAS, pursuant to Section 23-114(a) of the Code of the City of Fort Collins, the Council is authorized to lease for a term of two years or less any and all interests in real property owned in the name of the City,provided that Council first finds that the lease is in the best interests of the City; and WHEREAS,the Council,having considered the benefits to the City of the proposed sublease arrangement that staff has negotiated with Med-X,finds that Agreement and the sublease to Med-X of the Sublease Area as specified herein and in the Agreement to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council hereby determines that the sublease and Agreement as described herein, is in the best interests of the City, and hereby authorizes the Mayor to enter into the Agreement consistent with the terms hereof,together with such additional terms and conditions as the City Manager,in consultation with the City Attorney,determines to be necessary and appropriate to protect the interests of the City. 2001. Passed and adopted at a regular meeting of the City Council held this 17th day of July,A.D. Mayor y ATTEST: VLOK L AA City Clerk ,