51-96 Lakewood Hosp Lease - Laserfiche WebLink

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ARTICLE II LEASED PREMISES; TERM OF LEASE; PURPOSE Section 2.1. Leased Premises and Possession. In consideration of the Basic Rent, Additional Payments and other amounts for which provision is made herein, and of the covenants, agreements and obligations, and in reliance upon the representations and warranties, of the Lessee herein, the City covenants and agrees to lease, and hereby leases, the Leased Premises to the Lessee, and the Lessee hereby leases the Leased Premises from the City, subject to the provisions of this Lease and the Permitted Encumbrances, TO HAVE AND TO HOLD the Leased Premises unto the Lessee for the Lease Term. Possession of the Leased Premises shall be delivered and accepted upon the commencement of the Lease Term. Section 2.2. Purpose,. During the Lease Term, the Lessee, as between itself and the City, has sole and exclusive charge of the operation, maintenance, management, use, occupancy, and repair of the Leased Premises (unless there is an Event of Default. and the Lessee has been excluded from possession of the Leased Premises hereunder), and the Lessee will manage, administer, maintain and operate so much of the Leased Premises as from time to time are Hospital Facilities as Hospital Facilities as contemplated by. the Act and all of the Leased Premises in accordance with the terms of this Lease for the service of the general public, without discrimination by reason of race, sex, creed, color or national origin; provided th.a.t, subject to compliance with the requirements of this Lease, nothing in this Section or in this Lease is intended to prevent the Lessee from entering into affiliations with other healthcare providers, insurers or reimbursers and as part of such affiliation ceding to others the right to control or direct activities of the Lessee or to take control of the Lessee in specified circumstances. Section 2.3. Assumption of Liabilities. Lessee has assumed and, except for furore Bond Service Charges, paid all existing obligations and liabilities of the City and the Hospital Trustees whether fixed or contingent, lmown or unknown, associated with or arising out of the City's ownership of the Leased Premises and the Hospital Trustees' prior operation of the Leased Premises. Lessee further agrees to pay ail furore obligations and liabilities associated with the use, operation or ownership of the Leased Premises including future Bond Service Charges and to hold the City and the Hospit~/1 Trustees harmless therefrom. Section 2.4. Assignment of Intangible Assets and Hospital Funds. In consideration of the promises and agreements made by the Lessee to the City in the Original Lease, for the purpose of paying a portion of the costs of Hospital Facilities, the costs of the management, operation, occupancy, use, maintenance, and repair of the Leased Premises, and the costs of programs, projects, activities and services useful to, connected with, supplementing, or otherwise related to the health care services provided and to be provided by Lessee and by the operation of the Leased Premises, the City did assign to Lessee all of the City's respective right, title and interest in and to (a) the Intangible Assets, (b) all moneys, accounts receivable, warranties and instruments comprising Hospital Funds and all proceeds realized therefrom and (c) inventory, supplies, materials, consumables and other property owned, accrued, held or received in connection with the Leased Premises prior to the Leased Premises initial leasing to the Lessee. All moneys, accounts, receivables and instruments which are held in trust or restricted to a particular purpose by the donor, shall be used, to the extent permitted by law, by the Lessee for the restricted purposes set forth in the instruments creating the trust or providing donations. - 14-