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HomeMy WebLinkAbout2013-137 Letter - ACH Waiver to Terminate Lease CITY OF ASHLAND June 19, 2013 Marvin Haas, Interim Chief Executive Officer Ashland Community Hospital 280 Maple Street Ashland, Oregon 97520 SUBJECT: City Waiver of Right to Terminate Lease Agreement for FY 2012 Audit of Ashland Community Hospital Dear Mr. Haas: In 1996, the City of Ashland and Ashland Community Healthcare Services signed an agreement for the Lease of the Ashland Community Hospital. The agreement includes several provisions related to default and termination of the agreement. Paragraph 16.1.4 of this agreement states that Ashland Community Healthcare Services must have a working capital ratio of 2 to 1, and 16.1.5 of this agreement states that Ashland Community Healthcare Services must also maintain a debt service coverage ratio of at least 1.25 to 1. Section 16.2 of the lease allows the City to terminate the agreement if the debt service and working capital ratios described above are not maintained. On September 4, 2012, the City Council agreed to waive its rights as outlined in section 16.2 of the lease agreement through June 30, 2013. Given the hospital's pending affiliation with Asante, the City Council has agreed to extend the waiver of its rights under Section 16.2 until June 30, 2014 or the closing date of the affiliation agreement between the City of Ashland, Asante, Ashland Community Hospital and the Ashland Community Hospital Foundation, dated June 5, 2013, whichever comes soonest. Please let me know if you have questions. Sincerely, Dave Kanner City Administrator C. David Lohman, City Attorney Lee Tuneberg, Administrative Services/ Finance Director ADMINISTRATION DEPT. Tel: 541-088-6002 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 wmashland.or.us