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HomeMy WebLinkAbout2010-02-08 10-058A ORDERCOUNCIL ACTION Item No. 10 0 5 8A Date: February 8, 2010 Item/Subject: Order, Authorizing the City Manager to execute an "Assignment, Assumption, Release, And Consent Agreement" — Acadia Healthcare, Inc. — Indiana Avenue Responsible Department: Legal Commentary: The City of Bangor leased land on the easterly side of Indiana Ave. and on the northerly side of Cleveland Street to Hope House, Inc. on April 18, 1986 and leased a second parcel of land on the easterly side of Indiana Ave. and on the northerly side of Cleveland Street for construction, operation and maintenance of a center for the rehabilitation of persons with substance abuse treatment needs, on September 27, 1998, The leases have been previously assigned to Acadia Healthcare, Inc. Acadia Healthcare, Inc. is transferring the operation of the facility to Penobscot Community Health Center. In connection with the transfer, Acadia Healthcare, Inc. and Penobscot Community Health Center has requested that the City of Bangor consent to an assignment of the leases. Passage of this Order will authorize the execution of an Assignment, Assumption, Release, And Consent Agreement for the assignment of the leases by and between the City of Bangor and Acadia Healthcare, Inc. to Penobscot Community Health Center conditioned upon Acadia Healthcare, Inc. and Penobscot Community Health Center having approvals of all other necessary parties for all other assignments and transfers necessary for the transfer by June 1, 2010. This has been reviewed and recommended for approval by the Business and Economic Development Committee. Department Head Manager's Comments: City Manager Associated Information: Order Budget Approval: Fi ance Director Legal Approval: City Solicitor Introduced for x Passage - Consent First Reading Page _ of _ Referral ..,,/ Assigned to Councilor —Weston 0 058A � v 0, BiN sO February 8, 2010 4-, r q L: � m \'e CI'T'Y OF BANGOR qOR Liy�Q y? gTED,F (TITLE.) ORDER, Authorizing the City Manager to execute an "Assignment, Assumption, Release, And Consent Agreement" — Acadia Healthcare, Inc. — Indiana Avenue WHEREAS, the City of Bangor leased land on the easterly side of Indiana Ave. and on the northerly side of Cleveland Street pursuant to the terms and conditions of an Indenture of Lease between the City and Hope House, Inc. dated April 18, 1986; and WHEREAS, the City of Bangor leased a second parcel of land on the easterly side of Indiana Ave. and on the northerly side of Cleveland Street for construction, operation and maintenance of a center for the rehabilitation of persons with substance abuse treatment needs, pursuant to the terms and conditions of an Indenture of Lease between the City and Acadia Hospital Corp. dated September 27, 1998; and WHEREAS, the leases have been previously assigned to Acadia Healthcare, Inc. WHEREAS, Acadia Healthcare, Inc. is transferring the operation of the facility to Penobscot Community Health Center; and WHEREAS in connection with the transfer Acadia Healthcare, Inc. and Penobscot Community Health Center has requested that the City of Bangor consent to an assignment of the leases. By the City Council of the City of Bangor, ORDERED, THAT, Robert W. Farrar, Interim City Manager, is hereby authorized, on behalf of the City of Bangor, to execute an Assignment, Assumption, Release, And Consent Agreement for the assignment of the Leases byand between the City of Bangor and Acadia Healthcae, Inc. to Penobscot Community Health Center conditioned upon Acadia Healthcare, Inc. and Penobscot Community Health Center havng approvals of all other necessary parties for all other assignments and transfers necessary for the transfer by June 1, 2010. Said Agreement shall be in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL, February 8, 2010 Passed DEPUTY CITY CL RR #in—nsRA ORDER (TITLE,) Anthnri ting the City Manager to FxprtttP and "Assignment, Assumption, Release, and Consent Agreement"- Acadia Healthcare, Inc. - Indiana Avenue Assigned to Couneitor 4 AA4&k