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
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(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
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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
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