HomeMy WebLinkAbout2007-04-09 07-135 ORDERTown No. 07 135
Date: 409-07
Item/Subject. Order, Authorizing the Director of Health & Welfare to Execute a lease for Eight park
Woods Units to Aadla Healthcare.
Responsible Department: Health & Welfare
Acadia Healthcare currently leases eight dwelling units at Park Woods on a month-to-month basis for its
project -based housing. When the Clry alsed the rem last year, Acadia requested that the Oty restate
the lease with some minor revisions so that there will be one lease rather than a lease with several
amendments. This Order authorizes the Health Is Welfare Drector to execute the revised lease.
The France Committee recommended approval a[ its March 19, 207, meeting.
Departhant Head!
Recommend approval.
(HIArH(.L tJllw/v�
Clry Manager
I I=N
City Solkltor
3 passage
First Reatling page _ af
_ Referral
07 135
Aadpedwcosncgw ems April 9, 2007
CITY OF BANGOR
Cl ffLE.) Order, Authorizing the Director W Health Is Welfare to Erecute a Lease for Eight Park
Woods Units W Acadia Healthcare
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
Shawn Yardley, HealHr & Welfare Director, is authorized to execute a lease for eight Park
Woods units to Acadia Healthcare, Inc., for its program -based housing, in a form substantially
similar to the attached, the final farm of said lease to be approved by the City Solicitor or
Assistant City Solicitor.
IP CIT4 0009LTL
Apr 09. 200] ,
P d
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CIT4 0 8 0 E 8
(TMRJ AmjheL3zine Me Ureetar a£ Beealth
Welfare to Execute a Lease for Hight Perk -
In e e •aA1n ral eF�
Atogned to founder 4fit —
9
07 135
RVDEPITURE OF LEASE
This IndeMve of Lease, executed in duplicate, is made add este d into Osis day of
2007, by and betwcen
CITY OF BANGOR, a municipal corporation organized soul exubing order the laws of the Stae
of Mame, and basing its principal offices at 73 Harlow Sveet, Bangor, Maine (herewafta"Lessor"),
and
ACADIA HEALTHCARE, INC., a noupmfit corporation, orgervzd and existing under the
laws of the Store of Mauve, add having a place of business m Hangar, County of Penobscot, State of
Mniae (hereiaaner •T.esaM'f.
WIIERBAS, the Lessor is the onmer of lead and buildings ladwn as'Radc Woods," located at the
northerly wader of the intersection of Onion Street and Gtlf5a Road f the City of Bangor, County of
Penobscot, aid State of Maine;
WHEREAS, Lessee wrzemly leases eight dwelli mita is Peale Woods on a month-to-mmth
bash; add
WHEREAS, the parties hereto desireW up hat themomh-lo-mmth lease;
NOW, THEREFORE, in consideration of the ants herein reserved and covenants contained
herm the CITY OF BANGOR hereby lases to ACADIA HEALTHCARE, INC., the Prdnisa
dmmibed below upon the following users and conditions:
Aviclef-Parma®
The buildings and associated garages add paved poking areas located on Bolling Drive f the
Pork Woods Complex, Bangor, Mauve, depicted as Building Numbs 1216 (conditioning units 22, 2A, 26,
28), 1217 (containing units 30, 32, 34, add 36), 1215 and 1218 (gmages), on a Plant of Peak Wands
attached and mcorpordtei herein by reference as Exnibit A. Said leased prmises contain a total of eW
(8) units being leased by Lessee. The gmuada in t e unmediate vicinity of said buildings arc to be used
and held in common with other Lessees soul Nov clients, mployas or agmts, as well as with Lessor's
clients, mryloyocs or agents.
Artidell-To m ofLeau
Unless sooner terminated in accordance with Article MY below, Lases shall have add hold the
within derwad prmiees m a mmth-to-month basis beginning AprO 1, 2007,
Article ID -Rent
Lasa shall Pay beat to Laaor n the ammmt of TWO THOUSAND POUR IEINDRED
DOLLARS ($2,400.00) ($300.00 per east) pa mmth for the use and occupancy, of the demised Foremasts.
Lessee shall Pay A rests herein aqu'ved by the lost (11 day of mch month, without prior
demand therefor, 9 Park Woods, do RAK Construction & Property Mang®em, P.O. Box 1262,
Bangor, Maize, 0 4402-1262. A late charge of4%will be assessed mall radia not paid by the 15° of the
07 135
rental mouth. Failure W pay such changes sues late fees when due shall consnmte a default umber the
tomo of this lease. Lessor by assessing or receiving late cbarges does not waive any rights W Usnam ete
the temncy.
Article N - Use, Commune R Alteration to Prardses
A Lessee awn have the right to use, ocmpy and monsoon the demised premises in a
reasonably busweadike, careful, cleans mud reasonably safe mama for the purposes of providing dead
waisonce and shelter to Persons who temporarily find themselves without adequate Musing, including
professional and thaapeuM services related thereto, and for no other purpoace whatsoever without the
prior expressed written mmmt of the Lexmr. Nothivgho-an llpreves Lessorfivmoffa* imilar,
idevtiW or dif&rcnt sas%rces W smhpasous with W Park Wends.
B. Lessee shall tut use, occuPY m maheab the demised Ptavisa in mY mama w as to
stiolem any mmdcipal, arate, orfederal mw, r�Wetimm code.
C. Lessor sheet meivmin ell common areas ofPatk Woods, said mamemnce W include been
mowing ams! landscaping. Leasee shall be allowed, upon prior written approval from Lessor, which
approval shall tut be unreasonably withhold, and at its expense, to enot smb maintain towns whidb may
or may not attach to the buildings, a we] "to develop gardens or older landuaped plantings; provided,
however, Chet Lessee will be responsible for lowl caping, mowing and msintamiing the grouMa'
appearance within MY tmoed ares, whether or not Wily enclosed, as well w mamtaiwng any approved
gardens or other landscaped platings. Lessor shill be resporrsble for drivew" and parking arm snow
removal, while Lessee will be respmuible for show rano sal from walkways serving garages orbuildiugs,
senses to Wes on fin pipes, and stspelporchea
D. lessor shall be responsible for all sternen building maivtenonce, mcludivg, but tut
limited W, sof, painting, driveways, siding, chimneys, etc Lessee win be responsible fm minor interior
mandmance such es painting end &anmg. Lessen will be responsible for the mai asswunese, repain and
replan®tut of nagor componmw, fiwnes or appliances, such as staves, rdn'geramrs, ranges, water
heaters, heating systems, or plumbing or doctrinal systema. Provided, however, that any repair of
dsmages or replacement of damaged compmmts, futures or apptsoces, or any repay or replacement of
my other dsmaga W the dmuisN pranises, which is necessimtM by any sat or omission of the Lessee,
its officers, licensees, cowecmrs, suMontmcmrs, savmds, irwitses, cions, esaplayees or agents sheen be
theresponsibilityof Grim.
E. Lessor shell be allowed by Leases to conduct an amoral inspection of the dauiaed
premises W wassuin the condition thereof, provided reasonable notification is®ven W Lessee.
F. Garbage collection shall be by regular municipal mnedion procedures. Lessee sbdl
nee that garbage is placed in the dedgmmd location only coca per week for pickup. No garbage may
be stored in a garage for longer than me weds mid Lessee shall insure that no unsightly am+anumdov of
garbage occurs ins on and around the showed premises. Garage shall be used, for vehicles or equipment
and for no other puryases without the prior written etherization of the Lessor. No hoserdous materials
shall he s W red's, m or aroma the dawsM Prmiaes.
G. Lessee shat be responsible nor all minty coats resulting from Lessee's use and occupaory
of the demised premises, including by tut boniW W, telephone, sewer, water, electricity sat Wel. Pesch
building sbalt contain separate aunty masers.
H. Prior W attention of this Lessen Lessee shall submit W Lessor as opaetionsl plan nor the
program to be mmbuuted at the demised premises. Said plan most be approved by Lessor. pace
07
galuoved, Lessee shall comply with is Plan during I.msa's use and occupancy of the demised Prwiises
Iles opppation Plan shall address the following areas:
1. Type of aborts to be saved by Lessee;
2. Rules and regulations convening the conduct of Lessee's chains is, on and
aronvd [he derwad Premiss;
3. Lessee's saffmgrequirrnmm, bothin-house endvordaygdo i staff.
1. No pets shall be allowed in, on, or around the demists prnnisaa unless they me
specifically required as pmt of Lessee's therapeutic program or unless naedany for the day -today
assistmce of disabled individuals, such as aeibg< a doge. `Pat" as used herein shall include, but not be
limited W, my ring, cat, other disposal, bind, fink mangers. repute, meted or amphibian kept is, ad m
around Ne demised premiss.
J. No signs shall be allowed on the danised premises except that Lesser may install one
non W late size sign per building in compliance with the Sign Code of the City of Bangor.
K. No commercial use of the demised premises shall ho glowed; provided, however, that
home occupations will be allowed if they are operated in amPlience with the Land Developmppa Code of
the L7ry of Bangor.
L. Lensed shall haw the right to use and Choy all corrosion areas together whir all other Park
Woods Lessees, their diems and employes and Id*wr and its clients and Wnployees. Approved handed
areas shall not be considered common gross for this Philippine. Orgavi d events in the consignor areas such
as Picnics, conares, M. shall require the prior written approval of Lessor.
M. Lessor, through its agents or employees, shill abamt emergency or exigent
rcumsarees hove at all reasonable times the right upon reasonable redficatiov to the Leanne , to go on
and inapxr the demised premises with an audamizN representative of the Laws, and the right of access
W utility sysmnis located on the demised Premiss for the pWpses of repair corrosion,m
inspection. For purposes of this Arriclq"aasonable notification"sball include airy actual notification to
the lessee or as agent not less than one calendar day prior to the dine of inspection. "Reasonable rims"
shall mem my time dining Lessee's regular operating hums, or during natural weekday business hours if
Lossie SWI m ration other clan regular operating hours.
N. Parkin shell only be allowed m improved Parking areas and specific perking mess shall
be assigned by Lessor for each building. No parking shall be allowed on lawns. Unregistered noggin
inoperable vehicles are not permibed m the damaged premises.
0. Lessee, is charts, agars, invitees, savants, contractors, submvvactors, ficrosces,
offrcem, or employees stall wt bring, kap or goodish f , b -b guns, pellet guns or my other
dangerous weapon in, on or around the dmdi ed Premises.
P. Ossa may, at its expense, and after issuance of my necessary handling permits, if
requvai, Wood noossmy structures, make ranvmions to walls (rarevakadditlova), make Ingress W
egress changes or make other significant renovations if prim written approval is given by Leser, which
approval shall not be unreasonably withheld. Upun expiration or approbation of this I % however,
tassm may require that the demised Prmdss, including any gained opus, be restored to their onigwal
condition and lessee shall be responsible for my costs resedatel therewith.
Q. Lessce shall not provide my services at the dmisai prmtises to my person who is not
residing &sad premises at the time such services are rendered.
R. Lessee slot[ not allow safety bvaNs or almardw nuismces to eccur or dtwxdW err, on or
around the demists praises.
S. Lessee shat take all necessary steps m inswe that clients a aapleyees do not name my
nuessouset as described by 17 M.1LS.A S 2741, et seg. Lessee shaft also Ideas at necessary steps to ensure
that clients or employms are conducting no illegal activity in, on or aronod the demised prmises.
T. Lessee steal develop specific miles and regulations desigoW be commit client wrduct in,
on or about the dmisel arsenates. Sad rules and regulafioas shall include penalties for violations, may
unlade a herring process, and must be distributed to ohms and posted lo a conspicuous; location in the
demis 3Prmhass. Lessor sbau be providat with a copy of said rules and regulations.
U. Leases, as agents,mdoyees and amu shall be reuuend W comply with any applicable
Shelter Plus Care, U.S. Department of Health and Human Services or other U.S. gove mnmt
ragwmnants Or tegulmlore conseming the progrm-related use amel coc rp awy of fire dmised prmtses.
Artdey—L'ab'Iiry am Prommv Damage Insmmce
The lessee, during the entire term of this Leas, or any exteesion hereof, iucludmg any holdover
tenmey following regular espimtion or early teminstion hereof, stall mountain, at its sole expense,
resonance for an actuarially funded plan of sa6imnmee) of the following types and minimum mounts
with cmryoaes awhorimi to do business in the Sum of Mabe fee the protxtim of Lesser against my
and all liability, including wmngfW death, agawrt al claims, losses, costa or expenses arising out of
injuries to persons wheWa or not employed by Lessee or damage t0 properly whether resulting horn acts,
negligence oWerwLuse,
iae of the officers,er directors, officers, clients, mploym and agents and
ans�m nursing from Lessee's use of the throated praises or my past m portion lbvwf.
Cmorehemive Public Liabilitv'Pmduct Ludd lit
Bodly Injury, isebudlug WronglW Death
51,000,000.0 each accurrmm for one prim
S 1,000,000.00 each omunmce aggregm
Property Damage
51,000,000.00 each oxwmce
Lessor shall out be required to provide insurance coverage stall "turn no resitm ablity for
any property ownel by the Lessee or thrd parties which may be located on the dismissed praises. Lessee
shat cause m he famished to the Lessor, at the time of execution of this Luse, evidence in the form of
certificates of insurance of the eiristentar in force of the mummies required bmuvder. Said certificates
shall name Lesser as an it"fional insured. Lessor sball be notified of any changes or diecoMivuafi0n of
aaLessor agrees Lessagrees ro promptly notify Lessee in writing of the existence or fling of any clahn,
mend or amen arising not of an occurrence covered hereunder of which Lessor has knowledge, and W
coopame with Lessee in the investigation and def thereof.
The minimum imminence mvumge required under this Article shall be deemal to be aammadically
adjusted wbmever the Mauve State Legislature shad Increase the Lessor's maxima liability beymd such
mountains for permnal injury, wrongful doth or property dmage claims brought order the Maine Tort
Claims Am. In the event of such an iveraase, the maims insumrre coverage required shall be no less
07 135
than da mromrds reported herein or no las than the Lessor's naxemmm liability for such claims order the
Maitre Tort Claims AIX, whichever is Vesta.
Article Vl-Ivdanrdty
During the term of this Lease pull during dray cempowns or renewsls hereof; including my
holdover tensrcy following regular mpmatioa or early tenmmtift hereof Weep shell defend,
indemnify, save and hold Lessor, and its inhabitants, officers, employees at plums completely hpmIe;s
from sued against any and all habilitate losses, suite, claims, cuts, expenses, judgment, fes ardavands
wising by reason ofinjnry to or death of, or asserted by, my person or persons, including Loeseds agents,
client, invitees or employees, or dm�age to my property, including au rmeomble costs for iweatigation
and defense Waeof (including but put limited to aromrye' f , court cnst, and expert winesa free), of
my suture whNanever Mains out of or incident w this Lease supper the use, occupancy, comfort, or
manag®put of the demised pse niam or the act or maissirm of Lessee's officers, drub, agents,
employees, cmvhactors, eubcordmctom, licensees, or invitee, udess such inlay, death, or damage i
reused by tier negligent act ar onissiom of the lessen, it agent, employees, clients or invitees.
During the term of Ws Lease and daring my extensors or renewals hereof, including my
holdover mousey bottowmg regular expimtme or early temination hereof, Lustre funder expressly alms
Wet it will defend, indemnify, save and hold Lessor harmless from my and ad claims made or assent by
We lessee'sagems, savmt or employees wising out of the Lessee's activities urder this Lease. For this
morose Lessee hereby emreeely waives my and dl immunity it may have under Maine's Wmhers
Comvematlon Act to regard to such claims made or asserted amWxt Lessen by Lessee's agent servatls
emrlovem. For this purpose, Lessee fWher expressly waives my charitable immunity it may have
under applicable law as to any and all claims of my person made or asserted against Lessor mung out of
Lessee's use and oceupamcy of the demist prawtw or older activity of Loeser under this Leese.
The Lessor shall give W Losses reatomable ratice of my such claim or actions. The lessee shell
have the pule right to control We deferue of my such claim and shell we opposed reasonably acoepmble to
Lessen W carrying on its pbligetiom weds Wes Article.
In exacishrg We rights prompt much this Lease, Lessee shall at au times be regarded as an
indepadad polity conducting its own business and operations and ehall put at my time and, bold itself
met, orpurpmtto an ase an agent, commerce, c -ps ma, Join reverse memployee of Lessor.
Articlew-Taxa
Lessee is solely responsible for Nye" all personal property uses usawJ, it ary. The payment
of met estate taxa u included w We aped harem reputed n be paid.
Article VID-Nmediacvuvetiov
Lasso fir itself, its personal semesenmtives, suaasors in interest and assigns, and as pm of the
computations hereof, does hereby crooned and ages that (1) no p anon or group of persons shell be
excluded from the demist premises; or from employment on the grounds of race, religion, who, gender,
ase, fmvilist status, national origin, orphysical or normal disability, or W my elder mama prolotmexi by
law, been participation in, or denied the benefits of, or be omerwise subjected to diswviratim in the use
or occupancy of mid demist premises; med (2) in We construction by Loesre of all impmv�mt,
buildings, strucmmea, on, ova or uter such demist promises and the fdahing of services thereon, m
person or group of persons shall be excluded me the gourds of moos, religion, color, gender, age. familial
07 las
slo e, national origin, or physical or normal disability fors participation in, thereof the bewfiro of or be
otherwise subjectW W unlawful disawwnhon. freasee ahol take all incps neoasery w provide
reasonable exommodaAan for disabled woe uals to ares, we aM joy the benefits of I.wseds
operations as regana] by relevant provisions of Federal, Slate and local laws, regulations; or ardinmces;
provided, however, that Lessor shall make necessary improvements to re unit per building on the
demised tworates necessary to provide dfabled mweibiliry pri« to use and occaproy by Leasee. In
the event of breach of any of We above mdiacriminmion ovists, the Leaver shall have the right, after
failure of Lessee b recfify such brach awrin thirty (30) days after rxdpt of notice from Izssor, to
answers, Wier lave. Prcrvidd,however, that lessor shall not have the right to terminate the Lease uvda
thie Article with respect to any compwint of dmsaiminatioa which is toiling final raowtion or
adjudication before any agency or ceur of the State of Maine or the United Swtw.
a mr
The Lessee, subject to the terms and provisions of Wie Lease and on WYmest of the ring, and
observing, keeping and performing all the toms aM provisions of the Lease ma its part to be observed,
kept arat performed, shall Lovably, peaceably and quietly bav4 hold occupy and, joy the demised
promises during the term hereof without hnt Wavce or rejection by the Lessor or any other pastor.
Article X -Bean
The Lass and the Lessee agree that earls will formally diacharge(eithr by payment or by filing
of the nxassary bond in othasvmse) any mecbvice, mataialmm's or othm liens against tare dendsd
prmtiscs, any buildings, structures; or improv®mss Waeon. which tiers may arise ow of my payment
due for labor, services, aretonals, supplies or equipment which may have been fiutished to or fen the
Lessor or dm Izssee, respecmiwly.
Fu�I
A Lesser shell, se its sole expense and ort and except as degneard w Article W above,
throughout the term hereof or any extension, including my hohlova worry hereof, keep real mawWw
the demised premises in goad in a and repar, and in memorable condition, damage by accidemal fire aM
casualty seat reasonable Wear and tear, excepted
B. Absent damage by Are or orbs instantly and providd the damage is not caused by
Lessee, its savants, agents, pmts, officers, invitees, convectors, subcontractors, between, remployecs,
Lwsr shall be responsible for repay ad/or replacement of the building's major shwtmal componmss,
sash as roof, walls, Wurdatiow or Wena saturated supporta, as a result, r an common, of nomad
obsolescence.
C. Lesser shall be sequel to notify Lessor nt a timely and exp iliums, answer of the
existence of my condition of the demised premixes which require repair or replacement or which are
otherwise the resporuibility of Later hereunder. Failure to notify Lessor m a timely and rpditiow
insiouncrr may be graards far taminown of We Leese or f I.asee being responsible for the cast of my
neves ry reasons or repUcemm[.
D. The demised premises have been ce tifid to Ionor as free of head basil pain[ Awards,
however, said promises cement ercapmdatd lead bead paint allowed by eM in compliao with
applicable State and Federal laws and regulations. If lead bead prim formed arises a a result of aha
or inaction by Lesuq its agents, climb, employee, invitees, officere, licensees, connections,
abcamtectms
or serown Lessee mat immediately notify Lessor of two heard. Failure to
mmsdwtrdy notify lessor may be grounds fir memmntatiw of this Lease or for Lases being reasonable
far my cons assetlmd with abating such wow[d Provides proper notification of such heard is given by
07 135
Ieasm to Lessor, Lessor shah be responsible for abattoir such heend others such havrd was cau sL by
the direct act or mutation of Lessen, Its egem, spVants, them, CmployCq invitees, offic its, IlemeCCS,
confusion m9u1kOnimeYOts.
E. In the event for the prmuees are damap id or destroyed by the or other casualty. thm
Lessor may elect to repair or restore the premiers within doily (30) days of sub danage or desmmtiom
If, after an election to resi ofe or repair is made, the demised prmdses are nes repaired or restated within a
seasonable time thereafter or if Lessor elects not to repair or restore, then Lesson on Leasee may tandnate
this Leese upon fifteen (15) days edvmce written notice. neve shelf be a just abet®not of the rem
pursuant m this subpasagapb: with such abmmtem to take mo account the extent of my reduction in the
fitness of rhe dmdsed premises for the use and occupancy by Lesser. If the demised literature are totally
damaged or destroyed, Lessee shall be emided b lmrmate tats Lanae upon fiftem (15) days advance
writtenvotice.
et '.�.. • '.fir
A. (twnerslop of parmanmtirryrov®anis t the demised premaes, which may fiumtime 0
time be made by Lessee or Lessor thin are efhxd to the property as opposed to movable pessoml
property, shah ammusitieally vest in the Lessor, or its suxwsors end assigns, es a consideration of the
Lease and imral schedak. Leasee shelf, however, have the Vim at the termfration or expiration of this
Lease to reprove any Of Lessee's permanent improvMemi or fixtures, FGVWed then such runoval tease
place within thirty (30) days of said termination or expiration and provided that Lessee, at its sole
experue, repairs any damage omei by with imwval, end rumors the buildings and land apqubmant
thereto to as nearly as possible their condition as at theof this Leese, reasonable wear am
tear exeemil.
B. Any movable personoi property firm may be fivancei, mored m ip¢Wled by L ow from
time to lima during the turn of this Leese shall return the property of the Lesser, and, upon Emanation
or expiration of this Lease, Lessee shall have the right b remove the same burn rhe demises prentises
within thirty (30) days of said lm aresion or expiation. Airy such property not so remuvM within thirty
(30) days from the date of termimoram or expiration dull become the propwty of the Lessor to bei
disposed of to such way as it may deem fit. To the event L¢ssee a met to rerove said impmvmrents and
other p usonm property, the buildings and IaM appmtmam thereto shell be reported to re newly, as
possible their coMiton as at the commmcmen of this lease, reasonable wear and tear excepted.
C. to the event leasee "I fail to remove spy rwnpermevml improv®ears or personal
property within thirty (30) days from the date oftmrvnatim or fivel expiration of this Lase. Lessen ahall
be miWed to recover from the Lessee L.nssots returnable mate matured in removing m disposing of such
noapermavmt improvapens m personal property. In each event, there shall be dethroned from Lesmr's
costs the fair value m the Lessor actually realizbu from sine, we on other dispmition of the patticemr
improvements or personal property concerned.
Subject to the provisions wrdamed in Article XIV, the Lessee shall, upon the termination otitis
Lease, surrender the quiet and peaceable Possession of the dmdsea premise.
Ankle XIV - iermipatimr
It is covenanted and ageed by the parties that Leawar sholl have the right, peon warm vrace of
bmswation to Lessm, m termimatz thus Lease in its wairety upon or alta the happening of ore comm of
the following events, if Said event or evens shall, at the time of said notice, be mmiming:
07 135
(1) If the lessee shell mglW or NIM pay the Lew or other charge payable hounder anal
such default shell corniwe for a period oftest (10) days after written notice Wetaofby Lessor; or
(2) If Lessce shall neglect or fel to pert or observe any of the other os a Lerma,
provisions, or o nditiom an its pmt b be performed, or observed, barometer and such neglect or
failure shall cotainue for a penal of thirty (30) days after written notice Wereo£by Lessor, or if
surla covenants, tams, provisions or condinom cannot be perforant or observed within said
Witty (30) day pat. if Loans fails to a iligeWly prostrate the caring of such neglect or failurq
or
(3) If the estate hereby created shall be takenm exorston or by mater process of law; or
(4) If the Lessee stall be declared or adjudged bankrupt or insolvent according to law by a
court of competent jurudictien; or
(5) If my msigvmeat shall be made of de property, of the Lessee for the benefit ofaeditom;
Cst
(6) If a receiver, gmMisq cumervaton or trustee in bavkrrptry of otbm similar odcessball
be appovded to take charge of all or any annotated pan of We Lessee's property, by a court of
eompmaajunsditanwheWam not comentai to by Lessee; or
(7) Hapeition shall be filed for armrgmizatim c fm other protective anangemenfa of the
Lessee under any provisions of the Bankmptcy Act now or hereafter enacted; or
(8) If We Lesser shall file a petition for such reorgaolzatim or for ernngemema.nta any,
provision of the Bankruptcy Act now or hereafter ended; or
(9) If Lessee shall notorious and discontinue its we tont occupancy of the demist premises;
Or
(10) If Lessee shall fail to comply with Shelter Islas Cm, U.S. Department of Hea1W want
Ifsunm Services or clow U.S, government reaprbemnts or regulations concerning We program -
reeved use wad ocarPanaY of the dervist premises; proviclt that sold failure continnw for a
period of friary (30) days afla wnven notice thaeofby Lassos, or if such failure cannot be curt
within the said thirty (30) day peloQ if Le ^» flails; m diligently prosecute the ening of soh
before; or
(ll) If Townes shall fail to control the conduct of its clients or Worse its rules ail rxgwlatiom
conocming cliaa conduct; provided that such Mm remarks or complaints to Lessor or by lessor
end send fultere conioses for a plod of fifieee (15) days after written swore thereof by 4ssw,,
or
(12) If Leasee shall fail to pay any bat or caber cordes owed to Lessor, including fuel oil
purchwaed J ons Lessor or Mears for which Lessee is liable heremda, pmvidt such failure
continues for a penal of fifteen (15) days ata written notice tbaeof by Lessor;
1H1T`, in my of the avid coxes (vawiWstmdivg my licaree of say, Ronne bwacb of cuvemnt m
a of Are benefit hveof or consent w of issmm),the l.asce nmy be ounsidered in any cleated[
herwnder, and We Ioasor lawfully may, immediately or at my tune thereafter, and wiNout d®md or
rarice, nota into reel open We sold Premises or my pan thereof, in We name of the whole and repossess
the serge as of the Lessors forma estate, mW expel the Lessee and those claiming through or umber it and
remove its or their ef£xts(f bly ifvxaeery) without being demi guilty to my narrower of trespass,
07 135
and without prejudice to any, remedies which might oNawise be uad for stories of rest or preceding
breach of covenant. Upon such entry, this Lease shill terminate, ad then Lessee shall be liable to pay m
rat, rro tots equal to the several ivsmllnmts of ran ad other charges reserved as would have become
due under this Lease if Us Lease had net been temmntid or if the Lesser had not control or reemaed as
aforesaid. Notwithstanding the foregoing Lessee's liability shall net exceed the difference, if ivy,
between the rental which wmud have been due had Nva been no such nomination, and the annum bang
received by Lessor as rent from any new tenant or occupant of said premises. In wrier m mitigate
Lesss's damage hereunder, Lessor agtts to make every reasonable effort b secure subsequent Users,
at tams aW coralitions equal to Ws Lax,
Article X V — Aass to Records After Teo
pension[ m this Lease, Lessor, with Lessee's warrant impaed upon execution of Ws Lease, shall
allow the Uwted States Deportment of Health ad Hume Services, Na Comptroller Gmval of the
Unites Stakes and then duty authorized reprammtivee access m this Lease with Lessee, as well as mlatd
beaks, documesva ad records, until the expiration off yeas after the services; fumiahed undo this
Lex are prof ed for rhe purpose of verifying We nature and extent of Lesson's coat of services
provided undo this Lase. If Lessor carom out my of the dude of this Lease through an agremml wild
any other party (said statement having a value or coat of SIo,OW or reason in a 12 month paUU Lase
agrees to irwide m any such agmemmt a provision subatantinlly historical m this Anlcle which requites
Not such party make similar books, doeurnenta and records available m the United Stated Department of
Health and Hamm Services, the Compaoller General of the United States and their duly authmived
representatives for the propose of ratifying the nature aM extent of Lessee's east of services provided
uderthia lzase.
Ankle XVl-ArtomeJSFec
The Lessee shell pay to these Lessor a reasonable atmnsey's £m in the event the Lessor employs an
momcy m calls[ airy rents due heroonda soft secures ajadga mt w covuection with collection of said
rev, or legal plass Is lend upon the imerta of the IAssee in flus heat¢ or in said Premises, or w flat
¢vasa Ussee violins my of the tura, conditions or covenants on the pan of the l.asna hae'ur contained,
pmvidd that Lessee this to formally correct the violation of any term, condition or covenant afler
receipt of notice that it is in violation thereof.
U the even I.essm employa its City Solicitor man Assistmt aty Stitcher to collect rears m
otherwise protest Lesaots interests under thk Leese,"reasomble attorneys, fes" rather [bis Ankle sbdl
mean the reasonable cost of sevress prondd by 1,esso2s Solicitor m Assistant Solicitor, at the rote
ohargd for similar syncs by privet¢ attorneys in the phiny r ares.
Micle XVH-Assimmem Sale& Srbinttins
The Lessee shall nm m any rave assign, sell, convey or transfer Itis Lease or my aaaat therein,
r sublease or sublet or rem the prerrises, or any pan thceof, warrant the prior wrrnea mnacra of the
Lessor which cornea[ stall not be unreasonably withheld. N rhe event of an approved sublease, all
provisions of this Lase shall attend to, bind and comm to the bewfit of vol only rhe Lessor ad Lessm
ben aka the'v sumasors ad assigns.
Lessor's consent to any assignment shall be comiagmt upon the asigoa or successor agreeing or
comply with the approved operational plea and no consent will be gives if Lessee is in violation its
approved opoanionm plea. Nnther, consent may be conditiosed upon Leaseebs paymrm of all amounts
owl Lessor or the express assumption end mpoe ability for paymat of such amwats by such assigner
07 135
Article XVIB-Auatorily to 9Nerinb Amemem[
no Lessor hereby rep esmb and warrants that it has talam ail necessary, proceduml and legal
steps as required by federal, area and load laws arta regulations for the purpose of arthwizirrg the
ecaumot of this I se sed that exavtion of this I,crose by the City Mmmger mothers this Levee a valid
mad binding dwummt on the part of the Lessor aml the same is fully eafranshi a in all of its terms and
coedmons by the Lmsa.
Leasee hereby represents and warrants that it has taken all necessary, proceduml and legal amps w
required nada all some, local and federal laws and regulations, and all nteavry corporate semen b
anatomize the macaroon of this Lease by its uodersiga i coryonte offices and that upon such execution
this Lease is a valid and binding dowmem on the part of the Iemw and is fully mferceable at all of ha
turns and cowtiliom by Lesam..
I:RFIAAle:Y1lRJ9
Feature on the pan of the Lessor to complain of arty strum or novactiw on the pati of the Lessee
an mattes how long the same may continue, shall never be dermad to be a waiver by the Itsmr of my of
Lessor's tights bereovder. Farber, it is coomavced ant agreed that m waiver nt arty time of my of the
provisions bereofby I,tawr, shall be commucl as a waiver of my oaten prordslom hereunder, and that a
vnnver m my time of any of the provisions hereof shell not be construed at any subsaNera time as a
waiver of the same Provisions. The approval of Lessor or of any action by the Leaver nyuning the
Lessor's wnsat or approval shall not be deemd to waive or tonsillar umtmemy the L aots comm[ or
approval of my sub alumt slmila art by the Lesaee.
Notices b the Lessor frovule i for in the I.ease shall be sufficient if mare by registered or certiBeA
most, remm receipt requested, postage prepaid to:
CityofBmgor
Atm: Uj al Department
73 Harlow Small
BavgoS Maine 04401
with copies to Director, Health and Welferc m the sane address, and varices to Lessee are to be amt by
registered or ealifid mail, ream receipt mfuesteJ, passage prepaid, addressed to:
Bilin M Bytam,
Vice President, Business Services
Acadia
Stillwater Avenue
P.O. Bar 4n
Bangor, Maine 0440YJ422
or to such other respective addrese a as the parties may designer¢ to each ober in wrmag from time on
time.
Article=- Invalidity ofPanicWar Provision
If any tam m provisions of this Lease or the Wpimmon thereof to my person or utrcumstavices is
haafier daamiresi by a court ofootvpamt jumshation to be m my exme, invalid or rceabte, the
remainder of this Lease or the application of such terms and provisions to persons or crzcumelarcea Mha
10
07 135
thus those to which it is held wvabd or slvll not be abated hereby and such tam and
proviaiw of this Lease shall be valid and be mfnvarble to the Meet ea[wt pemdHM by law.
Article XXII - Consmretion
The beadings appwring in the Lease are iNmdM for cwvenleoce and refemrce oNy and vat b
be considered in cons W ing Ih s; Lease
Article )GOE- No PVacershio or beat VeMve Crested
Nothing wntainei herein shall be denied or woawm by the parties berate, mor by my third
party, as ereabig the relationship of principal and agent on of partnership or of joint vmNre benvem the
parties, it being ereernoui are egread that neither the menwd of compwanon of rent mor my other
provision contained heran nor any not of the partes shall be deemed to create any relationship between
the parties hereto other than the relationship of larrdbld and taunt.
Article %XIV - Govmdne Law
This Lease shall be gestural exclusively by the provisions hereofae "e hears of the State of
Maine, as the same may from time to Nme exin.
Artde X%V - Ammdmmt to Lease
This Lease wnterirs all Ne tams east conditions between the parties hereto east he alteration,
amaemev[ or addition hereto shall be valid unless in writing and signed by both porters berMo.
IN WITNESS W}IEBBOF, the parties hereto have set Nov fiend.; arnl seals the day and year
written above.
CITY OF BANGOR
By: Shawn Yardley
Its: Hea1N&Welfare Director
ACA MHF MCARE
Witness: By: Eileen M.Byram
Its: Vice President, Business Service
STATEOFMABiE
Penobscot, as. 2W6
07 135
Then personalty appy tM aboveo-named Sbawa Yardley, m bis capacity as Health e:
Welfare Bvector, avd aa4 ledged the f going iretronwat to be bis Gee as and deed in his said
capacity, and the Geeact arW deed of saidbody w nae.
Before m
Notary Pubhe/Atlomey-&-Law
Mated Name:
STATE OF MAINE
®'
]Tess pe s ly apps the above-named Eilar. M. Byren, in her capatity as Vice
presiders, Busm s Services, anal acknowledged the fofagomg fi stmment to be her Bee set and deed in
her said capaaAy, and the has act a A deed of said c fion.
Mesa
Notarypabhc/A rnoy-at-faw
pthsWNavw:
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