HomeMy WebLinkAbout2000-04-10 00-160 ORDERItem No. 00-160
Date: 4 -10 - 00
Item/Subject ORDER Authorizing the City Manager to Execute a Second Amendment to
Indenture of Lease with Acadia Hospital Corporation
Responsible Department: Community & Economic Development
The Second Amendment to Indenture of tease with Acadia Hospital Corporation extends the lease
term from September 2029 until March 31, 2030, to make the lease teen coincide with Acadia's
mortgage. The Amendment also attaches an exhibit that was omitted from the 1998 lease and
corrects a reference to another exhibit.
Department Head
Manages Comments:
City Manager
Associated Information: QIL ,
Budget Approval: F
(r7,n Rnance Director
Legal Approval:
City Solicitor
Introduced for
Passage
_ First Reading Page _ of
Referral
AsslgaAwCouncilor Paler Aryfl la, 3000
.' `% CITY OF BANGOR
(TITLE.) Order, Authorising the City Manager to Execute a Second Amendment to
Indenture of Lease with Acadia Hospital Corporation
By the city Councy of me CRY ofsangor.
ORDERED,
TaAT The City Manager is hereby authorized and
directed to -execute a Second Amendment to Indenture of Lease with
AcaciaHospital Corporation, ending lease dated September 37,
199Sand first amended on January 5, 3000, a copy of which is
attached hereto, in a form a ceptible to the City Solicitor or
Assistant City Solicitor.
IB CITT COUNCIL
April 10, 2000
Motion for passage Made 6 Seconded
00-160
ORDER
INBt Authorizing the city Canager Co
Execute a Second Amendment to In-
denture of Lease with Acadia Hospital
Corporation
AsdoWd th
6,,sPAO"
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00-160
SECOND AMENDMENT TO INDENTURE OF LEASE
This Amendment, executed in duplicate, is made and entered into this _ day of April,
2000, by and betwesem
CITY OF BANGOR (hereinafter "Lessor). a municipal corporation organized and
existing under the laws of the State of Maine, and having its principal offices located at
73 Harlow Street, Bangm, Maine,
and
ACADIA HOSPITAL CORPORATION thereinafter "Lessee'), a corporation duty
organized and existing under the laws of the State of Maine, and having an office or place
of business in Saugor, Maine.
WITNESSETH:
WHEREAS, the Lessor is the owner of certain premises located in the City of Bangor,
County of Penobscot, State of Maine, near Texas Avenue, adjacent W the City's Maine Business
Enterprise Park;
WHEREAS, Lessee has entered into an Indenture of Lease with Lessor, dated September
27, 1998, and amended on January 5, 2000, for the purpose of concoction, operation, and
amtanance of a center and an addition for the rehabilitation of persons with substance abuse
treatment needs;
WHEREAS, the Indenture of Lease dated September 27, 1998 contained several
discrepancies concerning the Exhibits; and
WHEREAS, the Lessee desires to extend the Indenture of Lem dated September 27,
1998, as amended, until March 31, 2030, in order to have the lease coincide with its mortgage:
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
contained in this Agreement, the parties hereto agree as follows:
L The term of the Indenture of Lease dated September 27, 1998, as emended, shall
extend until March 31, 2030, subject to all of the berms and conditions contained
in Indenture of Lease, as amended.
2. Article I of the Indenture of Lease dated September 27, 1998 refers to an "Exhibit
A," a plan prepared by the City of Bangor Engineering Department entitled
"Hope House Lease Plan," Plan No., L282, dated December 29, 1996; however,
there is no Exhibit A attached to the Lease. The Exhibit A attached hereto is the
omitted Exhibit A from the Lease, dated December 27, 1996. Additionally, the
Amendment to Indenture of Lease, dated larm y 5, 2000, contains an Exhibit I,
00-160
showing an addition to the facility. A copy of Exhibit I is also attached hereto as
attachment A-1.
3. Article XV(9) of the Indenture of Lease dated September 27, 1998 refers to an
"Exhibit C," a Suballocation Agreement however, the Suballocation Agreement
was attached to the Lease as Exhibit B. Therefore, Artcle XV(9) of the Indenture
of Lease dated September 27, 1998 is hereby deleted and repheard with the
following:
(9) If Ne Lessee fails to comply with the teams and conditions
of the Suballocation Agreement attached hereto as Exhibit
B.
4. Except as otherwise explicitly stated in this Amendment above, the terms of the
Indenture of Leese dated September 27, 1998, as amended by the Amendment W
Indenture of Lease dated January 5, 2000, remain unchanged and in full force and
effect.
IN WITNESS WHEREOF this agreement has been executed, sealed and delivered as of
the day and year first above written.
Witness
CITY OF BANGOR
BY Edward A. Herrn,
Its: City Manager
ACADIA HOSPITAL CORPORATION
By: Lynn Madden,
Its: Vice president