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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" &&V4 0, / 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