Resolution 10-88 To Negotiate a Less than Fair Market Value Lease with the Haven House

CITY OF HOMER
HOMER, ALASKA

Hogan

RESOLUTION 10-88

A RESOLUTION OF THE HOMER CITY COUNCIL DETERMINING THAT SOUTH PENINSULA HAVEN HOUSE, INC. MEETS THE CRITERIA IN THE HOMER CITY CODE AND THE PROPERTY MANAGEMENT POLICY AND PROCEDURES FOR LEASING CITY PROPERTY FOR LESS THAN FAIR MARKET RENT, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE SUCH A LEASE OF THE FORMER COLLEGE WEST CAMPUS FACILITY TO SOUTH PENINSULA HAVEN HOUSE, INC.
WHEREAS, South Peninsula Haven House, Inc. provides services to the community that are vital to the community public safety; and

WHEREAS, South Peninsula Haven House, Inc. has demonstrated that it fulfills a public purpose in providing critical services to those in crisis; and

WHEREAS, South Peninsula Haven House, Inc. has a critical need for a larger facility to provide its services to the public; and

WHEREAS, The City will soon have available the property being vacated at the College West Campus; and

WHEREAS, The City has determined that having the former College West Campus facility vacant will be a physical and financial liability to the City; and

WHEREAS, Subsection (b) of HCC 18.08.030, Approval of lease, provides, “Except as provided in §18.08.175, the City Council may approve a lease of city land for less than fair rental value only if the motion approving the lease contains a finding that the lease is for a compelling public purpose or use, and a statement of facts upon which the finding is based”; and

WHEREAS, Chapter 7.2 (4) of the Property Management Policy and Procedures (Lease Policies) states “The Council may approve a lease of City land for less than fair market rent, minimum rent, or uniform rental rate only if the motion approving the lease contains a finding that the lease is for a valuable public purpose or use, and a statement identifying such purpose or use”; and

NOW, THEREFORE, BE IT RESOLVED that the Homer City Council finds that the leasing of the former College West Campus facility to South Peninsula Haven House, Inc. would be for the compelling and a valuable public purpose of promoting public safety, justifying Council approval of such a lease for less than fair market rent.

BE IT FURTHER RESOLVED that the Council finds that the subleasing by South Peninsula Haven House, Inc. of portions the former College West Campus facility to other agencies with a similar mission likewise would serve the compelling and a valuable public purpose of promoting public safety, justifying Council approval of such subleases.

BE IT FURTHER RESOLVED that the Council authorizes the City Manager to enter into negotiations with South Peninsula Haven House, Inc. for a lease to South Peninsula Haven House, Inc. of the former College West Campus facility, and to submit the negotiated lease to the Lease Committee for review and recommendation to the Council.

PASSED AND ADOPTED by the Homer City Council this 25th day of October, 2010.

CITY OF HOMER

_____________________________
JAMES C. HORNADAY, MAYOR
ATTEST:

______________________________
JO JOHNSON, CMC, CITY CLERK

Fiscal Note: Lease revenues to be determined.