CITY OF HOMER
HOMER, ALASKA
City Manager
ORDINANCE 05-51
AN ORDINANCE OF THE HOMER CITY COUNCIL APPROVING AN EXTENSION AND AMENDMENTS TO THE LEASE TO THE KENAI PENINSULA BOROUGH FOR THE SOUTH PENINSULA HOSPITAL AND APPROVING CONSTRUCTION OF HOSPITAL BUILDINGS ACROSS CITY AND BOROUGH LOT BOUNDARIES
WHEREAS, the South Peninsula Hospital is vitally important to the health and welfare of the citizens of Homer and the southern Kenai Peninsula; and
WHEREAS, on November 10, 1969, the City, as lessor, and the Kenai Peninsula Borough, as lessee, entered into a lease of city land entitled Lease of Homer Hospital for a 55-year term commencing July 1, 1969, and ending on June 30, 2024; and
WHEREAS, the Kenai Peninsula Borough ("Borough") now desires to expand the South Peninsula Hospital on the property, and desires an extension of the lease term and modification of certain terms, which the City desires to approve in the public interest.
NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:
Section 1. The City finds that the continued operation and expansion of the South Peninsula Hospital in Homer is of vital importance to the health and welfare of the citizens of Homer and the southern Kenai Peninsula, and further that the public interest in the continued operation and expansion of the hospital in Homer is sufficient
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Ordinance 05-51
City of Homer
to justify the extension of the term of the Lease of Homer Hospital and the other provisions approved in this ordinance.
Section 2. This lease extension is hereby exempt from Homer City Code Chapter 18.08 and other provisions of the Homer City Code governing the making and amendment of leaseholds in City property.
Section 3. The Second Amendment to Lease Agreement Between City of Homer and Kenai Peninsula borough, in the form attached to this ordinance as Exhibit A, is hereby approved.
Section 4. The construction by the Borough of South Peninsula Hospital buildings and structures across boundary lines existing between Borough-owned lot(s) and City-owned Tract A, South Peninsula Hospital (the “Hospital Site”) is hereby approved. The Hospital Site, while managed by the Borough as the site for South Peninsula Hospital purposes, is exempt from any provisions of the Homer zoning code that would (a) prohibit construction of buildings or structures across property lines between City and Borough owned land ,or (b) require setbacks from such property lines on the interior of the Hospital Site. This does not exempt the Hospital Site from setbacks applicable to the perimeter of the Hospital Site or from other applicable provisions of the Homer zoning code.
Section5. This ordinance is of a special or temporary character and shall not be included in the City Code.
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Ordinance 05-51
City of Homer
ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this __________ day of ______________________, 2005.
CITY OF HOMER
_______________________________
JAMES HORNADAY, MAYOR
ATTEST:
___________________________
MARY L. CALHOUN, CMC, CITY CLERK
AYES:
NOES:
ABSTAIN:
ABSENT:
First Reading:
Public Hearing:
Second Reading:
Effective Date:
Reviewed and approved as to form:
_____________________________ ___________________________
Walt Wrede Gordon J Tans
City Manager City Attorney
Fiscal Note: No fiscal impact.
EXHIBIT A
FORM OF LEASE AMENDMENT
SECOND AMENDMENT
TO LEASE AGREEMENT
BETWEEN
CITY OF HOMER
AND KENAI PENINSULA BOROUGH
THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Second Amendment") is made and entered into effective as of this _____ day of __________, 2005, between the CITY OF HOMER, a municipal corporation, 491 East Pioneer Avenue, Homer, Alaska 99603, ("LESSOR"), and KENAI PENINSULA BOROUGH, a municipal corporation, 144 North Binkley St., Soldotna, Alaska, 99669, ("LESSEE"), and affects that Lease of Homer Hospital entered into between the parties on November 10, 1969, recorded beginning at Book 56, Page 61, Homer Recording District; as amended in 1999 by an instrument entitled Amendment to Lease Between City of Homer and Kenai Peninsula Borough, recorded beginning at Book 289, Page 305, Homer Recording District (collectively referred to as the "Lease").
This instrument affects the following property located in the City of Homer, Homer Recording District, State of Alaska:
Tract A, South Peninsula Hospital Subdivision, filed as plat No. 98-41.
AGREEMENT
LESSOR and LESSEE agree as follows:
1. Extension of Term
The term of the Lease is extended for an additional 36 years, to end on June 30, 2060.
2. Lease Remains in Effect.
Every other provision of the Lease shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be duly executed as of the day and year first above written.
LESSOR:
CITY OF HOMER
NOT
FOR EXECUTION
By:_________________________
Walt Wrede, City
Manager
LESSEE:
KENAI PENINSULA BOROUGH
NOT
FOR EXECUTION
By:_________________________
Dale Bagley, Mayor
ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me on __________________, 2005, by Walt Wrede, City Manager of the City of Homer, on behalf of the City of Homer.
Mary Calhoun, CMC, Homer City Clerk
My Term Expires: with office .
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me on __________________, 2005, by Dale Bagley, Mayor of the Kenai Peninsula Borough, on behalf of the Kenai Peninsula Borough.
Notary Public in and for Alaska
My Commission Expires:
Return to:
City of Homer
491 East Pioneer Avenue
Homer, Alaska 99603