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:

 

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City of Homer
491 East Pioneer Avenue
Homer, Alaska 99603