CITY OF HOMER

HOMER, ALASKA

City Manager

RESOLUTION 09-95

A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA, APPROVING THE TERMS AND CONDITIONS OF THE SALE OF LOT 2, HOMER PUBLIC LIBRARY NO. 2; DECLARING THAT THE HIGHEST, RESPONSIBLE BIDDER FOR LOT 2, HOMER PUBLIC LIBRARY NO. 2 IS _______________________ ; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE DOCUMENTS TO FINALIZE THE SALE.

            WHEREAS, HCC 18.12.030 provides that real property no longer required for a public purpose may be sold to the highest responsible bidder at a public auction sale or by sealed bids; and

WHEREAS, Resolution 09-54, adopted May 26, 2009, declared that Lot 2, Homer Public Library No. 2 is no longer needed for a public purpose; and

WHEREAS, HCC 18.12.030 states that the City Council in the Resolution authorizing the sale of real property shall set forth the terms and conditions of the public sale; and

WHEREAS, Resolution 09-54 further authorized the City Manager to take the necessary steps to offer the parcel in a public sale including the required appraisal and preparing the resolution containing the terms and conditions of the sale for Council approval; and   

WHEREAS, HCC 18.12.040 (b) provides that the City Council shall open the sealed bids at the next regular Council meeting after the closing date for submittal of bids; and

WHEREAS, The City Council opened bids at its regular meeting on September 14, 2009.

            NOW, THEREFORE, BE IT RESOLVED that the terms and conditions of the sale shall conform to HCC 18.12.010 through HCC 18.12.050 and shall be as follows:

 The notice of proposed sale shall be published at least once in a newspaper of general circulation within the City and posted in three public places.

• There shall be at least 30 days between the publication and posting of the public notice and the date fixed for the public sale.
• An information packet on the property shall be available to all interested parties in the Office of the City Clerk. The packet will include information on how to get questions answered and how to arrange for a tour of the property.
• The property shall be sold by sealed bid and the procedures for the sale shall follow the provisions contained in HCC 18.12.040.
• The appraised value for the lot shall be the minimum bid. 
• The property is to be sold “as is” and the City will make a good faith effort at full disclosure regarding existing conditions.
• The full purchase price must be paid in full at closing, which must occur within 45 days after notification is sent to the successful bidder(s).  The city manager may extend the date of closing not more than 30 days if the bidder has taken steps to secure the funds necessary to pay the purchase price and appears reasonably likely to succeed in doing so within the time allowed.  Failure of the successful to close within the time allowed will result in cancellation of the sale and forfeiture of all rights.
• City will provide at its expense standard owner's policy of title insurance, subject to all matters revealed in a preliminary commitment for title insurance.
• City and buyer will share equally the costs of closing.

BE IT FURTHER RESOLVED that the property to be sold is described as follows:

Lot 2, Homer Public Library No. 2 (Plat No. 2008-11), Homer Recording District; a Replat of Homer Public Library (HRD 88-43) containing 1.312 acres or 57,151 +/- square feet of vacant land with 215 feet of frontage on Main Street. Located in the Central Business District of Homer. MINIMUM BID $228,000

BE IT FURTHER RESOLVED that the Homer City Council hereby approves the terms and conditions of the sale; confirms the terms and conditions have been fulfilled; and declares that the highest responsible bidder for Lot 2, Homer Public Library No. 2 is _______________________________ with the bid amount of $_________________.

            BE IT FURTHER RESOLVED that the Council authorizes the City Manager to execute the necessary documents to complete the sale transaction with the highest responsible bidder named herein, pursuant to HCC 18.12.

PASSED AND ADOPTED by the Homer City Council this ___ day of September, 2009.

                                                                  CITY OF HOMER

                                                                  ______________________________________

                                                                  DENNIS NOVAK, MAYOR PRO TEMPORE

ATTEST:

______________________________

JO JOHNSON, CMC, CITY CLERK

Fiscal Note: $______________ to new library debt.