HomeMy WebLinkAboutRes1979-005
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Resolution No. 79-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA AUTHORIZING THE CITY MANAGER TO
NEGOTIATE THE DISPOSITION OF LAND IN THE MARATHON
ADDITION BY LEASE
WHEREAS, The City of Seward, Alaska is the owner of
the property upon which is located the Seward General Hospital,
which real property is more particularly described as follows:
Lots 14, 15, 16, 17 and 18 of the Marathon Addition to
The City of Seward, Third Judicial District, State of
Alaska, according to the map and plat thereof.
and
WHEREAS, the Seward General Hospital Association, an
Alaskan Corporation has successfully managed the Seward General
Hospital ~or many years pursuant to leases with the City of
Seward; and
WHEREAS, the current lease of the property described
above expires on February 8, 1979; and
WHEREAS, the City Council hereby finds that lease of
the above described real property by public sale is not in the
public interest; and
WHEREAS, the City Council hereby further finds that
the above described premises has not previously been dedicated
to public use;
NOW, THEREFORE, the City Council City of Seward
resolves,
Section 1. The City Manager of the City of Seward,
Alaska is hereby authorized to negotiate the disposition of the
above described real property owned by the City of Seward,
Alaska by lease to the Seward General Hospital Association.
Section 2. The terms of such lease shall prescribe a
term not to exceed ten (10) years, rental in an amount not to
exceed ONE DOLLAR ($1.00) per year, payment of utilities by the
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Seward General Hospital Association as Lessee, payment of
insurance coverage protecting both the building and the general
public under a general liability policy in an amount not less
than TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) per injury
or death or FIVE HUNDRED THOUSAND DOLLARS ($500,000) per
occurrance, with such policy naming the City as a named
insured, and such other terms as will reflect the continuation
of the substance of the lease with the Seward General Hospital
Associaton terminating on the 8th day of February, 1979.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, THIS 26th DAY OF February , 1979.
CITY OF SEWARD, ALASKA
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Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
HUGLI, POTTS, SORIANO AND SWARTZ
NONE
GILLESPIE AND LEER
CAMPBELL
/
APPROVED AS TO FORM:
CRANSTON, WALTERS, DAHL &
~:~Of
JARRELL
Seward, Alaska
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, 1979
I', "LESSOR"), and the SEWARD GENERAL HOSPITAL ASSOCIATION, an
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! as "LESSEE").
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WITNESSETH:
WHEREAS, on the 9th of February, 1969, LESSOR did
! lease to LESSEE the property described below for the purpose of
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operating a hospital thereon; and
WHEREAS, the earlier lease expires on the 8th day of
February, 1979; and
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WHEREAS, the City Council of the City of Seward
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I' desires to permit the SEWARD GENERAL HOSPITAL ASSOCIATION to
,
I' continue to operate the hospital facility for the foreseeable
! future;
II NOW, THEREFORE, the parties hereto agree as follows:
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1.
DEMISING CLAUSE. LESSOR for the general benefit of
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i the public and in consideration of the covenants and agreements
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i: herein set forth, does hereby lease unto LESSEE the following
described real property:
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Lots 14, 15, 16, 17 and 18 of the Marathon
Addition to The City of Seward, Third Judicial
District, State of Alaska, according to the map
and plat thereof.
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2.
USE. The demised premises shall be used and occupied
by LESSEE for the purpose of operating a Community Hospital for
At the discretion of
Ii the benefit of the general public.
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LESSEE, a portion of the demised premises may be used for a
Public Health Clinic or for other health services.
Other uses
of the demised premises are permissable only upon receiving the
prior written conscent of tl:e LESSOR.
3.
This lease shall be for a period of ten years
TERr<1.
commencing on the ___ day of
, 1979.
4.
LESSEE shall pay as rent for the demised
RENTAL.
premises the sum of ONE DOLLAR ($1.00) per year, payable in
advance.
All payments of rental shall be made to the City
Clerk of LESSOR or such other person as may be designated by
I: LESSOR in writing delivered to LESSEE.
5. CONDITION OF PREMISES. The LESSEE has examined and
knows the condition of said premises, and agrees that the
building and fixtures and property herein described are
p
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repair; the LESSEE agrees to keep said premises and
appurtances, including any rights of way, in a clean and
healthful condition according to all applicable statutes,
ordinances and regulations, and to the direction of the proper
public officers during the term of this lease. The LESSEE
agrees to examine the premises and building regularly, and
report in detail to LESSOR on any major repairs needed during
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L succeeding year no later than Apr il 1 of each year, such report
Ii to include an estimate of the cost of repair, and additional
I fixtures and whether the LESSEE is financially able to assume
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;, costs of said repairs and fixtures and if Hospital finances are
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such that costs cannot be paid then negotiations between the
LESSEE and Seward City Council shall determine how such costs
are to be paid.
6. TERMINATION. The LESSEE, upon termination of this
lease, shall surrender said premises to the LESSOR in as good
condition and repair as they are at the commencment of this
i' lease, reasonable wear and tear excepted.
Either party may, without liability, terminate this
lease upon six (6) months written notice to the other party.
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Notice of termination and all other notices shall be made by
delivery of the notice by certified mail return receipt
requested to the other party. The respective addresses of the
parties for the purpose of notices are as follows:
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LESSOR:
City Manager
City of Seward
Post Office Box
Seward, Alaska
337
99664
LESSEE:
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Seward General Hospital
Post Office Box
Seward, Alaska 99664
7. REPAIR. The LESSEE shall be liable for any repair to
the buildings, in accordance with paragraph 2. The LESSEE
shall not permit said premises to be used for any unlawful
purpose or purposes that would injure the reputation of the
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same or the building, or disturb the neighborhood: and will
not permit any major alterations or additions of, or upon, any
part of the said demised premises, or allow any alterations or
additions except by the written consent of the LESSOR, and all
alterations or additions to said premises shall remain for the
benefit of the LESSOR unless otherwise provided in said consent.
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8. UTILITIES. The LESSEE shall be responsible for the
cost and payment of all utilities.
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9. ASSIGNMENT. The LESSEE shall not sublet, assign,
underlet, or in any manner transfer any interest wi~hout the
written consent of the LESSOR, except that LESSEE may at its
discretion permit the Public Health Clinic to use some space in
the demised premises.
10. INSURANCE. The LESSEE shall bear the cost of fire and
extended coverage insurance on the building, as well as boiler
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explosion liability coverage in an amount considered adequate
by the LESSOR.
The LESSEE shall hold the LESSOR harmless from all
other liability, costs and expenses arising in any manner
through the occurance causing injury or damage to the person or
property of others, and shall carry insurance in an Insurance
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Company acceptable to the LESSOR in a sum not less than
$250,000 for injury to, or death of, one person and not less
than $500,000 for injury to, or death of, two or more persons
injured or killed in anyone ocurrence, and not less than
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$50,000 damage to property of others arising from the LESSEE'S
use, occupation, or activities on the demised premises. LESSOR
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shall be named as a named insured on such policies. LESSEE
shall furnish LESSOR a certificate of insurance signed by the
Insurance Company, outlining the insurance provided by its
policy, and agreeing not to cancel the policy for any reason
without at least fifteen (15) days prior written notice to
LESSOR.
11. DEFAULT. It is expressly agreed between the parties
hereto that if LESSEE should default in payment of rent above
reserved, or any part thereof, or in any of the covenants,
conditions or agreements herein contained, to be kept by the
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LESSEE, LESSOR shall send written notice to LESSEE describing
such default. If LESSEE shall fail to take corrective action
to end the default within thirty (30) days after delivery of
such notice, LESSOR shall have the right to declare the lease
immediately terminated and re-enter and retake the property.
Failure of LESSOR to act upon any default shall not
constitute a waiver of the right of LESSOR so to act.
12. OPERATION OF HOSPITAL. No doctors' offices or any
special quarters shall be maintained on the premises except for
use by all qualified, licensed medical practitioners and all
members of the medical staff of the hospital shall have equal
access to the hospital facilities subject to the rules and
regulations of the hospital board, except for offices of a
Public Health Nurse which may be maintained on the premises at
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I the option of the LESSEE.
13. ANNUAL AUDIT REPORT. The LESSEE, shall during the
term of this lease, submit one certified copy of the ANNUAL
AUDIT REPORT of the hospital operations to the LESSOR.
Such
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Audit Report shall be made by a certified public accountant
licensed by the State of Alaska.
14.
ACCESS & THOROUGHFARE MAINTENANCE.
The LESSOR hereby
agrees to maintain an emergency access to the Hospital area, to
designated for vehicular traffic.
This work shall be done by
city maintenance forces and shall be on a priority basis to the
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extent of emergency access only.
Other snow removal and
sanding shall be done on same basis as other areas within the
City. All maintenance of walkways and areas used for
pedestrian traffic shall be maintained by LESSEE.
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1 to be signed in its corporate name, and the said LESSEE has
IN WITNESS WHEREOF, LESSOR has caused these presents
1 caused its corporate name to be hereunder subscribed, and the
i LESSEE further has required that each member of its Board of
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Trustees also execute this lease on this
day
of
, 1979.
THE CITY OF SEWARD
ay:
C. E. Johnson, City Manager
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SEWARD GENERAL HOSPITAL
ASSOCIATION
By:
President,
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Trustee Trustee
Trustee Trustee
Trustee Trustee
Trustee Trustee
STATE OF ALASKA )
) SSe
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ___ day of
1979 before me, the undersigned, a Notary Public in and for the
State of Alaska, duly commissioned and sworn, personally
appeared C. E. Johnson, known to me and to me known to be the
City Manager of The City of Seward, a Municipal Corporation, of
the State of Alaska, and he acknowledged to me that the seal
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affixed to the foregoing instrument is the corporate seal of
said municipal corporation, and that said instrument was signed
and sealed on behalf of said corporation by authority of its
City Council, and the City Manager acknowledged the said
instrument to be the free act and deed of said corporation, for
the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate
first written.
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Ii THIRD JUDICIAL DISTRICT
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Notary Public in and for Alaska
My Commission expires:
STATE
ALASKA )
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OF
THIS IS TO CERTIFY that on this ~ day of
1979, before me, the undersigned, a Notary Public in and for
the State of Alaska, duly commissioned and sworn, personally
appeared
, known to me to be the
President of the SEWARD GENERAL HOSPITAL ASSOCIATION, an
" Alaskan Corporation, and he acknowledged to me that the seal
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affixed to the foregoing instrument is the corporate seal of
said corporation, and that said instrument was signed and
Ii sealed on behalf of said corporation by authority of its Board
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of Trustees, and the said
acknowledged the said instrument to be the free act and deed of
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IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate
first written.
Notary Public in and for Alaska
My Commission expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ~ day of
,
1979, before me, the undersigned, a Notary Public in and for
the State of Alaska, duly commissioned and sworn, personally
appeared:
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I; known to me to be members of the Board of Trustees of the
! SEWARD GENERAL HOSPITAL ASSOCIATION, an Alaskan Corporation,
and they acknowledged to me, each for himself and not one for
the other, that the seal affixed to the foregoing instrument is
the corporate seal of said corporation, and that said
instrument was signed and sealed on behalf of said corporation,
and the above named Trustees acknowledged the said instrument
to be the free act and deed of said corporation, for the uses
and purposes therein mentioned.
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I IN WITNESS WHEREOF, I have hereunto set my hand and
I affixed my official seal the day and year in this certificate
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Notary Public in and for Alaska
My Commission expires:
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