HomeMy WebLinkAboutRes1956-098
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96
.~ON JlO~ ~.
ApproY1ac .. aathorb1ng acc.~aaee of
a deecI, t....naterriDc all right, tide
.... lIIt.hR ., the Ullited Stat.. 1n
... to a h1P .....1 buiWIlI wttll
eq....... _ the ...ab of utlat"
eMt. fit' .... Id.&h "001 but ldinc with
.....p.tat: aIId ....orisiag. pa~t of
tile ,.......~.
\III~, ....... to the authwity eoataiaecl in the Alaska
Public Work. let, .Pl"'cmt<< Auguat 24, 1M9 (63 stat. 627, 48 V.S.c.
486), the thdtlill !tate. ef' ..rica, hfloelnatter called the United
Statu, eateN illto . .....ject Conatruetion and Sale, Agl"f;en.ent with
the City of h'tJU'd, Alaska, hereinafter called the Oity, ""eMY the
United State. ...... to CIOIIIuact and p1"OTtcle tor the City a high
school buildilll with eq1It)llllftt, ......lnatter called the Project; and
.mala,. pwlUlrt ~ IlAid Agree..nt the United. States has
carried the eoans l.6t1oa aad eompletlOIl ot the .....ject to the .tage
that it is ready tw .nstaatt1al occupaacy and u.. and is prepared
to transfer all right. title and interelt of the Ub.ited States in
and to said Preject to the City .a prOVided in the Alaska Publ1e
Works Act and. at......"d Project eonatruc1:ion and Sales Agreement,
at an estbated. parella. price of 'lbree Hundred Kine 'thousand rive
Ihmdred Fifty Dolla... (U09,550), nbjeet to subsequent adjustment
when tinal COR' or the Project have been determined; and
WItERIAS, the City Council of the City has examined and
approved the propo..d plan of transfer and is now prepared to author-
ise the acceptance of a deed, transferring said Project to the City
in consideration of the payment to the United States of a purchase
price which equals fifty per cent (50%) of the t(')tal of the ectual
cotta to the U.:ttetl Statel of the ProjfKtt;
r .
NOW. 1'HEIIr(l\l, !IE IT RESOLVED by the City Council of the
City ot Sewardl
1. nae...u Pre.)eet, coDai.tiq ot a two atol'1, concrete,
steel, aod wood bicb .chool .tth .qa1~tJ ...t.i~t.<< a d....tic
science area, a ._reial inatructioo area, a cateteria and IllUlti-
purpo.. ..._ witla """ceat IdtcMn, a acteac. laboratol7, a library,
a .tudy hall, . __1 N't. ...... tIar.. cl&.U"OOlU, an administrative
suite iaeludina. ......'. ...., a boiler rooa,. aM other appurtenant
and incidental 'paM; &loq with lite develepllellt includiq drainage
and gadiJtc (rr.J..t No. Au. 5O-,A...l6O) ia hereby approved as to
conatrueUea and NlltaDtial c..,J.etion and the ,UIIl of '!bree Hundred
Nine '1ho1aaMd rlYe Ht.DIr.. r1ft, Dollar. ($.109,550) 18 hereby
approved at the .stiute. pQ1'Cba. pric. in accordance with the pro-
viliOll' of the Project OcmItnlction and Sale. Ap-e_ot eoveria&:
laid Project, .ubj..t, bowv.r, to a proper adjuaaeat of said pur-
chaee price ... dae act...1 COd. of the Project baye been deter-
mined.
2. 'Ibe dftd te......ecl by the United State. is acceptable
in t... aad is ..,..,. .......... t.. trauter of all right, title and
interelt of the UI'dte4 State_ ill and to the aid Project.
3. 'I'he Ma10r of the City b henby &uthorbed to accept
the deed on behalt of the City and to C&uae payment of th~ purchase
price to be Mde to the United States by check payable to the treas-
urer of the Ubited State. in the amount of Eighty-'lbree thousand
rift H1IIIdnd Fifty Dollars ($83,550) and annua.l installments there-
afte.. iD MCordaIIcHI with the provisions of the single, temporary
bond representing an issue of 226 One Thousand Dollar bonds desig-
nated City of Seward General Obligation School Bonds of 1956.
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It .... .........atood and aveed that when the tinal coats of
the Project ba-.e been detenrdned, the United States shall notify the
City of tbe ICtual P'II'obaae price, wtdch cOIIpriael fifty per cent of
the &etal collt.. At that u., tbe City aha11 pay to the United
State. the amount of 8lLid pureba.. price in _xceas of even thousands
of doll.,.. not covered by tM initial pa)'lllent of Eighty-1bree Thou-
land rive HUbdred Fifty Dollar. and upon receipt of said payment tlle
United Statu shall caUb the alllOunt ('If the te""orary bond which
repre~ntl the detinitin bond. of the latest _turity which are in
exc.s. of the "'lIl\t of the City'. indebtedness on the purchase price
of the Project to be cancelled and aha11 notify the City of said can-
cellation.
'!'he City hereby agree. that hereafter the City tha11 oper-
ate and ..tntain the .aid Project at its own expense, but the United
State. shall haft the right te 10 upon the premises a. necessary to
cOIIIplete the Project.
.t. 1he Mayor is hereby authorized am directed to cause
the laid deed to be recorded in the apprepriate official land records
of the Territory of Ala_ and the....tter to pt'eNl"Ve the original
thereot 8IllOIl& the otficial records alld docmaent. of the City and is
hereby directed to tJ'aUMit certified copies of this Hesolutioll and
the Extract of the HiDutel of the meeting of the City Council at
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which tilt. Resolution is adopted to Alaska l'ublic Works, Office of
Territories, Department of the lnterior, Post Office Box 1181,
Juneau, Alaska.
Palled alld approved by the City Council of the City of
Seward this Iq!!! day ot rjll4j~l \ . 1956.
Cl TY OF SEWARD
( SEAL)
ByQ~~~~~
A TTES T t
~la.rLJL-
ty Clerk
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UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF TERRITORIES
WASHINGTON 25, D.C.
Contract No. /1- t... ,,! - t c. I -< 9V
Project No. Aao. 50-A-97
Seward H05pi tal
PROJECT CONSTRUCTION AND SALES AGREEMENT
,
This Agreement, dated as of
!l,.vr;/ 2;:' 11'-<(
,by
and between the UNITED STATES OF AMERICA, hereinafter called the United
States, acting by and through the Director. Office of Territories, hereinafter
called the Director, and the CITY OF SEWARD, hereinafter called the Purchaser;
WITNESSETH:
WHEREAS, the Purchaser has requested the United States to provide for
it, under the Alaska Public Works Act, approved August 24, 1949 (63 Stat. 627,
48 V.S.C. 486-486j), certain faciities described as follows:
a one-story with partial basement 31-bed hospital building
wHh oq;,Jipmont of reinforced concrete, steel and wood frame
construction,
hereinafter r:alled the Project; and
WHEREAS, the st1id Project nas been included in the program of public
works for the Territory of Alaska authorized by said Act, and the United Statas
will undertake to provide said Project for the Purchaser based upon the plan!
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and specifications for such Project as prepared by Foss and Olsen, Juneau,
Alaska;
NOW, THEREFORE, in consideration of the mutual agreements and
covenants herein expressed, it is agreed by and between the United States
and the Purchaser as follows:
1. The United States shall provide the Project for the Purchaser on
or about September 1, 1957, at an estimated cost to the Uni ted States of
Seven Hundred Twenty Five Thousand Dollars ($725,000). No change in-
volving an increase or decrease in the scope of the Project as contemplated by
the said plans and specifications of Foss and Olsen shall be effected without
the mutual consent of the Purchaser and the Director.
2. In consideration of the provision of said Project by the United
States, the Purchaser shall operate and maintain the Project at its own expense
and shall pay to the United States a purchase price of Three Hundred Sixty Two
Thousand Five Hundred Dollars ($362,500) which constitutes fifty per cent (50%)
of the estimated cost to the United States of said Project. Said purchase price
shall be p'iid a~ ;ollows: A cash payment of $52,500 at the time of transfer of
the Proj0,.;t; provided, however, that any appropriation by the Territorial Legis-
lature of Alaska, or any other contributions from other sources which may be
available 'io the Applic':lnt for hospitai construction in Seward, be added to the
cash payment of $52,500 upon transfer of the Project, and so be paid ta the
Government, and the daf-'lrred ,'3m;::ind-il. to be poi-:! in :mnuol instol!mEinh
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within a period of twenty (20) years in this manner: substantially level annual
debt service as mutually agreeable by the Forties and evidenced by the terms
of the bonds which will be issued, with simple interest at the rate of two per
cent (2%) payable semi -annually, on the unpaid balances. The Purchaser's
promise to pay said purchase price shall be evidenced by general obligation
bondJ delivered to the United States at the time of the transfer of the Project
in an aggregnte amollnt which equals the unpaid balance of tro purchase price.
Said bonds sholl be payable from the levy of ad valorem taxes levied on all
taxable prOr'3~ty in lhe City wii'hout limitation as to rate or omount. If the
United St:;.tes shQl1 Co.1sent thereto, a single, temporary bond payable to the
United States of America as registered owner, numbered the same as the defin-
itive bond~ authorized and reci:'ing the numbers and amounts of the bonds to
mature in each year, may be issued as evidence for the entire indebtedness of
the Purch..ser and the annual payments shall be credited against maturities of
individucl! bonds as though said bonds had actually be em issued. The definitive
bonds shall be substituted for th3 temporary bond at any time on demand of the
registered owner. AccelerQtea payments may be mod.;; and shall be credited
as retiren'3"'~ of oonds of latest maturity.
3. Upon completion of the Project, the Director shall determine the
total cost thereof and notify the ?urchaser of such cos:' in reasonable detail.
In the eve:;t that the actu'll cost of the Project to th<'1 United States is less than
the estimated cost, the soid purchase prics shall be rl:lduced to an amount equoi
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to fifty per cent (50%) of the actual cost of said Project.
4. When the Project is completed, the United States shall transfer
to the Purchaser, by quitclaim deed or other appropriate conveyance, all
right, title and interest of the United States in and to the Project, subject
to such liens to insure payment of the purchase price as the United States may.
deem appropriate and, insofar as public lands are included in the c.onveyance,
subject to a limitation of continued use for the purpose for which the Project
is constructed.
When the construction of the Project has advanced to a stage that
will permit substantial occupanc)' and use by the Purchaser, the United States
shall, at the r~quest of the Purchaser, permit such occupancy and use, and
concurrently with the commencement of substantial occupancy and use, or as
soon thereafter as practicable, shall transfer the Project to the Purchaser, sub-
ject to the limitations described above and also subject to the continued right
in the United States to occupy and use the premises for the purpose of complet-
ing the Project. The Purchaser shall assume full respansibility for 011 costs of
operation and maintenance of the Project from the commencement of substan-
tial occupancy and use without regard to the actual date of transfer.
In the event of transfer before completion of the Project, the Purcha-
ser shall save the United States harmless from any loss or damage to the Project
arising out of or caused by the Purchaser's occupancy and use from any claim
by any person for injuries sustained during such occupancy and use.
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In the event that the actual cost of the Project is less than the
estimated cost, the Purchaser shall be entitled to a credit for any amount
by which the Elstimated purchase price paid exceeds the actual purchase
price as determined by the Director.
5. The Purchaser hereby pledges its full faith and credit to the
payment of the aforesaid purchCl$e Price.
6. In the event that the Purchaser defaults in the performance
af any of the payment provisions of this Agreement, and if such default
....
exists or continues for a period of thirty (30) days, the United States may,
at the option of the Director, declare the unpaid balance of the said purchase
price of the Project as set forth in Article 2 her~of, due and payable, without
in any way limiting or restricting the rights and remedies of the United States
otherwise available in law or equity. Any sums due the United States under
this Agreement and not paid when due, shall bear simple interest at the rate
of four per cent (4%) per annum from the due dote to the date of payment;
and the action of the United States in accepting any payment received from
or tendered by the Purchaser shall not constitute a waiver of any rights of the
United States in connection with such payment or with any further payment.
7. Wherever the title Director is used in this Agreement it shall olsl:'
mean any authorized representative of the Director.
8. No member of or delegate to the Congress of the United States
shall be admitted to any shar" or part of this Agreement or tc any benefit
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arising therefrom.
9. The Purcha:;er warrants that the property upon which the proj-
ect is to be constructed is accurately described in Schedule A hereto, and
further warrants that all its'right, title and interest in and to said property
is in fee simple.
10. The Purcha:;er grants to the United States the right and license
to enter and construct the Project upon the lands described in Schedule A
hereto, which are owned by the Purchaser and further grants to the United
States the right and license, in the course of constructing the Project, to
enter upon and make any reasonable use of all lands owned or controlled by
the Purchaser, including lands covered by easements running to the Purchaser
for the construction of and maintenance of this Project, immediatelyadjoin-
ing those described in Schedule A includ;ng 011 streets and access avenues.
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11. The Purchaser agrees that, upon completion of construction of
the Project, and prior to transfer of the Project to the Purchaser by the United
States, the Purchaser will prepare and transmit to the United States four (4)
sets of lias built" plans of said Project at the Purchaser's expense.
IN WITNESS WHERECF, this Agroement has been executed and de-
livered by and on behalf of the parties hereto as of the date above written.
UNITED STATES OF AMERICA
By
Director
Office of Territories
(SEAL)
CITY OF SEW,~RD
By C2~ CJ A/A
Mayor
ATTEST:
~J~"
/' ity Clerk
Prepared by:
Attorney-Advisor
Project and Schedule A land
Descriptions Reviewed by:
Financial Conditions Reviewed by:
Supervising Architect
Finance Analyst
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