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HomeMy WebLinkAboutRes1997-033 r r Sponsored by: Garzini CITY OF SEWARD, ALASKA RESOLUTION NO. 97-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING AMENDMENT NO.1 TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE ALASKA DEPARTMENT OF FISH AND GAME AND A SECOND AMENDMENT TO THE AGREE- MENT FOR THE FINANCING, CONSTRUCTION, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER BETWEEN THE CITY AND SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE WHEREAS, the City of Seward, Alaska (the "City") is a home rule city and under Section 11 of Article X of the Alaska Constitution may exercise all legislative power not prohibited by law or the Charter of the City, and it has been determined that the matters set forth in this Resolution are not prohibited by law or the Charter; and WHEREAS, on April 28, 1995, the City entered into a Cooperative Agreement with the State of Alaska, Department ofFish and Game ("ADF&G"), for the Construction, Operation and Maintenance of Research Infrastructure Improvements at the Alaska SeaLife Center in Seward, Alaska (the "Cooperative Agreement"); and WHEREAS, on April 28, 1995, the City and the Seward Association for the Advancement of Marine Science ("SAAMS") entered into an Agreement for Financing, Construction, Operation and Maintenance of the Alaska SeaLife Center, and on May 1, 1996, the City and SAAMS entered into the First Amendment to the Agreement for Financing, Construction, Operation and Maintenance of the Alaska SeaLife Center (the Agreement and the First Amendment are referred to collectively as the "Operating Lease"); and WHEREAS, the Exxon Valdez Oil Spill Trustee Council has authorized an additional expenditure of funds through ADF&G for the construction of a Fish Pass at the Alaska SeaLife Center, and it is necessary to amend the Cooperative Agreement to provide for the application of these funds to reimburse costs of the Fish Pass; and WHEREAS, it is also necessary to amend the Cooperative Agreement to address certain administrative matters related to reimbursement of project costs, budgeting and administrative overhead; and WHEREAS, under the Operating Lease the City has delegated its responsibilities under the Cooperative Agreement to SAAMS, and it is necessary to amend the Operating Lease to conform to the amended terms of the Cooperative Agreement; and CITY OF SEWARD, ALASKA RESOLUTION NO. 97-033 WHEREAS, the City considers that the leasing, construction, operation and maintenance of the Alaska SeaLife Center by SAAMS and the financing of the same is in the best interest and will promote the public purposes of the City; and WHEREAS, there have been presented to the City the form of the following documents into which the City proposes enter: 1. The form of Amendment No. I to the Cooperative Agreement, which is entitled "Amendment No.1 Providing For The Fish Pass, Revision Of The Payment Procedures And Revision Of The Detailed Budget To Cooperative Agreement between the State of Alaska, Department of Fish and Game, and the City of Seward for the Construction, Operation and Maintenance of Research Infrastructure Improvements At the Alaska SeaLife Center In Seward, Alaska"; and 2. The form of the Second Amendment to the Operating Lease which is entitled "Second Amendment To Agreement For Financing, Lease, Construction, Operation AND Maintenance Of The Alaska SeaLife Center"; and WHEREAS, it appears that each of the instruments referred to above, which now are before the City, is in appropriate form and is an appropriate instrument for the purposes intended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The form and content of Amendment No.1 to the Cooperative Agreement hereby are in all respects authorized, approved and confirmed, and the City Manager is authorized, empowered and directed to execute and deliver said document to the counterparty for and on behalf of the City in substantially the form and content now before this meeting but with such changes, modifications, additions and deletions therein as shall to him seem necessary, desirable or appropriate, the execution thereof to constitute conclusive evidence of the approval of any and all changes, modifications, additions or deletions therein from the form and content of the said document now before this meeting, and that, from and after the execution and delivery of the said document, the City Manager and City Clerk each is hereby authorized, empowered and directed to do all acts and things and to execute all documents as may be necessary to carry out and comply with the provisions of the said document as executed. Section 2. The form and content of the Second Amendment to the Operating Lease hereby are in all respects authorized, approved and confirmed, and the City Manager is authorized, empowered and directed to execute and deliver said document to the counterparty for and on behalf of the City in substantially the form and content now before this meeting but with such changes, modifications, additions and deletions therein as shall to him seem necessary, desirable or r r CITY OF SEWARD, ALASKA RESOLUTION NO. 97-033 appropriate, the execution thereof to constitute conclusive evidence of the approval of any and all changes, modifications, additions or deletions therein from the form and content of the said document now before this meeting, and that, from and after the execution and delivery of the said document, the City Manager and City Clerk each is hereby authorized, empowered and directed to do all such acts and things and to execute all documents as may be necessary to carry out and comply with the provisions of the said document as executed. Section 3. The City Manager, City Clerk or any other person authorized by the City each hereby is authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents, opinions or other papers and perform all other acts as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 4. Section 2 of this Resolution shall take effect thirty days after passage and posting as required by law. The remaining sections of this Resolution shall take effect immediately upon passage. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 10th day of March, 1997. THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: Anderson, Bencardino, Blatchford, Clark, Crane, Keil, King None None None ATTEST: ...\,-,~'t'!~n!iP"" .,. . - - ~" ~.."" I. "'. ',. ~~ ,".~ ..' t.. .,,~..~'S>. 4..,' ,e, ~". .,.~ ...,.... . '. ,,'"> ~ . ,J ~ "" '" ~ ~ ~ IfI 1; 11II N ,) :: "" .. .. 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