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HomeMy WebLinkAboutRes1997-177 . I r Sponsored by: Gifford CITY OF SEWARD, ALASKA RESOLUTION NO. 97-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AMENDMENT NO.2 TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE ALASKA DEPARTMENT OF FISH AND GAME, AND A TIDRD AMENDMENT TO THE AGREEMENT 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 II 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 by 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 of Fish and Game ("ADF&G"), for the Construction, Operation and Maintenance of Research Infrastructure Improvements at the Alaska Sealife Center in Seward, Alaska; and on April 3, 1997, the City and ADF&G entered into Amendment NO.1 to the Cooperative Agreement (said agreement, as so amended, is referred to as the II Cooperative Agreement"); and WHEREAS, on April 28, 1995, the City and Seward Association for the Advancement of Marine Science ("SAAMS") entered into an Agreement for Financing, Construction, Operation and Maintenance of the Alaska SeaLife Center; 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; and on March 26, 1997, the City and SAAMS entered into the Second Amendment to the Agreement for Financing, Construction, Operation and Maintenance of the Alaska SeaLife Center (said agreement, as so amended, is referred to 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 purchase of research equipment and restoration program exhibitry for 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 purchase of research equipment and restoration program exhibitry; and WHEREAS, under the Operating Lease the City has delegated its responsibilities CITY OF SEWARD, ALASKA RESOLUTION NO. 97-177 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 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 bes t 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 which the City proposes to enter into: 1. The form of Amendment No.2 to the Cooperative Agreement, which is entitled "Amendment No.2 Providing For The Purchase Of Research Equipment And Restoration Program Exhibitry To Cooperative Agreement between the State of Alaska, 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 Third Amendment to the Operating Lease which is entitled "Third 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 is before the City, is in appropriate form and is an appropriate instrument for the purposes intended; NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The form and content of Amendment No. 2 to the Cooperative Agreement hereby are in all respects authorized, approved and confirmed, and the City Manager and Acting City Manager each is authorized, empowered and directed to execute and deliver said document to the counter party 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, Acting 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 2. The form and content of the Third Amendment to the Operating Lease . I , r CITY OF SEWARD, ALASKA RESOLUTION NO. 97-177 hereby are in all respects authorized, approved and confirmed, and the City Manager and Acting City Manager each 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 conten t 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, Acting 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 documen t as executed. Section 3. The City Manager, Acting 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. This Resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 6th day of November, 1997. THE CITY OF SEWARD, ALASKA ~I K S:tt5u Lowell R. Satin, Mayor AYES: NOES: ABSENT: ABSTAIN: Blatchford, Callahan, Clark, Gage, King, Off, Satin None None None ATTEST: .4 -;:!-: / //., ....:m,.r'", y Q,//~ tfJJr~t'~.... E:':~'~"~~h" C. Cl k .. A':' .' r" ."', .'C .,,> Ity er ~, ,.'..'" .~.o.,~f(U~i,~?,~,~\'ltV ..~~" .~ ....., r <l.:~....'\.' t'I~ [City Seal] :: :";:.~~ __ ""... 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