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HomeMy WebLinkAboutRes1994-055 . . . Sponsored by: Jones CITY OF SEWARD, ALASKA RESOLUTION NO. 94-055 ARESOLUTIONOFTImCITYCO~CaOFTImCITY OF SEWARD, ALASKA, AUTIlORIZING TIm EXECUTION OF AN AGREEMENT TO TERMINATE CONSENT AGREEMENT RELATED TO TIm COAL FACalTY WHEREAS, the Alaska Railroad Corporation (the" ARRC") has leased to Suneel Alaska Corporation (Suneel) certain property (the "Leasehold") in the city of Seward (the "City") on which Suneel has constructed a coal terminal facility; and WHEREAS, in 1984, the City issued revenue bonds for the benefit of Suneel to finance the construction of the coal terminal facility; and WHEREAS, the City, the ARRC and Suneel entered into a Consent Agreement (the "Consent Agreement") that was recorded in the Seward Recording District, under which the ARRC consented to the granting to the City by Suneel of a deed of trust to the Leasehold to secure the revenue bond fmancing, and to certain actions of the City as beneficiary under the deed of trust; and WHEREAS, Suneel never executed the deed of trust contemplated by the Consent Agreement, and the revenue bonds issued by the City to finance the coal terminal facility have been retired; and WHEREAS, to clear title to the property leased to Suneel, the ARRC has requested that the City execute the Agreement to Terminate Consent Agreement that is attached hereto; and WHEREAS, it appears that execution of the Agreement to Terminate Consent Agreement by the City will not be prejudicial to the interests of the City; NOW, THEREFORE, BE IT RESOLVED BY TIm CITY co~ca OF THE CITY OF SEWARD, ALASKA, that: Section 1. The city manager is hereby authorized to execute the Agreement to Terminate Consent Agreement attached hereto on behalf of the City and deliver the same to the other parties thereto. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 9th day of May, 1994. . . . AGREEMENT TO TERMINATE CONSENT AGREEMENT THIS AGREEMENT is made on the date set forth hereinafter, among the Alaska Railroad Corporation, an Alaska public corporation created pursuant to AS 42.40 ("ARRC"), the City of Seward, an Alaska municipal corporation ("Seward"), and Suneel Alaska Corporation, an Alaska business corporation ("Suneel"). RECITALS WHEREAS, under the tenns of ARRC Contract No. 69-25-0003-5355, as supplemented, Suneel has leased from ARRC certain property located in the City of Seward ("the leasehold"); and WHEREAS, Suneel has constructed on the leasehold a coal loading facility; and WHEREAS, on 27 July 1984, the parties hereto executed a Consent Agreement, which is recorded at Book 51, Page 445, of the records of the Seward Recording District, and under the tenns of which ARRC consented to the granting to Seward by Suneel of a Deed of Trust to the leasehold and to certain actions of Seward as beneficiary under the Deed of Trust; and WHEREAS, Suneel never executed the Deed of Trust contemplated by the aforementioned Consent Agreement; and WHEREAS, the failure to execute the Deed of Trust has resulted in the absence of any lien or encumbrance of the leasehold for the benefit of Sewardj and WHEREAS, the parties hereto agree that Seward no longer needs or desires a lien or encumbrance on the leaseholdj and WHEREAS, the parties hereto desire to tenninate the aforementioned Consent Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, IT IS AGREED: 1. Tennination of Consent Agreement. That certain Consent Agreement dated 27 July 1984 among Suneel, Seward and ARRC is hereby tenninated in its entirety and the parties hereto specifically agree that the aforementioned Consent Agreement shall be without any force and effect whatsoever. 2. Merger. This Agreement constitutes the entire understanding among the parties hereto with regard to all matters contained herein. 3. Situs. This Agreement shall be interpreted according to the laws of the State of Alaska. 4. Effective Date. This Agreement shall be effective when signed by the last party hereto. DATED: THE ALASKA RAILROAD CORPORATION By: Its: DATED: SUNEEL ALASKA CORPORATION By: Its: DATED: CITY OF SEWARD, ALASKA APPROVED AS TO FORM Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the City of Seward, Alaska ~~~ City Attorney TYLER JONES, CITY MANAGER STATE OF ALASKA ) ) THIRD JUDICIAL DISTRICf ) The foregoing instrument was acknowledged before me this 10th day of May, 1994, by Tyler Jones, City Manager of the City of Seward, Alaska. (City Seal) Linda S. Murphy, City Clerk ---.-. ------,-------.- "..--.-- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 94-055 THE CITY OF SEWARD, ALASKA ~ W. ~, Dave W. Crane, Mayor AYES: NOES: ABSENT: ABSTAIN: Anderson, Bencardino, Crane, Darling, Krasnansky, O'Brien & Sieminski None None None ATTEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska ~f~ City Attorney (City Seal)