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HomeMy WebLinkAboutResolution No. 2020-32)(? Sponsored by : Legal KI;NAI CITY OF KENAI RESOLUTION NO. 2020-32 A RESOLUTION OF THE CITY OF KENAI, ALASKA, APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE KENAI HISTORICAL SOCIETY, INC. TO PRESERVE AND PROMOTE THE HISTORY OF KENAI THROUGH THE KENAI CABIN PARK . WHEREAS, the City and Historical Society have a history of working collaboratively to preserve and promote the history of the City of Kenai; and, WHEREAS , the City owns five historical cabins and their contents on Lot 3, Block 17, Original Townsite of Kenai (the Historical Cabin Park); and, WHEREAS, the Historical Society has managed and maintained the Historical Cabin Park for preservation , education, and tourism activities for a number of years; and , WHEREAS, the City and Historically Society desires to continue to work cooperatively to maintain the Historical Cabin Park for public benefit. NOW , THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute the attached Memorandum of Agreement with the Kenai Historical Society for the preservation and maintenance of the Kenai Historical Cabin Park. Section 2. That this resolution takes effect immediately upon passage . PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 20 day of May, 2020. BRIAN GABRIEL, SR., MAYOR ATTEST: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF KENAI AND THE KENAI HISTORICAL SOCIETY This Memorandum of Understanding (MOU) is made between the CITY OF KENAI (City) whose address is 210 Fidalgo Avenue, Kenai , Alaska 99611 and the KENAI HISTORICAL SOCIETY, INC. (Historical Society) whose address is P.O. Box 1348, Kenai Alaska, 99611. WHEREAS, the City and Historical Society have a history of working collaboratively to preserve and promote the history of the City of Kenai ; and WHEREAS, the City owns five historical cabins and their contents on Lot 3 , Block 17, Original Townsite of Kenai (the Historical Cabin Park); and WHEREAS, the Historical Society has managed and maintained the Historical Cabin Park for preservation, education, and tourism activities for a number of years; and WHEREAS , the City and Historically Society desire to continue to work cooperatively to maintain the Historical Cabin Park for public benefit. NOW THEREFORE, the City and Historical Society agree to the following terms and conditions: 1. Term . The term of this MOU shall begin on June 1, 2020, and end on May 30 , 2025, and may be extended upon mutual written agreement of the parties. 2. Responsibilities. A. The City and Historical Society agree to meet onsite of the Historical Cabin Park during the Spring of 2020 and inventory the contents of the five cabins, (the Arness, the Sanders, the Miller, the Dolchok and the Scandinavian) creating a list of the same. Each entity shall keep a copy of the inventory list. Thereafter, items removed or brought into the cabins will be noted and the inventory list will be updated; and B. The Historical Society will have the primary responsibility for maintaining, preserving and providing guided tours of the Historical Cabin Park ; and C . The Historical Society and City will work cooperatively to address any needed improvements, repairs or maintenance, and inform the other party of any work to be done on the Historical Cabin Park, other than routine maintenance or minor repairs , prior to the work being started; and D . The Historical Society will provide for utilities at the Historical Cabin Park as needed; and 2020 Kenai Historical Society, LLC MOU Page 1 of 4 E. The Historical Cabin Park will be reasonably open to the public, wi thout discrimination, subject to the laws and ordinances of the City of Kenai. 3. Use of Funds . Nothing in this MOU shall obligate either party to expend funds or to require the future payment of money in excess of appropriations authorized by law. Nothing shall obligate either party to require any reimbursement of any fund s as between the parties. 4. Indemnification/Hold Harmless. Each party agrees that it will be responsible for its own acts and omissions including those of its officers, agents, and employees and each party shall indemnify, defend, and hold harmless the other, to the maximum extent allowed by law, from any claim of or liability for error, omission, or negligent act of whatever kind, including attorney fees , for damages to property or injury or death to persons occasioned by each party's own acts or omissions in connection with this agreement. This agreement shall continue after termination of this MOU. 5. Conflict of Laws. Nothing in this MOU is intended to conflict with federal , state, or local laws or regulations. In the event of any conflict, this MOU will be amended at the first opportunity to obtain consistency with the conflicting laws or regulations. 6. Termination. Either party may terminate this MOU at any time upon not less than 30 days prior written notice provided to the other party. 7. Effective Date. This MOU shall be effective upon the signature of both parties. KENAI HISTORICAL SOCIETY, LLC CITY OF KENAI June Harris, President Paul Ostrander, City Manager Date: __________ _ Date: 2020 Kenai Historical Society, LLC MOU Page 2 of 4 ACKNOWLEDGMENTS STATE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this __ day of 2020, by --------------' President, Kenai Historical Society, an Alaska municipal corporation, for and on behalf of the corporation. Notary Public for State of Alaska My Commission Expires: _____ _ ST A TE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this __ day of 2020 , by Paul Ostrander, the City Manager of the City of Kenai, an Alaska municipal corporation, for and on behalf of the corporation. Notary Public for State of Alaska My Commission Expires: _____ _ ATTEST: Jamie Heinz, City Clerk SEAL: APPROVED AS TO FORM: 2020 Kenai Historical Society, LLC MOU Page 3 of 4 Scott Bloom, City Attorney 2020 Kenai Historical Society, LLC MOU Page 4 of 4 City of Kenai I 2 10 ~ida lgo Ave, Kenai , AK 9961 1-7794 1907.283.7535 I www.kena i.cit y MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Scott Bloom, City Attorney May 12, 2020 Resolution 2020-32 -Kenai Cabin Park MOU The City and Historical Society have worked collaboratively to preserve and promote the history of the City . The City owns five historical cabins and their contents in what is referred to as the Historical Cabin Park, while the Historical Society has maintained the cabins (with some City assistance) which are an attraction and available for guided tours, the City and Historical Society have never formally documented ownership or roles and responsibilities with regard to the cabins, and this Memorandum of Understanding is intended to so. Your consideration is appreciated.