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Home My WebLink AboutRESOLUTION 1991-44Suggested by: Ad~inistration C~X'L~ OF EB~I~X ItBBOLU'~XOM ~1-44 'RESOLUTION APPROVING -o=~_~'~.- ..... :- = ='~'~'~'~ v~' A~A~KA AND THE CITY OF ~A~ FOR' ~~s. ~e S~a~e of Alaska has offered the Ci~ of ~ena~ a gran~ using mone~ f~om the ~ationa~ Park SerVices Land and ~a~er Conse~a~on ~d Ac~ of ~965~ and ~~S, the Stat~ re~ire~ that the KenaL CitZ Council accep~ the ~nt d~ng a duly authorized session of ~ts general leg~slative ~ody, and WHEREAS, the estimated total cost of the project is $176,000 vith ~ the City of Kenai providing S0% or $88,000, and '"~ WHEREAS, a copy of the agreenent is attached to this Resolution. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai enter into an agreement wi State of Alaska for _ th. the , ...... . .... p.r. oJec.t no. 02 00347, Kenai River Nouth View~n ~, ana au~norlze ~e C~ty Manager to sign the agreement, g PASSED BY THE COUNCIL OF THE CXTY OF KENAI, ALASKA this 3rd day of July, 1991. ATTEST= · .D~ane E..Craig,"-Dep~tY .c~ty cXerk Approved 'by Finance~ .~~~ Written by Public Works~ ~ /ky 6/27/91 10-569 1/20/82 AGREEMENT THIS AGREEMENT, ma. de.arid entered Into this. ' day of . ,1,9_ __~___, ..b~.~n_d.~etween the .ST.ATE' OF, ALAS_gA y~nd through u~e s~ate-' ~'~'~.°~e~l~c~f~e~O~u~p,o,~s,e~s.~. ~tt~:e~ L,ana..an.d Water Conservation Fund .Act of ~ o ttt a ~"*"~ ..,,.~.u , ann ~ 'bhe C1'~ of~ Eena./ ' ' a --~. WITNESSETH: WHEREAS, Recipient proposes to undertake the follOWing outd. oor rec- reation project during the period from o~/2;2/9~.._ until Kenat River ~outh V/erin8 Area (pro~ect #0~-003~?) "Exhibit A" * _ WHEREAS, federal matching, funds for acquisition end develo melt of o_utd.oor_ .recreation areas are evadable under the Land and WAr~. ,ru~a. A.c.t..of 1_965, Public Law 88-578 ~78 Stat. o~-;~ A-A"~,~--:*_ qy u~e mauonal Park Service, U.S. DeparUnent of the Interior; and WHEREAS, it Is the intent of the parties hereto ~at the Reci lent er- ,f_or~__~e.developm. en~. work set out in Exhibit A and any m_ accoreance Mth U~e Land and War-- ,~-- ..... --- --:-~ --- ~,v,~o~l-vclu~fl runct ACt O! 1955, other applicable federal and state statutes, and the requirements of'the National Park Service, and that State apply to the National Parl~ Service for funds with which to r. eknburse Recipient for not more than 5096 of its cost in performing such work, . NOW, THEREFORE, the premises_being in lgeneraI as stated in the fore, going recitals, it is agreed by and between the Pa~tles hereto as follows: 1. Recipient shaU perform the work of the project la accordanc, e~...~/~~ Exhibit A and amendments thereto. " 2. 'Th.e estimated total cost of the projeCt is $ :L?6,ooO.o0 . The non-federal share of the total cost is $ 88;oo'.0.oo... ,-o! 'which $ -o- . will be provided by the State of "Alaska, Division of Parks. _R~, in .the first instance, pay all costs of the project. Upon completion of the project, Recipient shall submit to State an itemized statement o! the actual total cost of the Project. .3. Upon receipt from Recipient of the itemized statement.of the actual total cost of the project and completion of the project by Recipmnt in accor' dance with the terms of this agreement, State shall apply to the National. Park Se.rvi.ce f?r. one-'ha!f _the estimated total cost of the project or one-half the actual total cost of the project, whichever is the lesser, and, upon receipt thereof from the National_ Panic Service_, shall pal/' such amount less. a s~um not to exceed /0.% of the ,~,~1 .._,__, .... , ~ .Re.c!pie.nt, -------. .-~,,.,- pxujec~ cost lot acumnlsttative c?sc.s. It .is underst.ood.by ~Par_ties hereto that where the actual total cost o! me project exceecls the estimated total cost ~f the project, State shall not be obligated to apply to the National Park Service for, or to pay to Recipi- ent, any amount in excess of .one-half such estimated total cost, and that Recipient shall be solely responsible for any excess of the ac over the estimated total cost. S tual total .cost tat, ma , where acceptable to the Nat/,hal Park Service apply for federal funds p~or to corn let/on of pay such amount from federal P the roJect and -~ - ... . . funds .to Recipient for compleUan o~such uons ot me project as may De agreed upon by Recipient, State and Nat/onal Park Service. 4. The Recipient warrants that it has sufficient financial resources to enable_ it to develop, operate and maintain the facility for public recreation, that the Recipient will manage and operate the facili for us and will do so exclusive ty e by the public Re ly for park and recreational ur .sas. __ clpi. ent will .not sell, assi n- or __P_ , and..that the cta. nszer any Interest tn theg ' in any other _,__an_nar w'~tsoever map,se or prior written consent of the f~ta~tetT~.t--c-'°-n-tt-°l- o..v_er.- the f?i.lity__e.x.cept, after Se -,,v~a,un ox ~-arr, s ann tar National Park rvtce. For purposes of this section "fac ,, personal property acauired dire ,t,, ^., ,..,~,___.,.'.i_ll~'._sh.a.ll. mean allrem and. · -. ~ . c,,~ v, u~reuM¥ unaer tms agreement. 5. Unless pr. eviously indicated_ In paragraph 2 of this agreement, it is understood by .the .parties hereto_ that no fund.s of State ate, under this agreement, comm/tted, to payment of _any costs of the pro ect an . Uons imposed u on the Sta J , d that obit a · P te to apply for federal fuhds as wel g o.f the Recipient to receive any ,.-~-~,.-~ .... . , ..... l_as_ the right ~ 6ua&Lt~&aedlltlfli; XO~ all COSr. S 0 sna.ll extend only to those nortions ~ ,~ ..--,--- ,[Y..-. !~ the project COSt ~- -.- ...~ IJ,'ujuu~;, mCIUClII1 ute es s thereof, ap ro~ed b the g Umated lent ' P y National Park Service. Furthe p falls to perform an of the rmore, if Recl- ,,u,e of d .uch f_aflure, be- - ,~ ,v ~,m tvat.tullal t'arlc ~ervIce . to p.er.f, orm ~any work necessar~ to br,- ,,~-.-~.'--* - ..... , !?ce.s State. ~ -..~ ~.,~ ~L u~ a usezui stage compmuon (as determined by State end the Nationa~ Park Service), Recipient · - , ~ a~y ~uuu~m ~unas recelvea Dy' l~tata zor such work. 6. Recipient hereby agrees at all times to comply with the LA WATER CONSERVATION FUND PROT~-'~ a~_o~v,,~,,~, ,~ - . _ ND AND- h ret., marked Exhibit B' and by this refer, ence. made a par~ne~io visions (attached hereto) applies, unhs~ the Recipient is overned ~pp~caole ,1acting pro. cedure, s shall be followed. .-~,, ~.=o= u~e ~eczptent,s 8. The provisions of the main body of this agreement and Exhibit B shall prevail, in case of conflict, over the provisions of Exhibit A. 9. Recipient shall execute this agreement session of its genera, l legislative body. during a duly authorized · DATED this day of Alaska. ---- - _, 19. _, at .. II III I , ,,, , ,, ,,,