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HomeMy WebLinkAboutRESOLUTION 1989-79Suggested by: Administration RESOLUTZONNO. 89-79 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECU?E A MORTGAGE AND A JOINT POWERS AGREEMEN? WITH THE KENAI BICEN?ENNIAL VISITORS AND CONVENTION BUREAU FOR THE CONSTRUCTION OF THE KENAI BICENTENNIAL VISITORS & CULTURAB CENTER. ' WHEREAS, the City o£ Kenai and the Kenai Bicentennial Visitors & Convention Bureau wish to provide a Bicentennial Visitors & Cultural Center for the City of Eenai, and WHEREAS,the these organizations are co-applicants for a grant £rom2"~ United States Economic Development Administration who has ~ requested that the partxes execute a joint powers agreement, apd ~' WHEREAS, the United States Economic Development Administration requires the City of Kenai to execute an Agreement and Mortgage on the proposed Kenai Visitors and Cultural Center in an amount equal to the amount of the grant received, and WHEREAS, the City of Kenai would be required to repay the mortgage amount if the City uses, transfers, or alienates the .~ property in violation of the Grant Agreement or in violation of the regulation set forth in 13 CFR Part 314. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF T~E CITY OF _KENAI, ALASKA,_.that the City. Manager. of the--City of Kenai is- hereby authorized to execute the Joint Powers Agreement as described in Attachment A. - The City Manager is also authorized to execute any subsequent amendments to this agreement to provide for adjustments to the project within the scope of services or tasks, based upon the needs sE the project. The City Manager is authorized to sign and execute a mortgage covering the property to be known as the Kenai B~centennial Visitors and Cultural Center in the amount of the grant received from the United States Economic Development AdminiStration. A draft of the mortgage is attached hereto as Attachment B. PASSED BY THE COUNCIL OF of December, 1989. ATTEST THE cITY OF KENAI, A~ASKA, this 6th day Clerk The parties to this Agreement are the CITY OF KENAI, a municipal corporation, and the KENAI BICENTENNIAL VISITORS AND CONVENTION. BUREAU, a non-profit corporation. This Agreement covers the ownership and operation o£ the proposed KENAI BICENTENNIAL VISITORS. AND CULTURAL CENTER. The .CITY OF KENAI- shall have the financial and management' responsibility £or the construction of the £acility. Once the £acility is constructed, the KENAI BICENTENNIAL VISITORS AND CONVENTION ;BUREAU shall maintain and manage the facil~tF. Ownership of the facility shall be vested ~n the CITY OF KENAI. Should the KENAI BICENTENNIAL VISITORS AND CONVENTION BUREAU be, unable to operate the facility for any reason, the CITY OF KENAi shall assume the management and maintenance of the £acility. The parties to this Agreement understand that they are bound by the application forms and grant documents executed and accepted on their behalf and the applicable statutes and regulations. The parties to this Agreement agree to submit the following material with original signatures: A front page of the ED-101A Application. Assurances, pages 12-14 of the ED-101A. Exhibit IV-E-5, Civil Rights Status Report. Form ED-612, "Current and Pro~ected Employee Data." Applicant's Certificate o£ Non-Relocation. Drug-Free Workplace Certificate. The CITY OF KENAI shall be solely responsible £or bidding, award; and management of the construction contracts regarding the pro~ect. The CITY OF KENAI shall be responsible for £iling the EDA project reports. The CITY OF KENAI is.solely authorized to receive_.and distribute grant funds~ The CITY OF KENAI shall be responsible £or ~iling EDA financial reports The CITY OF KENAI shall be the lead agency for applying and accepting EDA assistance. The CITY OF KENAI shall have authority to bind the KENAI BICENTENNIAL VISITORS AND CONVENTION BUREAU to: The requirements set forth in Public Works Application Forms, ED-101P and ED-101A, and all applicable exhibits to these forms. The Grant documents, which include: (1) the Grant Award~ (2) the ED-508 Budget accompanying the Grant Award; I - JOINT POWERS AGREEMENT (3) the Special Conditions and Standard ?arms and Conditions for Public #ork8 and DeveloPment Faailities accompanying the Grant Award; (4) The KDA' publication, ~equ~eme~s £0~ 'ApProved · Pro~e~es,.Sighth Edition, June, 1984, whiCh'is-.senC to grantees after EDA receives an executed original GrantAWard. The proviSionS of the United States statutes ~he. Uni~ed States Code and EDA regulations the 'uode Of'Federal RegulatiOns (CFR)'and any Fe~eFal. ~q,g.~bs_t~.'announcements applicable to EDA~ Public Works' pro,acts. DATED; Th~s ._. day of December, ~989, C~TY OF KENA~ KSNA~ B~CENT~'Iq~L V~S~TORS AND CONVENTION BUREAU Wm. J. Brighton City Manager Sue Carter Executive Director 2 - ~OINT PO~ERS AGREEMENT ~HEREAS, has applied to and has received on the ~.day of ...... 19 :, £rom the UNITED STATES DEPARTMENT OF COMMERCE, .DEVELOPMENT. ADMINISTRATION (EDA), a grant in the the CITY OF KENAI (hereinafter called "MORTGAGOR") ($ ), to be used for the purpose of a KENAI BICENTENNIAL VISITORS AND CONVENTION BUREAU on the real property described in Exhibit "A" attached hereto and made a part hereof (the Property)~ and, WHEREAS, the aforesaid grant from EDA, bearing Number , provides the purposes Amount may be used and provides, iBC,er alia0 not sell, lease, mortgage, or otherwise use or alienate any right to, or interest in the Property, or use the Property for ·purposes other than and different from those purposes set forth in the Grant Agreement and .the. application alienation being prohibited by Management and Budget Circulars OMB Circular)~ and, ECONOMIC amount o£ ..... DOLLARS fDA Grant for which the Grant that MORTGAGOR will made by. MORTGAGOR therefor,, such ........ 13 CFR Part 314, or-by Office of the grant under A-102 or A-110, Attachment N (the WHEREAS, fDA is not authorized to permit MORTGAGOR to transfer pro~ect to any party which is not eligible to receive an fDA the authority of the Public Works and Economic PAGE' I - AGREEMENT AND MORTGAGE Development Aot of 1968, ED& is repaid its and, as amended, 42 U.S.C. §3121 (1971), unless share of the fair market value of the pro~ect~ · WHEREAS, the value of EDA's right to repayment under the terms of the Circulars A-102 and A-110 Attachment N is di£ficult to establ sh ana, WHEREAS, at this time, MORTGAGOR and EPA desire to establish a value £or EDA's share o£ the project in the event that the property is trans£erred. NOW THEREFORE, MORTGAGOR does hereby grant and convey unto EPA, it successors and assigns, a mortgage being granted to secure a debt in the Grant Amount that shall become due and payable by MORTGAGOR to EPA upon the use, trans£er or alienation of the Property in violation of the Grant Agreement or in violation of the regulation set forth in 13 CFR Part 314, or applicable OMB Circulars, as such Grant Agreement, regulation or Circulars may be amended from time to time provided, however, that the lien and ...... encumbrance o£ this. Agreement and Mortgage shall terminate and-be.. of no further-£orce and effect ...... years from the date hereof,' The amount of the lien and encumbrance created by this Agreement shall be in the Gant Amount, or an amount determined pursuant to 13 CFR Part 314. MORTGAGOR does hereby acknowledge a debt in the Grant Amount that shall accrue and be due and payable upon any use, transfer, or alienation prohibited by the Grant Agreement, PAGE 2 - AGREEMENT AND MORTGAGE appl£cable OMB agree that such debt shall be extinguished Circulars, or 13 CFR Part 314, and does, moreover, only through the full payment thereo£ MORTGAGOR District where estate an the Property. Secretary of Commerce Assistant Secretary for successors either in the United States. tO shall record this Agreement thereby securing to the Property is located, Agreement may be enforced United States cE and Mortgage in the EDA an This by the of the America, the his/her designees, Economic Development, and assigns, by and through a foreclosure action brought a United States District Court, or an any State Court having jurisdiction, but such action shall not be deemed to be a waiver of the aforesaid debt or of any possible additional action to recover repayment thereof. _, 19___. day of . WITNESS our hands this ____ --. further or CITY OF KENAI BY: Wm. J. Brighton City Manager ACKNOWLEDGEMENT BY: Janet Ruotsala, City Clerk Witness PAGE 3'- AGREEMENT AND MORTGAGE STATE OF A/~ASKA ) ) ss. THIRD JUDICIAL DISTRICT ) Before me', a Notary. Public for-the state of Alaska, .appeared William ~. Brighton, known to me to be the City Manager o£ the City 'of. Kenai (Mortgagor), a. municipal corporation, who by.me-being £irs~' dUlF- sworn, acknowledged that he signed' the £°regoing instrument before me on the day of ...~ ..... , 19 ___,. as the'act, and-deed o£ such corporation-. Notary Public i and for Alas My COmmiSsion gxp-4res: · PAGE 4 - AGREEMENT AND MORTGAGE.