COOPERATIVE AGREEMENT BETWEEN KENAI PENINSULA BOROUGH,
KENAI PENINSULA ARCTIC WINTER GAMES 2006 HOST SOCIETY,
AND THE CITY OF HOMER
THIS AGREEMENT is entered by and between the Kenai Peninsula Borough, an Alaskan municipal corporation, 144 N. Binkley Street, Soldotna, AK 99669 ("Borough"), Kenai Peninsula Arctic Winter Games 2006 Host Society, P.O. Box 1659, Soldotna, AK 99669 ("Host Society"), and the City of Homer, an Alaskan municipal corporation, 491 E. Pioneer Avenue, Homer, AK 99603 ("Homer").
WHEREAS, the Borough submitted a bid to the Arctic Winter Games International Committee ("International Committee") to host the 2006 Arctic Winter Games; and
WHEREAS, the International Committee awarded the bid to host the 2006 Arctic Winter Games ("Games") to the Borough and entered into an agreement with the Borough that was executed April 16, 2003; and
WHEREAS, as a part of the bid to host the 2006 Arctic Winter Games, the Borough was required to and did form the Host Society to prepare and fundraise for, manage, and stage the Games in 2006; and
WHEREAS, representatives from Homer assisted in the planning and preparation of the bid document submitted to the International Committee, and the bid document proposed that several sporting and cultural events would be conducted within the city limits of Homer; and
WHEREAS, the parties agree that at least one member of the board of directors of the Host Society shall include the mayor or designee from Homer; and
WHEREAS, the Borough is exercising nonareawide economic development powers and its land management powers to form the Host Society and conduct the Arctic Winter Games; and
WHEREAS, Homer is a first class city with all powers not prohibited by law and has the authority to sponsor sporting events, provide for economic development, and authorize the use of municipal property; and
WHEREAS, Homer owns facilities that the parties intend to use in support of the effort to prepare for, manage, and conduct the 2006 Arctic Winter Games; and
WHEREAS, pursuant to AS 29.35.010(13), all municipalities may enter into an agreement for cooperative administration of any function or power with another municipality;
NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
1. Cooperative Administration. The Borough and Homer hereby agree to cooperatively administer the exercise of economic development powers, recreation powers held by Homer, and land use powers held by both parties, to provide for the preparation and staging of the 2006 Arctic Winter Games, subject to the terms and conditions of this agreement, other agreements that are incorporated hereto by reference, and any agreements that may be entered into between the parties in the future concerning fostering or staging the 2006 Arctic Winter Games.
2. Board of Directors Members. The parties agree that at least one member of the Host Society board of directors and an alternate for that board member shall be the mayor or designee of Homer.
3. Homer Recreational Facilities. Homer agrees to negotiate in good faith with the Host Society for the use of Homer facilities, if any, that may be useful and available for the 2006 Arctic Winter Games.
4. Authority to Override Host Society Actions. The parties agree that the Borough has the authority to override the actions of the Host Society as provided in paragraph 2 of the contract between the Borough and the Host Society dated the 19th day of September 2003 and as provided in paragraph 36 of the contract between the Borough and the International Committee. It is further agreed that, pursuant to the agreement between the Borough and the International Committee, Homer shall have the authority to make formal recommendations to the Borough to override actions of the Host Society in the best interests of the 2006 Arctic Winter Games, and that the Borough shall consider such recommendations when making any such decision to control the activities of the Host Society.
5. Security. Homer agrees to negotiate with the Host Society to provide reasonable police protection and security within the City of Homer to the extent needed during the 2006 Games.
6. No Other Competitive Sporting Events. Homer agrees that it will not authorize the use of any of its property for competitive sporting events to be held at the same time as are the 2006 Arctic Winter Games as prohibited in paragraph 13 of the agreement between the Borough and International Committee.
7. Opening and Closing Ceremonies. Homer agrees that its mayor or designee will attend the opening and closing ceremonies for the 2006 Arctic Winter Games as required by the contract between the Borough and the International Committee executed April 16, 2003.
8. Compliance with Borough - International Committee Contract. The parties acknowledge and recognize that the agreement between the Borough and the International Committee contains numerous specific provisions regarding preparation for, staging, and reporting requirements regarding the 2006 Arctic Winter Games. It is agreed that the parties to this agreement shall comply with the terms and conditions of such agreement to the extent they may apply to each such party and, subject to the appropriation and availability of funds and approval of governing bodies where applicable, shall not contribute to a breach of that contract.
9. Future Agreements. It is recognized that additional agreements may be entered in the future between Homer, the Host Society, and/or the Borough in order to effectuate the intents and purposes of the contract between the Borough and the International Committee to successfully manage and stage the 2006 Arctic Winter Games. The parties agree to cooperate in good faith with each other for the successful staging of such games.
10. Logo. It is agreed and understood that the 2006 Arctic Winter Games logo and name are the property of the International Committee and shall only be used in the manner authorized by the agreement between the Borough and the International Committee executed on April 16, 2003.
11. Termination. In the event that any party materially breaches the terms or conditions of this contract, it is agreed that any nonbreaching party may provide 30 days' notice of the breach to the breaching party and an opportunity to cure. In the event that a breaching party fails to cure the breach within the time provided, then any nonbreaching parties will be entitled to any and all remedies available at law and equity.
12. Venue. Venue for any dispute relating to this agreement shall be in the superior court for the State of Alaska at Kenai. This agreement shall be construed according to the laws of the State of Alaska.
13. Severability. Should any clause of this agreement be deemed unenforceable by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect, and the unenforceable clause shall be revised to the extent possible to effect the intent of the parties in entering this agreement.
14. Integration: This agreement, and the agreements attached hereto and/or incorporated by reference, form the agreement between the parties. No verbal statement shall be construed to modify this agreement. Any future amendments to this agreement shall be in writing signed by all parties.
KENAI PENINSULA ARCTIC WINTER GAMES 2006 HOST SOCIETY
Loren L. Smith, General Manager
KENAI PENINSULA BOROUGH
Dale Bagley, Mayor
CITY OF HOMER
Walt Wrede, City Manager for the City of Homer
ACKNOWLEDGEMENTS
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ____ day of 2004, by Loren Smith, General Manager of the Kenai Peninsula Arctic Winter Games 2006 Host Society, an Alaskan corporation, for and on behalf of the corporation.
_________________________________
Notary Public for State of Alaska
My Commission Expires: __________
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ____ day of 2004, by Dale Bagley, Mayor of the Kenai Peninsula Borough, an Alaska municipal corporation, for and on behalf of the corporation.
_________________________________
Notary Public for State of Alaska
My Commission Expires: __________
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ____ day of 2004, by Walt Wrede, City Manager for the City of Homer, an Alaskan municipal corporation, for and on behalf of the corporation.
_________________________________
Notary Public for State of Alaska
My Commission Expires: __________