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Sponsored by: Oates <br />CITY OF SEWARD, ALASKA <br />RESOLUTION 2009-049 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, <br />ALASKA, AUTHORIZING THE CITY MANAGER TO AMEND AND <br />EXTEND THE MAINTENANCE AND OPERATING AGREEMENT WITH <br />SEWARD SHIP'S DRYDOCK, INC. THROUGH SEPTEMBER 30, 2010 <br />WHEREAS, the current Maintenance and Operating Agreement ("Agreement") between <br />Seward Ship's Drydock and the City of Seward for the Shiplift Facility is set to expire June 3Q <br />2009; and <br />WHEREAS, due to the economic value ofthis industry to the community of Seward and the <br />necessary service this business provides to the marine industry, the City wishes to keep the facility <br />open; and <br />WII F.REAS, the City of Seward considers Seward Ship's Drydock, Inc. to be in default of <br />the Agreement; and <br />WH ERF.AS, the City agrees to allow additional time for Seward Ship's Drydock to applythe <br />i protective coating ofthe pipe piling and the cofferdam cells in the splash zone as outlined in Exhibit <br />A of the Agreement describing deferred maintenance obligations; and <br />WHEREAS, Seward Ship's Drydock requested a change in the company required to conduct <br />annual inspections of the Synero]ift; and <br />WHEREAS, in consideration for the amendments, Seward Ship's Drydock will provide the <br />city with its recommended procedure which complies with NACE standards for correcting the splash <br />zone maintenance problem. The City will review the recommended procedures and if accepted by <br />the city, Seward Ship's Drydock will complete the corrected maintenance by September 30, 20}0; <br />and <br />WHEREAS, upon completion of the coating the City may consider the cost of the coating as <br />a capital improvement; and <br />WHEREAS, a thorough review of the Maintenance & Operating Agreement shall be <br />completed during the next 15 months to evaluate the compliance of Seward Ship's Drydock with the <br />terms outlined in the Agreement. <br />NOW, THEREFORE, BF, IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF SEWARD, ALASKA, that: <br />