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CITY OF SEWARD, ALASKA
RESOLUTION 2000-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING THE AMENDMENT OF A
GROUND LEASE BETWEEN THE CITY OF SEWARD, ALASKA,
AND SEWARD SHIP'S DRYDOCK, INC.
WHEREAS, effective as of April 25, 1995, the City of Seward ("City") entered into
a lease agreement (the "Lease") with Seward Ship's Drydock, Inc. ("Lessee"), for the real
property described as Lot 1, Block 7, Seward Marine Industrial Center; and
WHEREAS, at the time the Lease was entered into, the parties additionally entered
into a Maintenance and Operating Agreement (the "Agreement") for the City's Shiplift
Facility (as defined in the Agreement); and
WHEREAS, the Agreement required Lessee to perform certain deferred maintenance
and replacement of cables for which the Lessee would receive a rent credit under the Lease;
and
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WHEREAS, under the Lease the rent credits were to end April 25, 2000, following
the termination of the Agreement; and
WHEREAS, the City is simultaneously entering into a new Maintenance and
Operating Agreement for the Ship lift Facility with the Lessee for a new term ofless than five
years, and the parties desire to continue rent credits under the Lease for deferred maintenance
and cable replacement; and
WHEREAS, the City Council finds that it is in the public interest to amend the Lease
and provide for the continuation of rent credits for deferred maintenance and cable
replacement of the Shiplift Facility;
NOW, THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
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Section 1. Lease Amendment No.2, relating to that certain Lease between the City
and Lessee dated April 25, 1995, is hereby approved in substantial form as set forth in
Exhibit A attached hereto and hereby incorporated by reference. This approval and the
effectiveness of Lease Amendment No.2 is subject to the City and Lessee entering into a
new Maintenance and Operating Agreement for the Shiplift Facility.
CITY OF SEWARD, ALASKA
RESOLUTION 2000-010
Section 2. For the reasons set forth in the recitals hereof, which are hereby
incorporated by reference, and for the reasons set forth below, the City Council finds that it
is in the public interest to amend the Lease and provide continued rent credits for the
deferred maintenance and replacement of cables to the Shiplift Facility under the terms of
a new Maintenance and Operating Agreement between the City and Lessee that is to be
entered into on or about the same date as Lease Amendment No.2. City finds that it is in
the public interest to promote the economic stability and growth in the community by
making available a shiplift facility for public use and to reduce the costs incurred by the City
for the maintenance and operation of the Shiplift Facility.
Section 3. The City Manager is authorized to sign Lease Amendment No. 2 in
substantial form as attached hereto, to record a lease memorandum to reflect such
amendment, and to make such changes to the attached Lease Amendment No.2 as necessary
to finalize the lease amendment but without substantively changing the terms as described
in the attached Lease Amendment No.2.
Section 4. This resolution shall take effect thirty (30) days after passage and posting
as required by the City Code.
PASSED AND APPROVED by the City Council ofthe City of Seward, Alaska, this 28th
day of February, 2000.
THE CITY OF SEWARD, ALASKA
G-, I ~~' ~ ~
Edgar Blatchford, Mayor
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CITY OF SEWARD, ALASKA
RESOLUTION 2000-010
AYES:
NOES:
ABSENT:
ABSTAIN:
Blatchford, Brossow, King, Shafer
Calhoon
Clark,Orr
None
ATTEST:
Patrick Reilly
City Clerk
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