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HomeMy WebLinkAboutRes1990-022 . . . Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 90-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING SEWARD MARINE INDUSTRIAL CENTER SHIPLIFT SYSTEM TARIFF NO.1, NAMING RATES, CHARGES, RULES AND REGULATIONS FOR THE CITY OF SEWARD WHEREAS, it is appropriate to enact rules and regulations to control the increased commercial activity at the Seward Marine Industrial Center facilities, including shiplift rails as leased upland ship repair facilities, owned and operated by the City of Seward; and WHEREAS, S7.10.510 and S7.10.515 of the Seward City Code provide for the setting of charges and fees for the use of harbor facilities and services by council resolution; and WHEREAS, publication of a general tariff is required by the Federal Maritime Commission (FMC); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. City of Seward, Seward Marine Industrial Center Shiplift System Tariff No.1, as attached and incorporated herein, is hereby adopted by the City of Seward. section 2. The Tariff adopted hereby shall be posted and published pursuant to the provisions of S2 .15. 035D. and shall become effective ten days following council approval, pursuant to S2.15.050 (C)(2). PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 27th day of March, 1990. THE CITY OF SEWARD, ALASKA ~ ,~\ l W1 l~am C. No 1, Mayor -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 90-022 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Burgess, Hilton, Meehan, Noll, Sieminski, Simutis None Dunham None APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska ~~~ ~.~ Patricia J. Jones Acting City Clerk (City Seal) 7,....,), flI~ Fred B. Arvidson City Attorney -2- Original Title Page . CITY OF SEWARD SEWARD MARINE INDUSTRIAL CENTER SHIPLIFT SYSTEM TARIFF NO. 1 Naming Rates, Charges, Rules and Regulations for City of Seward . Seward Marine Industrial Center Shiplift System Located at Seward, Alaska Issued By City of Seward P. O. Box 167 Seward, Alaska 99664 . . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 1 CHECK SHEET FOR TARIFF REVISIONS Changes in this tariff will be supplied from time to time in loose leaf form. Upon receipt of revised or additional pages correction numbers appearing at the bottom left margin of each such page should be checked off against correction number listed below. If all corrections are correctly checked on receipt, checks should be consecutive with no omissions. Should interruption in sequence be noted, request for missing corrections may be directed to the city clerk. Correction Page Correction Page Correction Page Correction Page Number No. Number No. Number No. Number No. 1 16 31 46 2 17 32 47 3 18 33 48 4 19 34 49 5 20 35 50 6 21 36 51 7 22 37 52 8 23 38 53 9 24 39 54 10 25 40 55 11 26 41 56 12 27 42 57 13 27 43 58 14 29 44 59 15 30 45 60 ISSUED: EFFECTIVE: . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 TABLE OF CONTENTS Check Sheet for Tariff Revisions Table of Contents Explanation of Abbreviations Which Appear in Tariff . . . . . . . . . . . SECTION I - GENERAL RULES AND REGULATIONS Notice to Public Definitions - General Application of Tariff Application of Rates Insurance . . . . . . Responsibility for Charges, Collection and Guarantee of Charge . . . . . . . Liability for Loss or Damage and Indemnity. Rights of City of Seward . . . . Shippers Requests and Complaints Delays - No Waiver of Charges . . . Manifests Required of Vessels . . . Berthing. . . . . . . . . . . . . . Safety, Sanitation and Housekeeping Responsibility for Property Damage SECTION II - DEFINITIONS AND CHARGES Lift Fee . . . . Lay Charges . . . . Labor and Service Charges Original Page 2 Subsection Paqe N/A N/A 1 2 N/A 3 4 100 5 105 7 110 9 115 10 120 11 125 13 130 16 135 20 140 21 145 22 150 23 155 24 160 26 200 210 220 27 31 32 SECTION III - CONDITIONS OF DOCKING AND FACILITY USE Vessel Lift Application . Supplement to Vessel Lift Conditions of Lifting . . Application ISSUED: 300 305 310 34 35 37 EFFECTIVE: . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 B.M. Bbl. Bdl. Cs. C.L. CU.Ft. Dkg. Ea. F.F. F.M.C. Gals. Hdlg. Inc. K.D. K.D.F. L.C.L. Ldg. Lgth. M.B.M. Meas. ISSUED: Original Page 3 EXPLANATION OF ABBREVIATIONS AND CHARACTERS WHICH MAY APPEAR IN TARIFF Board Measure Barrel Bundle Case; ctn-carton; crt-crate Carload Cubic Foot or Feet Dockage Each Folded Flat Federal Maritime Commission Gallons Handling Including, Inclusive or Incorporated Knocked Down Knocked Down Flat Less Than Carload Loading Length 1,000 Ft. Board Measure Measurement Min. Misc. M.T. No. N.O.S. Par. Pkg. S.U. Sq.Ft. Stg. Term' 1 . Unldg. U.S. W.T. W/M W.R. Yd. Minimum Miscellaneous Cubic Ton of 40 cu. ft. Number Not otherwise specified herein Paragraph Package Set-Up Square Foot or Feet Storage Terminal Unloading United States of America Weight ton of 2,000 pounds Weight ton of 2,000 pounds or cubic ton of 40 cu. ft. Warehouse Receipt Yard EFFECTIVE: . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 4 SECTION I GENERAL RULES AND REGULATIONS NOTICE TO PUBLIC This tariff is published and filed as required by law and is, therefore, notice to the public, shippers, consignees and carriers, that the rates, rules and charges apply to all traffic for which contract rates have not been arranged In addition to this Tariff, the public, shippers, consignees and carriers using City of Seward facilities should consult and be aware of the City of Seward General Terminal Tariff No.1, and that the City of Seward Code of Ordinances, including, but not limited to, Chapter 9.15 (Fire Prevention and the Uniform Fire Code), Title 14 (Utilities including Garbage, Refuse, Water, Electricity and Sewage) and Chapter 7.10 (Ports and Harbors) all as amended apply and govern where not specifically provided otherwise in this tariff. Also, the city has adopted, and reserves the right to adopt other specific tariffs governing particular marine- related facilities operated by the City of Seward. ISSUED: EFFECTIVE: . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 5 DEFINITIONS - GENERAL (a) Definitions of Federal Maritime Commission May Control: Unless provided in this tariff, applicable definitions set forth in 46 C.F.R. ~ 515.6 shall control. (b) CITY DOCKS: The city docks of the City of Seward include all docks, wharves, ramps, piers, bulkheads, and sea walls owned or operated by the City of Seward. (c) SHIPLIFT SYSTEM: The syncrolift shiplift located at the Seward Marine Industrial Center and the adjacent rail side transfer system. (d) PERMIT HOLDER: A person or business who has a valid shiplift system permit issued by the City of Seward in the form set forth in Section III of this Tariff. (d) TERMINAL FACILITIES: Terminal Facilities include all city docks and associated equipment, offices, warehouses, storage space, roads, paved areas, water banks and shorelines under the management and control of the City of Seward. (e) POINT OF REST: Point of Rest is defined as that area on the terminal facility which is assigned for the receipt of inbound cargo from the vessel and from which inbound cargo may be delivered to the consignee and that area which is assigned for the receipt of outbound cargo from shippers for vessel loading. ISSUED: EFFECTIVE: Subsection 100 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 6 DEFINITIONS - GENERAL (CONTINUED) (f) HOLIDAYS: Whenever in this tariff reference is made to holidays the following days are included: New Year's Day, Washington's Birthday, Seward's Day, Memorial Day, Independence Day, Labor Day, Alaska Day, Veterans' Day, Thanksgiving Day and the day immediately following Thanksgiving Day, one-half of the working day immediately preceding Christmas Day and Christmas Day. When a holiday falls on a Saturday, the preceding Friday shall be considered a holiday and when a holiday falls on a Sunday, the following Monday will be considered a holiday for the purpose of this tariff. (g) "VESSEL" DEFINED: Whenever in this tariff reference is made to a "vessel" the term shall mean any ship or barge, self-propelled or other than self-propelled. ISSUED: EFFECTIVE: Subsection 100 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 7 APPLICATION OF TARIFF (a) GENERAL APPLICATION OF TARIFF: Rates, charges, rules and regulations provided in this tariff will apply only to persons and vessels using the shiplift system under the jurisdictional control of the City of Seward. The rates, charges, rules and regulations herein do not apply to the Seward Small Boat Harbor, the harbor bounded by the rubble break- water at the northwestern head of Resurrection Bay (Small Boat Harbor) and the terminal facilities covered by the City of Seward General Terminal Tariff No. l. Special terms and conditions exist for the Fourth Avenue Dock operations by the State of Alaska, Alaska Marine Highway System for operations of the State Ferry System. (b) TARIFF EFFECTIVE: Rates, charges, rules and regulations named in this tariff and any additions, revisions, or supplements thereto shall apply to all vessels or users of facilities subject to this tariff on and after revisions, or supplements thereto. ISSUED: EFFECTIVE: Subsection 105 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 8 APPLICATION OF TARIFF (CONTINUED) (c) ACCEPTANCE OF TARIFF: Use of the city shiplift system shall be deemed an acceptance of this tariff and the terms and conditions named therein. (d) RESERVATION OF AGREEMENT RIGHTS: Right is reserved by the City of Seward to enter into agreement with carriers, shippers, consignees and/or their agents concerning rates and services, providing such agreements are consistent with existing local, state and federal law governing the civil and business rela- tions of all parties concerned. (e) COMPLIANCE WITH CONDITIONS OF DOCKING AND FACILITY USE Use of the shiplift system shall comply with any additional Conditions of Docking and Facility Use set forth in Section III contained herein. Only those operators who have a valid shiplift system use permit shall have access to the shiplift system. ISSUED: EFFECTIVE: Subsection 105 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 APPLICATION OF RATES Original Page 9 (a) Except as otherwise provided herein, rates apply per foot of vessels measured by ISSUED: EFFECTIVE: Subsection 110 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 10 INSURANCE (a) Rates named in this tariff do not include insurance of any kind. The City of Seward shall be under no obligation to provide any insurance of any type for any vessel, cargo, or liability arising out of use of the shiplift system. If the City does acquire any such insurance, the charges for that insurance shall be in addition to the fees described in this tariff. ISSUED: EFFECTIVE: Subsection 115 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 11 RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE (a) RESPONSIBILITY FOR CHARGES: The permit holder and any vessel, its owner or agents shall be jointly and severally responsible for payment of charges named herein and such payment responsibility applies without regard to the provisions of bills of lading, charter party agreements, vessel repair or construction contracts or other conflicting provisions. (b) PREPAYMENT, TIME OF PREPAYMENT, ACCEPTABLE SECURITY, REFUND OF EXCESS: All charges for services rendered by the City of Seward for the use of the shiplift system are due and payable in cash in advance of such services or use for all charges attributable to the vessel from the permit holder before a vessel enters the shiplift system. A cash deposit or acceptable security in an amount equal to 125% of the estimated applicable charges shall be required to be posted with the City of Seward, six days prior to the vessel's scheduled arrival, or at such other time as may be authorized or directed by the harbormaster, but in all cases in advance of actual services rendered. Wherever a cash deposit has been posted, any excess thereof, after satisfaction of all applicable terminal charges, it shall be promptly refunded by the City of Seward to the posting party. ISSUED: EFFECTIVE: Subsection 120 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 12 Subsection RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE (CONTINUED) (c) WAIVER OF PREPAYMENT REQUIREMENT The harbormaster, in his sole discretion, may waive the cash-in-advance requirement as to all or any category or categories of anticipated charges when the party respon- sible for such charges has been identified to the satisfaction of the harbormaster and: 1. The permit holder has established credit worthiness acceptable to the harbormaster; or 2. Adequate security, acceptable to the harbormaster, in an amount equal to 125% of the applicable estimated port charges, has been posted; or 3. The agent requesting terminal services or use or any another entity acceptable to the harbormaster as credit worthy, has personally accepted financial responsibility for the applicable charges. The harbormaster retains the right in its sole discretion to determine whether a responsible party or an agent is credit worthy. (d) CHARGES ON DELINQUENT ACCOUNTS: All invoices, except for damages to City of Seward property, will be declared delinquent sixty days after the date of the invoice and will be charged interest at the rate of 10.5% per annum. All extra expense, including legal expense, litigation cost, or costs of agents employed to effect collection shall also be assessed to, and payable by, such accounts. ISSUED: EFFECTIVE: . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 13 Subsection LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY 125 (a) RESPONSIBILITY LIMITED: No persons other than employees of the holders of author- ized shiplift system permits shall be permitted to perform any services on the shiplift system. Permit holders shall be required to obtain any necessary terminal use permits prior to performing any services on any other terminal facility of the City of Seward, except upon written authorization of the harbormaster. The City of Seward, its employees and agents, shall not be liable for the injury of persons on the shiplift system, city docks, or terminal facilities, nor shall they be liable for any loss, damage or theft occasioned by such persons' presence on the shiplift system, city docks, or terminal facilities, except that the City of Seward shall be liable for any portion of loss or damage that is directly caused by its own negligence. The City of Seward, its employees and agents, are not responsible for loss or damage caused by fire, frost, heat, dampness, leakage, weather damage, evaporation, natural shrinkage, wastage, or decay, animals, rats, mice or other rodents, moths, weevil or other insects, leakage or discharge from fire protection systems, collapse of buildings or structures (including the shiplift platform), breakdown of plant protection systems, breakdown of plant or machinery or equipment (including any portions of the shiplift system), or by floats or logs, piling or camel logs required in breasting vessels away from any wharf; nor will they be answerable for any loss or damage or delay arising from insurrection, shortage of labor, combin- ations, riots or strikes of any persons in their employ or in the service of others, or from any consequences arising therefrom, except the City of Seward shall be liable for any portion of loss or damage that is directly caused by its own negligence. The City's inspection, if any, of vessels and placement on cradle systems is done solely for the purpose of protecting the City's interest and investment in the shiplift system and should not be construed as an acceptance of any responsibility to inspect or to inspect in any particular manner. ISSUED: EFFECTIVE: . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 14 LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY (CONTINUED) The City of Seward, its employees and agents, makes no representations or warranties that the shiplift system is adequate or sufficient for any particular vessel. Further, the City of Seward, by requiring that only holders of shiplift permits be authorized to utilize the shiplift system, makes no representations or warranties of any kind that the work, operation, materials, design or other aspects of the work performed or contracted to be performed by such a permit holder is of good and workmanlike quality, or in conformance with industry standards. Vessel owners are advised that the City of Seward is not responsible for and specifically disclaims any liability for work performed or contracted to be performed by a permit holder, except for those damages caused by the city's own negligence. ISSUED: EFFECTIVE: Subsection 125 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 15 LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY (CONTINUED) (b) INDEMNITY: Each permit holder, user, vessel, vessel owner and its agents, shippers or consignees shall indemnify and hold harmless the City of Seward against any and all claims arising from any breach or default in performance of any obligation to such parties to be performed under the terms of this tariff or arising from any act or omission of said parties for all costs, attorneys' fees, expenses, and liabilities incurred in the defense of any such claim, action or proceeding brought against the City of Seward, except for loss or damage directly caused by the city's own negligence. (c) OWNERS RISK Except for loss or damage directly caused by the city's own negligence, the following losses shall be at the risk of vessel owner and permit holder: 1. Glass, liquids, and fragile articles will be accepted only at owner's risk for breakage, leakage or chafing. Freight on open ground is at owner's risk for loss or damage. Freight subject to freezing will be accepted only at owner's risk. All water craft if and when permitted by the harbormaster or his authorized agent to be moored at wharves or alongside of vessels, are at owner's risk for loss or damage. Damage to any vessel utilizing the shiplift system. 2. 3. 4. 5. ISSUED: EFFECTIVE: Subsection 125 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 16 RIGHTS OF CITY OF SEWARD Without in any way limiting the general authority of the City of Seward, the city shall have the following powers: (a) ACCESS TO HARBOR OR PORT FACILITIES The city shall at all times have the right to refuse access to the shiplift system or any city dock or terminal facility by any person or vessel or to remove any vessel, person or cargo at any time from the shiplift system or any city dock or terminal facility. This right shall be reserved at all times to the City without responsibility for demurrage, loss or damage when 1. Previous arrangements for use, space, receiving or unloading have not been made with the harbormaster. The vessel is unsafe or hazardous and may pose a risk to life or property. The value of the vessel, in the opinion of the harbormaster is less than the probable service charges and other charges related to its use of the shiplift system, city dock or terminal facilities. During period of congestion, or in cases of emergency, when, in the judgment of the harbor- master, the circumstances then prevailing or likely to occur will prevent the shiplift system city dock or terminal facilities, or any portion of them from providing customary services to the public. 2. 3. 4. (b) RIGHT TO REFUSE CARGO In his discretion the harbormaster shall at all times have the right to refuse to accept, receive, or unload or permit a vessel to discharge: 1. Cargo for which previous arrangements for space, receiving, unloading or handling have not been made with the harbormaster by shipper, consignee or vessel. 2. Cargo not suitably packed for safe transportation. ISSUED: EFFECTIVE: Subsection 130 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 17 Subsection RIGHTS OF CITY OF SEWARD (CONTINUED) 130 3. Cargo deemed by the harbormaster, in the reasonable exercise of his discretion, that is offensive, perishable or hazardous. Hazardous cargo must have been prepared for shipment in accordance with the applicable Department of Transportation regulations (including 49 CFR Parts 171-179). 4. Cargo, the value of which may, in the opinion of the harbormaster be less than the probable service charges and other charges related to it. 5. Cargo, during a period of congestion, or in cases of emergency, when, in the judgment of the harbormaster, the circumstances then prevailing or likely to occur will prevent the city docks or terminal facilities, or any portion of them from providing customary service to the public. (c) RIGHT TO SCHEDULE VESSELS AND CARGO In his discretion the harbormaster shall at all times have the right to schedule access to the shiplift system and any harbor or port facility by any person or vessel or to remove any vessel, person or cargo at any time from the shiplift system, any city dock or terminal facility in order to provide for efficient operation of the city dock or terminal facilities and promote the objectives of the Seward Municipal Code. (d) RIGHT TO REMOVE, TRANSFER OR WAREHOUSE CARGO 1. Hazardous or offensive cargo. In his discretion, the harbormaster shall at all times have the right to immediately remove all hazardous or offensive cargo, or cargo, which by its nature, is liable to damage the shiplift system, other cargo, or city dock or terminal facilities. The cargo may either be removed from its present location to any other location with all expenses and risk of loss or damage to be for account of the permit holder, owner, shipper, or consignee. Cargo beyond free time. Any cargo remaining on city dock or terminal facilities after expiration of any applicable free time, may be removed to public or private warehouses, with all expense or removal and risk of loss or damage to be for account of the permit holder and the owner, shipper, consignee or vessel as responsibility may appear on shipping documents, manifests or other sources. 2. ISSUED: EFFECTIVE: . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 18 RIGHTS OF CITY OF SEWARD (CONTINUED) (e) RIGHT TO WITHHOLD DELIVERY OF FREIGHT Right is reserved by the City of Seward to withhold delivery of freight until all accrued charges and/or advances against said freight have been paid in full. At the harbormaster's discretion, any or all of such freight may be placed in public or private warehouse with all cost of removal and subsequent handling and storage for the account of the owner of the freight. (f) RIGHT TO SELL FOR UNPAID CHARGES Freight on which unpaid terminal charges have accrued may be sold to satisfy such charges and costs, pro- vided such sale has been publicly advertised. Freight of a perishable nature or of a nature liable to damage other freight may be sold at public or private sale without advertising, providing owner has been given proper notice to pay charges and to remove said freight and has neglected or failed to do so with a prescribed reasonable time. (g) EXPLOSIVES The acceptance, handling or storage of explosives or hazardous material shall be subject to special arrangements with the harbormaster and governed by rules and regulations of Federal, State and local authorities. (h) RIGHT TO REMOVE, TRANSFER, OR REARRANGE VESSELS 1. Hazardous vessels or vessels with hazardous carqo. In his discretion, the harbormaster shall at all times have the right to immed- iately remove any hazardous or offensive vessel, or any vessel containing hazardous cargo, or any vessel or one containing cargo, which by its nature, is liable to damage other vessels, the shiplift system, other cargo, or harbor or port facilities. The vessel may either be removed from its present location to any other location with all expenses and risk of loss or damage to be for account of the permit holder and the owner, shipper, vessel or consignee. ISSUED: EFFECTIVE: Subsection 130 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 19 RIGHTS OF CITY OF SEWARD (CONTINUED) 2. Vessel beyond free time. Any vessel remaining at the shiplift system, city dock or terminal facilities after expiration of any applicable free time, may be removed to any other public or private facility, with all expense or removal and risk of loss or damage to be for account of the owner, shipper, consignee, or vessel. (i) RIGHT TO REMOVE MATERIALS OR EQUIPMENT FROM CITY DOCK OR TERMINAL FACILITIES Any materials, equipment, trash, or other items left on or about the shiplift system or any city dock or terminal facility may be removed by the harbormaster at any time with all expense or removal and risk of loss or damage for the account of the permit holder or the vessel that last occupied the shiplift system or the owner, shipper or consignee or vessel as responsibility may appear on shipping documents, manifests or other sources. ISSUED: EFFECTIVE: Subsection 130 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 SHIPPERS REQUESTS AND COMPLAINTS Original Page 20 Requests and complaints may be made by any shipper by filing a written statement with the Harbormaster, City of Seward, P.O. Box 167, Seward, Alaska 99664. ISSUED: EFFECTIVE: Subsection 135 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 21 DELAYS - NO WAIVER OF CHARGES Delays which may be occasioned in receiving, discharging, lifting, or transferring vessels on the shiplift system as a result of equipment failure or breakdown or of combinations, riots or strikes of any persons in the employ of the City of Seward or others, or arising from any other cause not reasonably within the control of the City of Seward, will not excuse the permit holder and the vessel owners, shippers, consignees or carriers from full service and other charges or expenses which may be incurred under conditions stated herein. ISSUED: EFFECTIVE: Subsection 140 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 22 MANIFESTS REQUIRED OF VESSELS Masters, owners, agents or operators of vessels are required to furnish the City of Seward with complete copies of vessels' manifests showing names of con- signees or consignors and the weights or measurements of all freight loaded or discharged at the docks or terminal facilities of the City of Seward. Such manifests must be certified as correct by an author- ized official of the company and must also designate the basis weight or measurement on which ocean freight was assessed. In lieu of manifests, freight bills containing all information as required above may be accepted. SHIP'S DOCUMENTS Berthing application signed by permit holder and vessel owner. Fuel Ballast Water Cargo Structural details for lift ISSUED: EFFECTIVE: Subsection 145 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 23 BERTHING Vessels berthing or departing the shiplift system must use sufficient tugs so that vessel can be berthed or removed in a safe manner. Berthing speed shall not exceed 16-feet per minute, unless approved by the harbormaster. ISSUED: EFFECTIVE: Subsection 150 - - . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 24 SAFETY, SANITATION AND HOUSEKEEPING (a) SAFETY AND SANITATION: All permit holders of the shiplift system, city docks and terminal facilities shall exercise due care for the protection of life and property and the public from injury or damage. Additional safety and sanitation rules applicable to the shiplift system should be consulted. Ordinances of the City of Seward of particular relevance include Chapter 9.15 (Fire Prevention and the Uniform fire Code), Title 14 (Utilities including Garbage, Sewer, Refuse, Electricity and Water) and Chapter 7.10 (Ports and Harbors). All safety and sanitation laws, regulations and policies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska, and the United States, including those adopted by international treaty, apply to the shiplift system, city docks or terminal facilities. All users, including permit holders, shippers, vessels, and consignees, are hereby warned that the party or parties responsible for infractions of such laws, regulations or policies will be subject to and responsible for any penalties that may result from their violation of those laws, regulations or policies. (b) RESPONSIBILITY FOR HOUSEKEEPING: Users (including permit holders) of the shiplift system, docks and other terminal facilities will be required to maintain same in an orderly manner as directed by the harbormaster. If user does not properly clean property used, the harbormaster shall order the work performed and user will be billed for the services in accordance with the rates set forth in Subsection 220 of this tariff. The permit holder shall be responsible to see that all flammable liquids and all hydrocarbons leaked or spilled on the shiplift system and/or wharves shall be cleaned up immediately. Vessels, or consignees shall remove temporary lines immediately upon completion of receipt or discharge of flammable liquids. Spillage from disconnected lines shall be cleaned up immediately by the permit holder. ISSUED: EFFECTIVE: Subsection 155 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 27 SECTION II DEFINITIONS AND CHARGES LIFT FEE (a) DEFINITION: The lift fee is the charge for lifting a vessel from the water and returning it to the water utilizing the city syncro1ift shiplift. (b) LIFT FEE - HOW CALCULATED: The lift fee shall be based upon vessel length. A full lift fee is earned once a lift has commenced, even if that lift is subsequently interrupted, suspended or cancelled for any reason. The risk of loss because of a suspended or cancelled lift by reason of mechanical failure or difficulty with the shiplift system is on the permit holder and the vessel owner. (c) BASIS FOR COMPUTING CHARGES: The lift fee will be determined by on the length-aver-all of the vessel. Length-all-over shall be construed to mean the linear distance, expressed in feet, from the most forward point at the stem to the aftermost part of the stern of the vessel, measured parallel to the base line of the vessel. For lift fee purposes, length-over-all of the vessel as published in "Lloyds Register of Shipping" will be used. If no such figure appears in "Lloyds Register", the City of Seward reserves the right to: (1) Obtain the length-aver-all from the vessel's register, or (2) measure the vessel. ISSUED: EFFECTIVE: Subsection 200 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 28 LIFT FEE (CONTINUED) (e) PREFERENCE TO RESERVED USE: A permit holder may lift a vessel utilizing the shiplift system without having first made written application for a reservation and without such reservation having been granted. However, priority is given to shiplift use reserved in advance with the harbormaster. Reservations remain effective if such use begins within ____-hours of the scheduled use. Late use or arrival will be rescheduled on a space available basis. Reservation must specify arrival and departure dates and the nature of the work to be performed. A permit holder may secure a reservation under the following conditions: (1) Request reservation from the harbormaster is made on an Application for Vessel Reservation in the form attached indicating rail and date(s) requested. (2) Reservation request must be received by the harbormaster a minimum of 7 days prior to anti- cipated vessel arrival. (3) Harbormaster will determine availability of space and dates requested. Should scheduling conflicts be found, the harbormaster shall mediate a resolution which will attempt to mini- mize negative impacts on both (or all) parties. ISSUED: EFFECTIVE: Subsection 200 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 29 LIFT FEE (CONTINUED) (4) Full lift fees are payable to the City of Seward at the time of reservation. Prepaid lift fees will be non-refundable unless a written cancellation is received by the Port a minimum of 14 days prior to scheduled vessel arrival. (5) Agreement to work continuously on moving the vessel through the shiplift system utilizing not less than day and early night shifts (1st and 2nd shifts), and equipment to the fullest extent available in accordance with circumstances then prevailing. (f) REPAIRS TO VESSELS ON THE SHIPLIFT SYSTEM: Vessels may not occupy the shiplift system for the purposes of repairs to the vessels. THERE ARE TO BE NO VESSEL REPAIRS MADE ON THE SHIPLIFT SYSTEM. The shiplift system is to be used only for the movement of vessels to a repair berth off the system or the return of a vessel from a repair berth to the water. A vessel that is not being moved will be permitted to occupy space on the shiplift only with the understanding that it shall be moved when the shiplift system is needed for any reason, including maintenance of the system. A vessel on notice to move which refuses to move will be assessed lay charges at TEN (10) times the normal rate, starting at the time the vessel is noticed to vacate. In addition, vessels refusing to vacate on demand may be moved by city personnel or otherwise, and any expenses, damages to vessel or to other vessels or shiplift system during such removal shall be charged to the vessel so moved. All vessels using the shiplift system without proper authorization must be removed on receipt of notice from the harbormaster or his agents. (g) INSPECTION OF VESSELS ON THE SHIPLIFT PLATFORM: Except in extraordinary circumstances and with the prior approval of the harbormaster, vessels are not to be inspected on the shiplift platform. All vessels are to be lifted utilizing a moveable cradle system. Inspections of lifted vessels are to be limited to ascertaining that a vessel is properly positioned on a cradle system and ready to be moved through the shiplift system to a repair berth. ISSUED: EFFECTIVE: Subsection 200 . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 30 LIFT FEE (CONTINUED) (h) NOTICE OF HAZARDOUS CARGO AND PERMIT REQUIREMENT: Notice shall be given to the harbormaster at the time of reservation of the fuel, ballast and any unusual weight distribution or structural requirements for lifting each vessel, and notice shall be given of any vessel carrying cargo which is hazardous, extremely flammable, corrosive, explosive, or otherwise poses a significant risk of harm to property or persons, at least twenty-four (24) hours prior to landing or use of the shiplift system. The harbormaster, at his sole discretion, may issue a permit for shiplift system use if he finds that sufficient precautions have been taken to minimize any potential risks presented by such vessel. (j) DOCKSIDE LAY TIME Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three hours of receiving notice from the harbormaster or his agents. . (k) LIFT FEE RATES: 1. The lift fee shall be $10.00 per foot of vessel length. This fee does not include labor charges for operation of the shiplift system as described in subsection 220. This fee does not include the daily lay charge as described in subsection 210. . ISSUED: EFFECTIVE: Subsection 200 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 31 DAILY LAY CHARGE (a) DEFINITION: The daily lay charge is the charge for vessels either on the shiplift system or upland of the shiplift system on repair berths. (b) LAY CHARGE - HOW CALCULATED: Daily lay charges chall be based on the number of complete or partial days a vessel is on the shiplift system or upland of the system. Each day commences at 12:01 A.M. A full day shall be charged for any period less than 24 hours. However, in computing daily lay charges for less than 12 hours, lay charges at one-half (1/2) of one full day's charge shall be assessed. For any lay time greater than 12 hours and less than 24 hours a full day's dockage shall be assessed. (c) BASIS FOR COMPUTING CHARGES: The daily lay charges shall be assessed against a vessel regardless of vessel size or length. (d) RATE: The daily lay charge is $200.00 per day or a portion thereof. ISSUED: EFFECTIVE: Subsection 210 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 32 LABOR AND SERVICE CHARGES A labor and service charge is assessed, in addition to any other charges set forth in this tariff, for all labor performed by the city personnel in operating the shiplift system for a vessel and for specific services provided by the City of Seward or its agents. Service charges do not include charges for dockage, wharfage, wharf demurrage, and handling. A. Specific Services. The following rates shall apply for services provided by the City of Seward. 1. Water provided to vessels a. Connect fee b. 0-25,000 gallons, connect fee plus $ 30.00 75.00 c. 25,000+ gallons, connect fee plus 125.00 2. Electricity (per kilowatt) a. Connect fee b. Electricity (per kilowatt hour) $ 20.00 .20 B. Labor/Personnel. I. When labor is furnished by the city to operate the shiplift system in the normal course of lifting vessels or at the request of a user it is expressly stipulated that the city acts solely as agent of user. The city shall charge for labor provided by the city for the following services: 1) all labor associated with or necessary to the operation of the shiplift system and all services not specifically described in this Tariff; 2) services of cleaning the shiplift system, city docks or terminal facilities of dunnage, stevedore gear, and other equipment or material when the shipper, vessel owner or consignee fails to promptly clear the facility as requested by the harbormaster. ISSUED: EFFECTIVE: Subsection 220 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 33 LABOR AND SERVICE CHARGES (CONTINUED) 3) snow removal performed on the shiplift system outside normal hours of operation and reasonably necessary to accommodate a permit holder's schedule. The city shall have no responsibility under any circum- stances for snow removal beyond the limits of the shiplift system. II. Computation of Labor Rates. Rates named in this tariff for services involving labor are predicated upon straight-time wages for a work day between the hours of ____ A.M. and P.M. Monday through Friday. When services are performed on Saturdays, Sundays or holidays or when payment or overtime or penalty time wages to labor is necessary, rates are adjusted to include such penalties or differential rates. When a user notifies the harbormaster for labor for a specified time and labor is on the job ready for work at that time, the use shall be charged from the time the labor is ready for work until the work is concluded even if the work is delayed through no fault of the City. III. Man-hour Rate Schedules. All labor provided by city personnel shall be charged at $33.93/hour straight-time (no premium) and $50.89/hour overtime. Work requiring call-outs shall be charged at a minimum of two hours at the overtime rate. ISSUED: EFFECTIVE: Subsection 220 . . . SMIC SHIPLIFT SYSTEM TARIFF NO. 1 Original Page 34 LABOR AND SERVICE CHARGES (CONTINUED) C. Equipment. When the city utilizes city equipment to provide services under this subsection, it will charge users for the cost of that equipment on an hourly basis at the rates charged capital projects within the City of Seward for similar equipment. D. Special Services. Except where otherwise required by law, the harbormaster has the authority to refuse to provide or to arrange for the provision of services 1n addition to those set out in paragraph A above. Special services, including waste, bulk oil, or garbage disposal shall be billed at the city's actual cost (including city labor costs as determined in paragraph II above) plus 125% of city costs for services arranged for by the city but provided by others. ISSUED: EFFECTIVE: Subsection 220 . CITY OF SEWARD GENERAL TARIFF NO. 1 Original Page 35 SECTION III CONDITIONS OF DOCKING AND SHIPLIFT SYSTEM USE Subsection VESSEL LIFT APPLICATION 300 A lift of the following vessel is requested at the shiplift system of the City of Seward, Alaska, By: Of: (Authorized Individual On: (Date) (Agency Firm) Owned or/ For: Operated by: (Vessel Identification) (Firm) For To Arrive on: (Description of repairs) As Voyage No. (Estimated Hour/Date) To Depart on: As Voyage No. (Estimated Hour/Date) . Vessel Length Overall: Terminal Use Permit Holder Responsible for this Lift: . NOTES AND CONDITIONS Acceptance of this lift application by the City of Seward does not guarantee the applicant a lift. This application is subject to the rates, regulations, rules and terms of the terminal tariff and to the timely filing of the Statement of Financial Responsibility provided and incorporated herewith as supplement to this application. Use of the lift is committed consistent with the Seward Marine Industrial Center Shiplift System Tariff No. 1 and the attached memorandum outlining the city's berthing policy. Application Received: By: For Port Use Only Time/Date: Application Approved: By: Lift Assigned: Time/Date: Special Handling or Equipment Required: ISSUED: EFFECTIVE: . 1. Lift fee ft x $ (/ft . charge) (length) 2. Lay rate x $ (daily rate) (estimated days) 3. Water $ 4. Total Estimated Charges: $ 5. Miscellaneous . . CITY OF SEWARD GENERAL TARIFF NO. 1 Original Page 36 Subsection SUPPLEMENT TO VESSEL APPLICATION 305 VESSEL: LOA: VESSEL OWNER/LINE: VESSEL CHARTERER: LOAD: (All relevant factors to balance or lift instructions). Fuel Ballast Water Cargo: Type ETA: ETD: assure proper lift including special Location of fuel Locations Locations Location Weight Location weight DESTINATION BERTH: DATE: CATEGORY OF CHARGES PARTY RESPONSIBLE ESTIMATED FOR PAYMENT DOLLAR AMOUNT FOR PORT USE ONLY Pursuant to the Instructions set forth in the Conditions of Docking and Shiplift System Use form, the undersigned hereby seeks the arrangement of lifting facilities on behalf of the above-named vessel, and attests to the accuracy of the information provided to the extent set forth in paragraph C of the Conditions and Lifting: Date: , 19 (Permit Holder) By: (As Agent Only) ISSUED: EFFECTIVE: . . . CITY OF SEWARD GENERAL TARIFF NO. 1 Original Page 37 Subsection SUPPLEMENT TO VESSEL APPLICATION (CONTINUED) 305 ACCEPTANCE OF FINANCIAL RESPONSIBILITY FOR PAYMENT In connection with the Vessel Docking and Shiplift System Use Application dated ,19, the undersigned hereby accepts responsibility, on its own behalf, for payment of the charges listed under the line items as designated below which correspond with those designated in the above Supplement to Vessel Docking and Shiplift System Use Application, in a maximum amount not to exceed 125% of the aggregate estimated dollar amount shown above for the relevant line items, or 125% of such other sum as the City of Seward, after review and revision of such estimates, has provided to the undersigned in writing, in which latter case a copy of such writing is physically attached hereto. LABOR: Up-lift (out of water) (men at regular overtime rate) Down-lift (return to water) (men at regular applicable rate) CATEGORY OF PORT CHARGE LINE ITEM(S) No. FOR PORT USE By: (Name of Company) (Authorized Signature) CATEGORY OF TERMINAL CHARGES LINE ITEM(S) No. FOR PORT USE By: (Authorized Signature) (Name of Company) ISSUED: EFFECTIVE: . . . CITY OF SEWARD GENERAL TARIFF NO. 1 Original Page 38 Subsection CONDITIONS OF LIFTING 310 All applications for shiplift system use shall be made in the form specified by the harbormaster and may require the timely filing of the financial responsibility information called for by Supplement to Vessel Docking and Shiplift System Use Application, completed in accordance with, and otherwise governed by, the terms and conditions set forth below. The permit holder arranging the lift is directly responsible to the city for all fees and services charged to or on account of the vessel including water, electrical, or other services in charges requested by the vessel. A. Unless waived pursuant to paragraph B below, terms of payment for all applicable terminal charges shall be cash in advance. A cash deposit or acceptable security in an-amount equal to 125% of the estimated applicable charges will be required to be posted with the harbor- master six days prior to the vessel's scheduled arrival, or at such other time as may be authorized or directed by the harbormaster, but in all cases in advance of actual services rendered. In any case, in which a cash deposit has been posted, any excess thereof, after satisfaction of all applicable port charges, shall be promptly refunded by the terminal to the party posting same. B. The harbormaster may waive the requirement of cash in advance as to all or any category or categories of its anticipated charges when the permit holder responsible for such charges has been identified by the permit holder to the satisfaction of the harbormaster, and: 1. That permit holder responsible has established credit worthiness acceptable to the harbormaster; or 2. Adequate security, acceptable to the harbormaster, in an amount equal to 125% of the applicable estimated charges, has been posted; or c. 3. The permit holder requesting the lift, or another entity, in each case acceptable to the harbormaster as credit worthy, has personally accepted financial responsibility for the applicable charges. The permit holder shall, as a part of the lifting process, provide to the extent of his knowledge all information called for by any Supplement to Vessel ISSUED: EFFECTIVE: . . . CITY OF SEWARD GENERAL TARIFF NO. 1 Original Page 39 Subsection CONDITIONS OF LIFTING (CONTINUED) Docking and Shiplift System Use Application respecting the vessel, its estimated arrival and departure, amount(s) and type(s) of cargo on board, and estimate of amount of each category of port charges, as enumerated. The submission of this form, signed by the permit holder or his agent, shall constitute the permit holder's attestation as to the accuracy of the information therein supplied; and the permit holder shall be held personally liable to the City of Seward for any financial loss suffered by the City of Seward as a result of the permit holder's failure so to report accurately. D. Should the permit holder, subsequent to submission of this form, receive information which materially differs from the information previously provided, and which information the agent reasonably believes is not equally known to the harbormaster, it shall immediately notify the harbormaster and, if requested by the harbormaster, promptly file an amended Supplement to Vessel Docking and Shiplift System Use Application with the harbormaster. E. All estimates of charges are subject to approval and/or adjustment by the harbormaster. F. The harbormaster shall, promptly after receipt of this form, advise the permit holder as to (1) its approval or adjusted estimate of terminal charges, and (2) whether posting of cash or security is required for anyone or more categories of such charges and the amount thereof. G. In addition to the terms for lift reservation and establishment of financial responsibility as set forth herein, requests for lift reservation and assignments of lifts shall otherwise be in accordance with all local rules and regulations established by the City of Seward. H. The City of Seward retains the right in its sole discretion to determine whether a permit holder or agent is credit worthy, and to waive the cash-in-advance requirement. The city may establish guidelines for ISSUED: EFFECTIVE: . . . CITY OF SEWARD GENERAL TARIFF NO. 1 Original Page 40 Subsection CONDITIONS OF LIFTING (CONTINUED) determining whether a responsible party or an agent is credit worthy. Compliance with these guidelines does not create a right to waiver of the cash-in-advance requirement. I. For safety or other reasons, the City of Seward in some circumstances may allow the lift of a vessel before the permit holder or agent has paid all applicable charges or otherwise complied with all applicable tariff provisions of conditions of lifting. ISSUED: EFFECTIVE: . . . SEWARD MARINE INDUSTRIAL CENTER SHIPLIFT SYSTEM USE PERMIT Name of Operator: Address: Phone: Date of Application: Date of Approval: RULES GOVERNING OPERATION OF SHIPLIFT SYSTEM SCHEDULING. a) All scheduling and rules of operation in the Seward Marine Industrial Center Shiplift System Tariff No. 1 ("the Tariff") as filed with the Federal Maritime Commission shall apply to this agreement. b) The City will attempt to meet requested lift schedules. Lifts will be performed at such time as the City, in its sole discretion, may elect, and return of a vessel to the water shall similarly be accomplished at such time as the City, in its sole discretion may elect. Vessels late for scheduled lifts in excess of ( ) hours will be subject to reschedule at the harbormaster's discretion. c) No scheduling may be done by telephone. All applications for a lift must be made in writing and on the form provided in the Tariff. d) The owner or captain request for a lift and consent this permit and all applicable prior to the lift. e) Permit holder agrees that the City shall not be liable to permit holder or others for any damage or loss (including without limitation, business or other consequential damages) by virtue of the scheduling of the lift, any delays in the operations, or any failure to lift the vessel by virtue of equipment malfunction or other cause, except for those damages directly caused by the City's own negligence. 1. of a vessel must sign the to be bound by the terms of harbor rules and regulations 2. TERM. This permit will be effective on and after compliance with all the provisions of Paragraph 6. This permit may be cancelled in accordance with the provisions of Paragraph 13. This permit is subject to and governed by the City of Seward Marine Industrial Center Shiplift System Tariff No. 1 as filed and amended from time to time with the Federal Maritime Commission and is not intended to grant an exclusive preferential use of a public facility. Shiplift System Use Permit Page 1 of 5 . . . 3. CHARGES. Lifts will be charged in accordance with the rates, charges, rules and regulations of the Tariff. Daily charges shall continue until the vessel has been released to the water from the shiplift system and all of the system has been cleared of all equipment and blocking, trash and debris, and it is ready to receive another vessel. 4. PAYMENT. It is the responsibility of the permit holder to pay all charges including lift fees, daily lay charges, and service charges; the City will not collect charges from customers of the permit holder. The City may cancel this permit whenever any account payable to the City by the permit holder is in arrears by thirty (30) days or more. 5. INTERRUPTION OF WORK. At the harbormaster's discretion vessels on the shiplift system may be removed when it is in the public interest, including such factors as: a) other vessels have priority due to the nature of their use, ~, Coast Guard or other life-safety equipment, and b) in an emergency situation where, in the opinion of the harbormaster, loss of property can be minimized by rescheduling. It is agreed and understood that all operations of public facilities are subject to interruption, when in the public interest, and that the permit holder will bear the entire risk of loss for such interruptions. 6. INSURANCE. This permit will not become effective until such time as the City of Seward has received the following: a) A policy or policies of insurance with the following coverage limits: 1. General liability 2. Ships Repairers Legal 3. Workers' Compensation and Harbor Workers' and Longshoremen's Compensation Act b) A determination by the City of Seward insurance broker that the insurance offered by the permit holder is of such type and has such provisions as will permit it to serve as the underlying coverage for any city excess policy and an acknowledgement from that broker that the city excess policy or policies will be in effect during operations by the permit holder. NOTE TO PERMIT APPLICANT: This means that a binder for insurance is probably NOT sufficient to obtain this permit. You will need to coordinate your insurance coverage with the City's broker. c) All insurance policies shall provide for thirty (30) days' notice of cancellation and/or material change to $2,000,000 $2,000,000 Statutory Shiplift System Use Permit Page 2 of 5 . . . be sent to the City. All insurance policies shall contain the following or equivalent clauses: 1) The City, its officers, employees and agents are added as additional insureds as respects operations of the named insured performed under the terms of the Interim Use Permit with the City. 2) It is agreed that any insurance maintained by the City shall apply in excess of, and not contribute to, insurance provided by this policy. d) All of the required insurance policies shall provide that the insurers waive their rights of subrogation against the City and its respective officers, servants, agents or employees. Permit holder further agrees to waive, and agrees to have its insurers waive, any rights of subrogation with respect to deductibles under such policies and with respect to damage to equipment, including the loss of the use thereof, whether insured or not. e) The general liability endorsement, Ship Repairers Legal Endorsement, and Workers' Compensation/Employers Liability Endorsement shall be in substantially the form of those forms attached hereto as Exhibits A, Band C. f) This permit may be cancelled at any time by the City and will automatically cancel, without notice from the City, if the insurance policies required above are cancelled for any reason. 7. Preparation of Vessel; Loadinq and Unloadinq. The City shall operate only the shiplift mechanism and the lateral rail transfer system. The permit holder shall design and provide all blocking cradles and other materials necessary to prepare the vessel for lifting. All blocking and other activities requisite to lifting the vessel shall be performed, inspected and directed by the permit holder. The City retains the overseeing rights to inspect the design and workmanship solely to assure that the blocking system does not pose a potential to damage the shiplift system. If such a possibility exists, the City may refuse to lift the vessel. There is no requirement for the City to perform such inspections, and, by performing an inspection, the City does not release the permit holder of any responsibilities or liability. The vessel is to be removed and guided onto the lift, aligned on the vessel blocking and subsequently removed from the lift under the direction of, or by, the permit holder. The City will operate the lift according to the direction of the permit holder, subject to the overriding right to stop the lift operation if it feels there is a possible hazard to the facility or vessel. 8. Permit Holder Cradle and Equipment. Permit holder shall be responsible for supplying all equipment and materials to move vessels from the syncrolift ship1ift system through the transfer system and to a repair berth. All vessel movement shall be by means of a rail-mounted ship cradle system and suitable Shiplift System Use Permit Page 3 of 5 . . . towing system. The cradle and towing system and any repair berths, including rails on land leased from the City, must be certified as meeting acceptable engineering standards for syncrolift/rail loading and must meet annual Lloyd's registry class rating (Section 4, Lloyd's Register of Shipping, 1981- mechanical lift docks) by an independent surveyor acceptable to Lloyd's prior to any use on the syncrolift/rail transfer system. The cradle system (and the towing device, to the extent required by classification or inspection societies) must be inspected and re-certified in accordance with the requirements of Lloyd's Classification Society as a condition precedent to continued use of the shiplift system by permit holder. The City of Seward may, at its discretion, refuse to allow use of permit holder's cradle and/or towing system if the City of Seward has any reasonable doubt as to the structural fitness of the cradle system for use on the syncrolift/rail system. Such refusal shall remain in force until permit holder demonstrates to City's satisfaction that the cradle is fit for such use. 9. outlets hookups Utilities. Arrangements for use of water and electrical must be made through the harbor office. Costs for utility shall be those specified in the Tariff. 10. Maintenance of Facilities. The City will perform main- tenance and repairs of the mechanical, electrical and structural systems of the shiplift system. The City shall not maintain, or repair any equipment of permit holder including any ship cradle and towing system. The City shall not be responsible for maintenance or repairs to any repair berth rails located on leased land. The permit holder will take all necessary measures to protect the shiplift system and adjacent rail and transfer facilities and equipment from damage, exposure to paint or other contaminates. All areas utilized by the permit holder will be maintained, clean and orderly, free of trash and debris. The permit holder is specifically prohibited from drilling, welding or otherwise damaging any structural steel, rails or miscellaneous steel fixtures of the shiplift system, or doing anything which damages, or will damage, the ship1ift system. Any damage to the facilities will be repaired or replaced at the permit holder's expense. The repair work may be accomplished by the permit holder or others at the City's discretion. 11. Clean-up. Should the permit holder fail to clear the entire shiplift system including platform, dock and breakwater of all supplies, equipment and stores upon completion of work on a vessel, the City may clear the area and bill the permit holder for all expenses incurred. 12. Miscellaneous. This is the entire permit and is to be interpreted and applied by the harbormaster in order to further the public interest of maximizing use and efficiency of the shiplift system. This Agreement may be modified only in writing. Shiplift System Use Permit Page 4 of 5 . . . If any permit holder contests any decision made by the harbor- master, the exclusive remedy shall be to the City Council, which shall be the final judge of any dispute. This Agreement form may be filed by the City of Seward with the Federal Maritime Commission and other agencies. 13. Termination. The City may terminate this Permit at any time for convenience, upon delivery of written notice to the permit holder thirty (30) days prior to the date of intended termination. If the permit is terminated for convenience, the permit holder shall promptly complete any work underway and clear the shiplift system of its equipment, buildings and supplies. All necessary site clean-up, repair of the shiplift system or other obligation required by this permit will be completed prior to the termination date. The City may terminate this permit for cause, giving the permit holder thirty (30) days' notice prior to the termination date, except it may be terminated immediately if the permit holder's operations pose a danger to the shiplift system or are violations of state or federal permits, or if the insurance policies required in Paragraph 6 are cancelled or have lapsed for any reason. If the permit holder fails to correct its operations to the satisfaction of the City, the City may clear the area of vessels and the permit holder's equipment and supplies, and bill the permit holder for all expenses incurred. When terminating for cause, the City assumes no obligations to complete the repairs to any vessel that may be on the shiplift system, except those necessary to enable safely moving it to a moorage, and such repairs shall be at the expense of the permit holder. PERMIT HOLDER CITY OF SEWARD, ALASKA BY: Its: BY: Its: ATTEST: City Clerk City Seal Shiplift System Use Permit Page 5 of 5 . . . STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) CERTIFY that on this day of before me, the undersigned, a Notary Public State of Alaska, personally appeared , known to me and to me known to be the individual named in and who executed the foregoing document, and he acknowledged to me that he signed and sealed the same as his free and voluntary act for the uses and purposes therein set forth. THIS IS TO , 1990, for the in and WITNESS my hand and notarial seal the day and year first hereinabove written. Notary Public in and for Alaska My Commission Expires: Shiplift System Use Permit Notary Page