HomeMy WebLinkAboutRes1989-092
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 89-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, WAIVING THE RIGHT TO TERMINATE
AN EXISTING LEASE WITH SEWARD SHIP'S CHANDLERY
FOR A PERIOD OF SIXTY DAYS
WHEREAS, by Resolution No. 88-084 the City Council approved
a lease agreement with James T. Pruitt, dba Seward Ship's Chandlery
for the lease of approximately 1. 76 acres at the Seward Marine
Industrial Center; and
WHEREAS, the city granted certain concessions in that lease
agreement including a reduced rental rate from fair market value
and other items in order to induce Lessee to construct and operate
a ship repair and construction facility; and
WHEREAS, one of the major commitments of Lessee as set forth
in section 3.1(a) is to have in place on the Leased Land by August
31, 1989, a shiplift cradle system capable of loading and
transferring two hundred (200) foot vessels and three hundred (300)
foot barges on the city shiplift including adjustable bilge blocks;
and
WHEREAS,
informed the
deadline; and
by letter dated August
city that it does not
2, 1989, the Lessee has
anticipate meeting that
WHEREAS, the Lessee has asserted that the only reason for its
anticipated failure to meet that deadline is the delay in the
delivery of cradle wheel assemblies and except for that delay
Lessee would meet its deadlines; and
WHEREAS, Lessee has assured the city that it will have the
cradle system described in the lease in place by October 31, 1989;
and
WHEREAS, the public interest will
anticipated delay but the Council finds that
is reasonable given the circumstances; and
be damaged by the
the request of Lessee
WHEREAS, the City Council does not intend to waive any
provisions of the lease agreement except as specifically authorized
in this Resolution and set forth below;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The city will not, for a period of sixty (60) days
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 89-092
after August 31, 1989, terminate the lease agreement because of
Lessee's failure to meet the requirements of section 3.1(a) of the
lease agreement.
section 2. The city specifically reserves the right to
enforce any other provisions of the lease agreement even before
October 31, 1989, and the city does not waive its right to enforce
the provisions requiring the placement of the cradle system as set
forth in section 3.l(a) after October 31, 1989. If the city seeks
to terminate the lease agreement by reason of a failure of Lessee
to meet the requirements of section 3.l(a) of the lease agreement
by October 31, 1989, then it will do so after a public hearing held
after that date.
section 3. This Resolution shall take effect immediately upon
its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, this 14th day of August, 1989.
THE CITY OF SEWARD, ALASKA
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Y . GIESELER, MAYOR
AYES:
NOES:
ABSENT:
ABSTAIN:
GIESELER, DUNHAM, MEEHAN, NOLL, O'BRIEN
NONE
HILTON, SIMUTIS
NONE
ATTEST:
APPROVED AS TO FORM:
PERKINS COlE, Attorneys for
the city of Seward, Alaska
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Fred B. Arvidson
City Attorney
(City Seal)
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