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Sponsored by Oates <br /> CITY OF SEWARD, ALASKA <br /> RESOLUTION 2011 -005 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, <br /> ALASKA, AUTHORIZING THE CITY MANAGER TO EXTEND THE <br /> MAINTENANCE AND OPERATING AGREEMENT WITH SEWARD <br /> SHIP'S DRYDOCK, INC. THROUGH AUGUST 31, 2011 <br /> WHEREAS, the current Maintenance and Operating Agreement between Seward Ship's <br /> Drydock and the City of Seward for the Shiplift Facility is set to expire January 31 2011; and <br /> WHEREAS, on June 22, 2009, the City Council adopted Resolution No 2009 -049 <br /> authorizing the City Manager to enter into an agreement for the Renewal of Term of the Maintenance <br /> and Operating Agreement containing a temporary extension; and <br /> WHEREAS, the City has allowed for additional time for Seward Ship's Drydock to apply <br /> the protective coating of the pipe piling and the cofferdam cells in the splash zone as outlined in <br /> Exhibit A of the Agreement describing deferred maintenance obligations; and <br /> WHEREAS, the City has contracted with a NACE certified inspector to inspect the <br /> protective coating and has found that the coating is not complete, therefore the City will not grant <br /> full lease credits until the coating is complete; and <br /> WHEREAS, the City and Seward Ship's Drydock have not completed a thorough review of <br /> the Maintenance & Operating Agreement to complete revisions and updates to the terms outlined in <br /> the Agreement; and <br /> WHEREAS, additional time is sought by both parties to evaluate and update the language in <br /> the Maintenance & Operating Agreement. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br /> OF SEWARD, ALASKA, that <br /> Section 1. The City Manager is authorized and directed to sign, on behalf of the City of <br /> Seward, the Maintenance and Operating Agreement with the Seward Ship's Drydock, Inc. for a <br /> period from January 31, 2011 to September 30, 2011 in substantially the form presented at this <br /> meeting. <br /> Section 2. This resolution shall take effect immediately after adoption. <br /> PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28 <br /> day of January, 2011. <br /> ��t <br />