Loading...
HomeMy WebLinkAbout09062017 PACAB Packet City of Seward Port and Commerce Advisory Regular Board Meeting c4rd 1 AM 0 _4-141 I 'I I I I ;0, . .- ------ } f t jj September 6, 2017 SEWARD PORT AND COMMERCE ADVISORY BOARD Regular Meeting September 6, 2017 12:00 PM Council Chambers Darryl Schaefermeyer L CALL TO ORDER Chair Term Expires 07/2018 2. PLEDGE OF ALLEGIANCE Vacant Vice Chair 3. ROLL CALL Bruce Jaffa 4. SPECIAL ORDERS, PRESENTATIONS AND Board Member Term Expires 07/2018 REPORTS Carl Hughes A. AK.RR - Christy Terry Board Member B. Chamber Report -Cindy Clock Term Expires 07/2020 C.Harbormaster Report -Norm Regis Brooke Andrews D.Administration -Ron Long Board Member Term Expires 07/2018 5. Citizens' comments on any subject except those items scheduled for public hearing. [Those who have signed in Christy Terry Board Member will be given the first opportunity to speak Time is limited Term Expires 07/2019 to 2 minutes per speaker and 30 minutes total timefor this agenda item.) Colby Lawrence Board Member 6 Approval of agenda and consent agenda [Approval of Term Expires 07/2019 Consent Agenda passes all routine items indicated by Laura Schneider asterisk (*). Consent Agenda items are not considered Board Member separately unless a Board Member so requests. In the Term Expires 07/2018 event ofsuch a request, the item is returned to the Regular Agenda.) Jim Hunt City Manager Ron Long Assistant City Manager Norm Regis Harbor Master Latesha Layne Executive Liaison City ofSeward, Alaska PACAB Agenda September f 2017 Page I 1 7. INFORMATIONAL ITEMS AND REPORTS A. AKAR Monthly Report 3 B. Chamber o f Commerce Report .4 C. Harbor Monthly Report 7 D. PACAB Goals Calendar 8 E. Motions and Amendment memo from City Clerk 9 8. UNFINISHED BUSINESS 9. NEW BUSINESS * A. Approval o f May 3, 2017 minutes 13 B. Voting for Vice Chair C Review tariff recommendations for 10-ton crane at Seward Marine Industrial Center (SMIC) 16 D. Selection of September 20, 2017 work session topic "Review and make recommendations to the Seward Marine Industrial Center (SMIC) development plan 70 10. BOARD COMMENTS 11. CITIZEN COMMENTS [5 minutes per individual-Each individual has one opportunity to speak] 12. BOARD AND ADMINISTRATIVE RESPONSE TO CITIZENS' COMMENTS 13. ADJOURNMENT City ofSeward, Alaska PA CAB Agenda September 4 2017 Page2 2 RAILROAD September 6, 2017 Port and Commerce Advisory Board Port of Seward City of Seward TEL 907.265.2209 FAX 907.265.2219 Report to the Port and Commerce Advisory Board Vessel Traffic- • The last of 2017s 63 Cruise Ships is scheduled for September 17, 2017. This is also the last day the Coastal Classic train in/out of Seward. • Dockings at the Port of Seward to date —170. This includes Cruise Ships, Freight and Fuel barges, military and research vessels, etc. • USCG vessels at our docks this summer include the USCG Healy, Mustang (repairs), Sycamore and upcoming Sherman. Events at the Terminal- • Seward Music and Arts Festival scheduled for September 22-24, 2017 at the Cruise Ship Terminal. • Starting coordination with the City of Seward for the annual Halloween Fair on October 31 s" • Starting coordination with the Kenai Crewsers Rowing Club for the 2017 Seward Holiday Arts and Crafts Fair December 1-2, 2017. Other Items of Note- • Excited to announce we hired Dwayne Atwood as the new Seward Assistant Port Manager! Dwayne divided his time between Seward and Whittier this summer, but as the fishing season slows down at the ARRC Whitter Delong Dock, he will be fully n Seward. • This summer we installed new signage at the Train Depot and along Port Ave to improve identification and directions for passengers. • Ongoing improvements at the Train Depot including new deck and railing. Parking improvements planned before next spring. • Riprap for the widening of the Freight Dock is now staged on-site. This is our first step as we move this project forward. • Harmon Construction painted the west wall of the Round House this summer to improve aesthetics of property coming into Seward from the train and Seward Highway. • Piling repairs continue on the Cruise Ship Dock this September following the end of the Cruise Ship Season. • Additional paving this September on our Freight Dock at the 'key' area to improve barge off/loading conditions. • I will attend the annual Alaska Association of Harbormasters and Port Administrators Conference n Petersburg October 2-6, 2017. • Continue to check out our Seward Marine Terminal Expansion Planning Project progress at www.railportseward.com. ChristyTerry, CPE Seward Port Manager terryc(a)akrr.com 907.265.2209 office 1907.422.7071 mobile mailing: F0 Box 95, Seward, P1<99664-0095 physical: 913 Port Avenue, Seward, Alaska web: www.AlaskaRailroad.com .A I .A..S....A.. RAILROAD 3 Report to PACAB September 6, 2017 Seward Chamber o f Commerce, CVB Cindy Clock Welcome Back PACAB! We now claim 407 Seward Chamber members :) New since last month - A Forest Acre Inn Becky Dunn Seward Fishing Club Randy Becker Alaska Alpine Meadow Retreat Rebekka &Terry Federer Pain in the Glass Jeff Shank Our 2017 Silver Salmon Derby ranked pretty near the top 3 for Derby entrants (6,200) & fish weighed (15, 813 lbs) WEIGHTS - 2017 r Oav7 _ TOTAL Entries 338 219 225 252 229 242_ 284 251 118 2158 Tot.Wt. 2526.24 1558.91 1561.68 1842.03 1662.35 1829.19 2119.83 1848.11 864.33 15812.67 QymW.t, 2526.24 4085.15 5646.83 7488.86 9151.21 10980.4 13100.23 14948.34 15812.67 15812.67 ' Ayp.Wt. 7.47 7.12 6.94 7.31 7.26 7.56 7.46 7.36 7.32 Min.Wt. 3.01 3.02 3.09 3.00 3.18 3.17 2.78 3.00 3.25 3.25 - MaX.Wt. 13.82 13.29 12.73 13.78 13.96 15.20 14.68 14.00 14.92 152 WEIGHTS _ 2016 Davi Dav 2 Dav3 Day4 Days Dav 6 Day? Dav8 Dav9 TOTAL Eiffn 22 22. 12 A 4 * a F,17 Tot.Wt. 907.14 402.041 519.7_ 616.98 701.39 440.51 445.98 824.12 83.07 4940.93 Cum Wt. 907.14 1309.18 I 1828.88 2445.86 3147.25 3587.76 4033.74 4857.86 4940.93 4940.93 Avq.Wt. 9.45 i1 9.571 9.451 9.35 9.74 9.58 9.29 9.81 10.38 Mir1W1. 5.031 3.77 4.791 4.35 3.95 4.05 321 3.18 7.97 7.97 Max.Wt. 14.471 141 15.42 14.971 14.481 1422 _ 1622 16.18 13.58 1622 :WEIGHT. _ 2015 _ .. ._2 OY Dav6 Ofit_Z .alL$ Day Q1 TOTAL Entries 298 215 153 186 140 283 196 279 109 1861 Tot.Wt. J 2219.01 1566.52 1119.36 1288.51 1022.32 2030.49 1459.13 2119.04 801.75_ 13626.13 2219.01, 3785.53_ 4904.89 6193.4 7215.72 924621 10705.34 12824.38 13626.13 13626.13 Avg wt., I 7.45 729 7.326.93 7.3 7.17 7.37 7.6 7.36 I Min.Wt. 3.08_ 3.02 331 321 I_ 3.72 3.51 3.08 3.19 3.03, 3.72 Max Wt. 13.66 14.92 1331 13.1 ( 13.31 12.841 14.39 13.49 16.19 16.19 l 1 4 Thanks so much to Rotarians Andy, Ron & Jake for getting the tasty silvers from the tote to the grill and onto our plates at the Derby Awards Ceremony at the Breeze Inn last Sunday! PLACE PRIZE WINNER WEIGHT 1st $10,000 C.H. Schroeder 15.20 Weight of Fish in Kaladi Coffee 2nd $5,000 Blaine McBaine 14.92 Weight of Fish in Kaladi Coffee 3rd $2,500 Michelle Gabriel 14.68 Weight of Fish in Kaladi Coffee 4th $1 ,000 Darwin Aho 14.00 5th 1000 Cabela's Gift Card Jennifer Shelton 13.96 6th $500 Edward Robbins 13.82 7th $500 Sherrie Miller 13.78 8th $500 Ken Baysinger 13.78 9th $500 Paul Paquette 13.54 10th ASLC Family Pass Mitchell Bourdukofsky 13.43 11th $300 Tony Shandy 13.35 12th $300 Carey Schreiber 13.29 13th Silverton Mt. Heli-Ski Alecs Lund 13.19 14th Silverton Mt. Heli-Ski Robert Orrill 13.12 15th Breeze Inn - Jacuzzi Rm Adam Dustin 13.01 16th Sunny Cove Kayak for 2 Matthew Lexa 12.90 17th $100 Urbach's Card Hannah Wagner 12.84 18th $100 Urbach's Card Debra Hunt 12.80 19th Hotel Seward Darrell Lamping 12.73 20th Hotel Seward Gary Stevens 12.73 Mystery Fish $1,000 Chris Squires 4.30 49th Heaviest $1,000 Cedric Tael 12.32 TAGGED FISH Chevy Silverado Ian Wetherhorn 3.62 KFT hosted the Volunteer Appreciation dinner cruise last Friday evening, when Gov Bill Walker and his family joined us — thanks to the finesse or finagling of our Mayor Jean Bardarson! Gov Walker thanked all the volunteers and said it was heart-warming to see such support of our chamber of commerce. He and First Lady Donna Walker were celebrating their 40th wedding anniversary as well as attending the Lost Lake Run. 5 The Alaska Ocean Cluster Initiative is quite intriguing and of course the chamber is all about strengthening interactions between public, private and academic marine related organizations. "Collaboration" is our middle name — and also the focus of our SEGP! At the July 28th meeting at the ASLC the opportunities listed for Seward included: a. UAF Seward Marine Center for Ocean Technology & Innovation b. National Buoy Center c. Seward as Arctic gateway port: National & Arctic Security The Seward Business Marketing group — the Rise & Shiners will be resuming their 7:00 am Thursday morning meetings at the Breeze Restaurant on Sept 7th after a summer hiatus. SMIC group meets at 9:00 am on Friday Sept 8th at the Breeze Inn Mt. Alice Rm. Alternative Energy group will meet at noon on Thursday, Sept 14th. We utilize Basecamp — on online project management tool — you can call or email me if you'd like to join — or if you've forgotten your password. Next Chamber lunch is September 8th — KPB Mayor Mike Navarre and Larry Persily Will talk about the Ballot Proposition to increase the sales tax cap to $1,000. Meet the Candidates Night Monday Sept 18th from 5:00 — 7:00 pm right here in council chambers. We're in the process of organizing this event and taking a look at possible improvements to the format. You'll see flyers posted about this soon. 6 HARBORMASTER REPORT 1) We had construction meetings with Hamilton Construction and R&M for the SMIC breakwater project on throughout the summer. 2) Hamilton Construction has finished the breakwater and is currently working on a short punch list to finish the breakwater. 3) The harbor now has Wi-Fi throughout the harbor. (still working out some technical issues) 4) Council has approved a contract amendment with Hamilton for additional work. 5) Hamilton's new scope of work is to repair the North Dock to include anode protection, 315 feet of new moorage float,widen the 330-ton boat lift pit and to install a 10-ton crane on the North Dock. 6) The Harbor has started the process on hiring a new office staff. 7) The boat lift schedules for both sides of the bay have increased. 8) The Harbor has updated its security plan with the US Coast Guard. 9) The South Launch ramp replacement has gone out for engineering and design.ADF&G are paying for this part of the project. 10) A couple of leases have been approved by Council since the summer hiatus. 11) The harbor is repairing an issue with the 50-ton lift at the end of September. 12) The Harbor/SMIC budget process has started. 7 PACAB Goals Calendar Meeting Schedule RM= Regular Meeting WS= Work session REGULAR MEETING SUGGESTED AGENDA ITEMS January • Review, discuss, approve Annual Report to Council February March April 5,2017 RM • Provide review and recommendations for the South Harbor Uplands Development Plan April 12, 2017 WS • Discuss Seward Airport and USCG fast boats • Review and recommendations for the South Harbor Upland Plan May 3, 2017 RM • Discuss/Approve South Harbor Uplands Plan for Councils Review • Review information provided by administration and make recommendations May 17,2017 WS to Council regarding vessel property tax • Review and recommendations for a Joint Meeting of Planning and Zoning,Construction companies, Chamber,Citizens and Businesses to discuss Seward Housing. June- August • HIATUS September 6,2017 RM • Review and make recommendations to the Seward Marine Industrial Center (SMIC) Development Plan. September 20,2017 Vt'S • Identify needed support, strategies incentives and measures that will support industries including the CDQ fleets and related but not limited to, Oil & gas, transportation including Seward Airport, and commercial fishing. October 4,2017 RM • Discuss and revise annual Priority List for approval in January • Review identified strategies incentives and measures that will support October 25, 2017 NNS industries including the CDQ fleets and related but not limited to,Oil &gas, transportation including Seward Airport, and commercial fishing. • ReN icIs and recommendations to the Harbor Tariff November 1, 2017 RM • Identify needed support, strategies incentives and measures that will support industries including the CDQ fleets and related but not limited to, Oil & gas, November 15, 2017 RS transportation including Seward Airport, and commercial fishing. • Revievi and recommendation for 2018 PACAB priorities and goals December 6, 2017 • Approve annual Priority List for approval in January • Council designate PACAB for initial vetting of energy options December 20, 2017 8 Memorandum Date: March 24, 20)7 7.7;.7_62.,, To: City Council, Historical Preservation Commission, Planning and aP Zoning Commission,and Port and Commerce Advisory Board From: Johanna Kinney,City Clerk Subj: Motions and Amendments Council, Board Members, and Commissioners, Below is a helpful article on making motions and amendments. Also, the order of events is captured in the minutes. Two examples are included with this memo to show this order. Questions? Let me know,please! Johanna Kinney, CMC City Clerk, City of Seward Post Office Box 167 Seward,Alaska 99664 p: 907.224.4045 e: clerkea.citvofseward.net f: 907.224.4038 w: www.cityofseward.us 8/21 9 How can we be dear about motions and amendments so that all the board and those in the audience understand what the board is voting on? Making a motion and amending it once before voting on the amended motion can usually be handled with no problem. But multiple amendments. retractions and attempts to amend can leave everyone clueless about what the board is actually voting on. The chair should first accept a main motion.ask for a second and then clearly restate the motion. Once seconded, the motion belongs to the entire board and can only be amended by a vote of the board. In other words, five minutes into discussion of the motion,the original maker can't just say"Oh wait. I want to change my motion to ..."and have that become the new motion. Anytime before a final vote on the motion; it can be amended by any member of the board (including the original maker of the motion)as long as two conditions are met: • "The motion must be directly related to the main motion("germane") • The amendment must be seconded by another board member When the motion to amend is made and seconded,the board must deal with the amendment before dealing with the main motion. The board must debate and vote on the amendment only- not the main motion. The board chair must keep everyone on the topic of the amendment. Ifs member begins to comment on the main motion, the chair should rule him or her out of order immediately. After debate,the chair calls fora vote on the amendment. If it passes.the chair restates the motion as amended and opens it up for debate. If the amendment fails, the chair states the motion as originally worded and the board debates the main motion. Once you are back to a main motion, that motion can be amended and the cycle begins again until the main motion is finally voted. While it is possible and allowable under Robert's Rules to have amendments of the second rank,also known as amendments to amendments,any board suffering confusion about motions and amendments is well advised to stick to one amendment at a time. If the board allows only one amendment at a time,and the chair clearly states the full language of the motion,or motion to amend, before and after each vote,confusion can be minimized. Julie Catala, board secretary for Corvallis School District 509.1. has developed a simple (13k tom) for making and amending motions. (Imo: :,,"iv..� ;h., :, .• Med i., I_ IlI.\cnrrecs b.t ird-Opera:iu s'('ol it;li.- cheat-shr_t-li,r-mahino ;notions.pJ('?la-cn) From the Oregon School Boards Association (hUh. v.‘‘w.,,tiha.cvt_kcs uiLe 1r;itl�'1�;. lict �:( Iatit� ui inntiunand anic31Jtnent,.0 : 9/21 10 PRIMARY AMENDMENT EXAMPLE Motion and corresponding actions are color coded Resolution 2017-321, A Resolution Of The City Council Of The City Of Seward,Alaska, Approving The Purchase Of A Hover Board For The Amount Not To Exceed $8,765,432.10. -discussion on the main motion happens here, as well as staff input of requested by the body- Motion od -Motion to Amend(first/second) Amend Resolution 2017-321,striking the original amoant slod inserting Si0,000,000, -discussion on the motion to amend only happens here- Motion to Attend Passed Unnnitnr►tts -more discussion on the main motion can happen here- Motion to Amend (Wells/Fargo) Amend Resolution 2017-321,by adding the words"hot pink" before hover board. --discussion on the amendment only happens here- Motion to Amend Passed Unanimous (this is a vote on the amendment!) -more discussion on the main motion can happen here- (as amended) Congratulations, you are now the proud owner of a ten million dollar hot pink hover board. 0 10/21 11 PRIMARY and SECONDARY AMENDMENT EXAMPLE Motion and corresponding actions are color coded Resolution 2017-321,A Resolution Of The City Council Of The City Of Seward,Alaska, Approving The Purchase Of A Hover Board For The Amount Not To Exceed 58,765,432.10. iniir�n. tn*1t tai:t -=,. --discussion on the main motion happens here, as well as staff input i f requested by the body- Motion to Amend first/second :Amend - - � ) Resolution 2017-321,striking the original mount and icserting S10,090,000. -discussion on the motion to amend only happens here- Motion to Amend Passed `� s ;; IJ iaeiitious -more discussion can happen here- Motion to Amend (Wells/Fargo) Amend Resolution 2017-321,by adding the word "pink"before hover board. -discussion on the amendment only happens here- (clerk note:it is possible to amend an amendment. This is called a secondary amendment. They can be trick,', but a good tip to remember is you can amend the amendment, if it's a completely different change not related to the first amendment, better just save it until after you vote on the original amendment. See next example) Motion to Make Secondary Amendment Amend the Amendment for Resolution (Wesson/Smith) 2017-321, by inserting the words "hot pink"before hover board. -discussion on the secondary amendment only happens here- Motion to Make Secondary Amendment Passed Yes: Smith,Wesson,Wells,Fargo No: Larry, Moe,Curly -more discussion can happen here- Motion to Amend Passed Unanimous(this is a vote on the overall amendment!) -more discussion can happen here- k 3>HO Vo.,tinr, t'st. 4d: i 'H- r,ira�;,; (as amended) Congratulations, you are now the proud owner of a ten million dollar hot pink hover board. 11/21 12 City of Seward,Alaska Port and Commerce Advisory Board Minutes May 3,2017 Volume,Page INFORMATIONAL ITEMS, REPORTS AND PRESENTATIONS 1. Alaska Railroad Monthly Report—None 2. Chamber of Commerce Report 3. Harbor Monthly Report 4. PACAB Goals Calendar 5. Motions and Amendment Memo from City Clerk UNFINISHED BUSINESS—None NEW BUSINESS Approval of April 5, 2017 Minutes. Motion (Jaffa/Hughes) Approve the April 5, 2017 Minutes. Motion Passed Unanimous Resolution 2017-002,Of The Port And Commerce Advisory Board,Recommendations For The South Harbor Uplands Development. Motion (Jaffa/Hughes) Approve Resolution 2017-002,Of The Port And Commerce Advisory Board, Recommendations For The South Harbor Uplands Development. Seward Parks and Recreation Director Karin Sturdy said parking would be a potential issue when the South Harbor Upland was developed. She added that the south side of the uplands was zoned Park. Motion Passed Unanimous Selection of May 17,2017 Work Session Topic, "Recommendation for Housing Options". Motion (Hughes/Jaffa) Cancel the Work Session previously scheduled for May 17, 2017, and instead attend the City Council Work Session scheduled on May 22, 2017 to discuss Housing Options. Motion Passed Unanimous BOARD COMMENTS Andrews hoped to have a good summer. 13 City of Seward,Alaska Port and Commerce Advisory Board Minutes May 3,2017 Volume,Page Hughes was pleased with the progress of the proposed development of the South Harbor Uplands. Jaffa was happy that the challenges that PACAB was currently facing were related to development issues. Schaefermeyer—None CITIZENS' COMMENTS Karin Sturdy spoke as a private citizen,saying the federal government had dredged and built the South Harbor Uplands, and the city had ever since been maintaining it with Enterprise Funds. She said the land was coveted and valuable,and should always be used in ways that garnered the best public use. She believed that any use of this property should be vetted through a process, should support endeavors in the public's interest,and should prohibit uses that were exclusive to the public like private residences and private clubs. BOARD AND ADMINISTRATIVE RESPONSE TO CITIZENS' COMMENTS Regis said the Boat Harbor Plan disallowed private homes. Jaffa agreed that private, exclusive uses tended to create animosity. Schaefermeyer had witnessed in other communities where private developments were allowed to the detriment of the public. ADJOURNMENT The meeting was adjourned at p.m. Brenda J. Ballou, MMC Darryl Schaefermeyer Deputy City Clerk Chair (City Seal) 14 City of Seward,Alaska Port and Commerce Advisory Board Minutes May 3,2017 Volume,Page CALL TO ORDER The May 3, 2017 regular meeting of the Port and Commerce Advisory Board was called to order at 12:00 p.m. by Chair Darryl Schaefermeyer. OPENING CEREMONY Board Member Brooke Andrews led the pledge of allegiance to the flag. ROLL CALL There were present: Darryl Schaefermeyer, presiding, and Bruce Jaffa Carl Hughes Brooke Andrews Comprising a quorum of the Council; and Norm Regis, Harbor Master Brenda Ballou, Deputy City Clerk Absent— Bob Linville, Colby Lawrence, Christy Terry SPECIAL ORDERS, PRESENTATIONS AND REPORTS Alaska Railroad Report Jaffa reminded everyone that the Alaska Railroad was having a Public Meeting on Tuesday, May 9, 2017 at 6:00 p.m. at the cruise ship terminal. Chamber of Commerce Report Harbormaster Report Regis mentioned that the harbor had once again received a Clean Harbor Certification again. He also reported that Alaska Fish & Game was funding the ramp replacement, and the city was prepared with a 25%match and would be approving the design. Administration Report—None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING—None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Jaffa/Andrews) Approval of Agenda and Consent Agenda Motion Passed Unanimous There were no consent agenda items. 15 2017 PORT & HARBOR TARIFF REGULATIONS RULES, RATES, CHARGES & REGULATIONS FOR PORT AND HARBOR FACILITIES AT CITY OF SEWARD, ALASKA SEWARD BOAT HARBOR, SEWARD MARINE INDUSTRIAL CENTER & SHIP LIFT SYSTEM CITY OF SEWARD PO BOX 167 SEWARD, AK 99664 • of stip 0 i U jri _9 i�R 4�ASKP Port and Harbor Tarifj'Regulations City of Seward,Alaska Effective January 1,20/7 16 TABLE OF CONTENTS PREFACE Tariff Revisions Forms Explanation of Abbreviations and Characters That May Appear in Tariff NOTICE TO PUBLIC SECTION I-GENERAL RULES AND REGULATIONS 100 DEFINITIONS-GENERAL 1 105 APPLICATION OF TARIFF 2 (a) General Application of Tariff (b) Tariff Effective (c) Acceptance of Tariff (d) Reservation of Agreement Rights (e) Compliance with Conditions of Docking and Facility Use 110 APPLICATION OF RATES 2 115 INSURANCE 3 120 RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE 3 (a) Responsibility for Charges (b) Prepayment,Time of Prepayment,Acceptable Security,Refund of Excess (c) Waiver of Prepayment Requirement (d) Charges on Delinquent Accounts 125 LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY 4 (a) Responsibility Limited (b) Indemnity (c) Owner's Risk 130 RIGHTS OF THE CITY OF SEWARD 5 (a) Access to Harbor or Port Facilities (b) Right to Refuse Cargo (c) Right to Schedule Vessels and Cargo (d) Right to Remove,Transfer or Warehouse Cargo (e) Right to Withhold Deliver of Freight (0 Right to Sell for Unpaid Charges (g) Explosives (h) Right to Remove,Transfer or Rearrange Vessels (i) Right to Remove Materials or Equipment from City Dock or Terminal Facilities 135 REQUESTS AND COMPLAINTS 7 140 DELAYS-NO WAIVER OF CHARGES 7 Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2017 17 145 MANIFESTS REQUIRED OF VESSELS 7 150 SAFETY,SANITATION AND HOUSEKEEPING 7 (a) Safety and Sanitation (b) Notice of Hazardous Cargo and Permit Requirements (c) Responsibility for Housekeeping (d) Smoking Prohibited (e) Used Oil and Petroleum Products 155 RESPONSIBILITY FOR PROPERTY DAMAGE 8 160 BULK PETROLEUM PRODUCTS 8 (a) Application of Tariff (b) Clearing and Heating Petroleum Lines (c) Regulations Governing Petroleum Products (d) Housekeeping SECTION II-SERVICES AND CHARGES 200 MOORAGE 9 Outside the Boat Harbor Within the Boat Harbor (a) Assignment of Berths (b) Waiting List for Reserved Slip Assignment (c) Reserved Slip Assignments (d) Grace Period for Late Renewals (e) New Reserved Slip Assignment (f) Reserved and Temporary(Transient)Slip Assignments (g) Notice Upon Arrival (h) Vessel Registration 205 MOORAGE RATES I I (a) Calculation of Moorage Rates (b) Automatic Annual Adjustment in Moorage Rates (c) Transient(Guest)Daily Rates (d) Moorage Rates for Slip Assignments (e) Float Plane Fees 210 DOCKAGE 12 (a) Dockage Period (b) Basis for Computing Charges (c) Vessels Docked to Repair, Shore,Outfit or Fumigate (d) Preference to Reserved Dock Use (e) Berth May be Granted Before Payment (f) Charges on Vessel Shifting (g) Charges to Assisting Vessels (h) Notice of Hazardous Cargo and Permit Requirement (i) Dockside Lay Time 215 DOCKAGE RATES 14 Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2017 18 (a) Daily Dockage Rate (b) Monthly Dockage Rate (c) Automatic Annual Adjustment in Dockage Rates 220 HANDLING,LOADING AND UNLOADING 15 225 LABOR AND SERVICE CHARGES 15 (a) Specific Services (b) Labor/Personnel (c) Equipment (d) Special Services (e) Miscellaneous Charges 230 PASSENGER FEES 18 (a) Fee (b) Filing of Forms and Payment (c) Failure to File 231 CAPITAL RENEWAL AND REPLACEMENT FEE 18 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES 18 240 BOAT LAUNCH RAMP FEES 19 (a) Operating Policy (b) Launch Fees 245 PUBLIC SHOWERS 19 250 50-TON TRAVELIFT 19 (a) Operating Policy (b) Boat Lift Agreement (c) Responsibilities (d) Dockside Lay Time 255 50-TON TRAVELIFT FEES 20 (a) Description of Charge (b) Lift Fee 260 330-TON TRAVELIFT 20 (a) Operating Policy (b) Boat Lift Agreement (c) Responsibilities (d) Dockside Lay Time 265 330-TON TRAVELIFT FEES 21 (a) Description of Charge (b) Lift Fee 270 CRANE FEE 23 (a) Description of Charge (1) Individual User Fee (2) Commercial/Permit user fee Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1.2017 19 (3) Fee for proficiency training (4) Individual Annual Crane Card Fee (5) Commercial/Permit Holder Annual Crane Card Fee (6) Crane Card Replacement (7) Crane Usage Fee 275 SHIPLIFT FEE 24 (a) Description of Charge (b) Lift Fee (c) Basis for Computing Charges (d) Preference to Reserved Use (e) Berth May be Granted Before Payment (1) Inspection of Vessels on the Shiplift Platform (g) Repairs to Vessels on the Shiplift System (h) Notice of Hazardous Cargo and Permit Requirement (i) Dockside Lay Time (j) Lift Fee Rates 280 DAILY SHIPLIFT LAY CHARGE 25 (a) Description of Charge (b) Lay Fee (c) Basis for Computing Charges (d) Rate 285 UPLAND STORAGE 26 (a) Area of Land Available (b) Calculation of Rates (c) Lay Time Rates (d) Empty Cradles/Trailers 290 WHARFAGE 26 (a) Application of Charge (b) Overside (c) Overstowed Cargo 295 WHARFAGE RATES 27 (a) Schedule of Standard Rates (b) Discount Rates Based on Guaranteed Payments 300 WHARF DEMURRAGE 28 (a) Description of Charge (b) Calculation of Free Time (c) Free Time (d) Rates (e) Lay-Down Areas LEGISLATIVE HISTORY Port and Harbor Tariff Regulations City of Seward,Alaska Effective January I,2017 20 City Docks and Terminal Facilities 28 Seward Marine Industrial Center(SMIC)Shiplift System 31 TRANSIENT RATES Appendix A RESERVED RATES Appendix B Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1.2017 21 PREFACE The purpose of this document is to provide,in a complete but condensed format for public review,the terms,conditions, rules,regulations,charges,and rates comprising the City of Seward Port and Harbor Tariff,as approved from time to time by the Seward City Council.Although some text has been rearranged for the purpose of clarification,it does not reflect any substantive changes to the actual tariff. This document contains,but is not limited to, the City of Seward Terminal Tariff No. 100 as filed with the Federal Maritime Commission. Tariff Revisions The City of Seward Port and Harbor Tariff may be revised in whole or in part from time to time.Upon such revision,the amended page(s)will show the date of revision in the lower left corner.Requests for missing pages or additional copies of the tariff may be directed to the Seward City Clerk. Forms All forms referenced in this document may be obtained from the Seward City Clerk's Office or the Harbormaster's Office. Shiplift/SyncroLift forms are available at Vigor Alaska—Seward,LLC office at the Marine Industrial Center.These forms include,but are not limited to,Vessel Moorage Application,and supplements thereto;Application and Agreement for Reserved Moorage;Application and Agreement for Transient Moorage;Boat Lift Agreement;Vessel Shiplifi Use Application,and Supplements thereto;Shiplift System Use Permit;Terminal Use Permit;Prepayment Agreement;and Uplands Storage Agreement. Explanation of Abbreviations and Characters That May Appear in Tariff b.m. board measure lgth. length bbl. barrel m.b.m. 1,000 ft.board measure bdl. bundle meas. measure crt. crate min. minimum cs. case misc. miscellaneous ctn. carton m.t. metric ton cu.ft. cubic foot or feet no. number ea. each N.O.S. not otherwise specified herein f.f. folded flat pkg. package F.M.C. Federal Maritime Commission sq.ft. square foot or feet gals. gallons stg. storage hdlg. handling U.S. United States of America inc. including,inclusive or incorporated w.t. weight ton of 2,000 lbs. l.c.l. less than carload w/m weight ton of 2,000 lbs.or cubic ton of 40 cubic feet ldg. loading yd. yard Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2017 22 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 Port and Harbor Tariff,the public,shippers,consignees and carriers using City of Seward facilities should consult and be aware 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. Port and Harbor TariffRegulations City of Seward,Alaska Effective January 1,2017 23 SECTION I - GENERAL RULES AND REGULATIONS 100 DEFINITIONS-GENERAL (a) General Terms.Unless provided otherwise in this tariff,applicable definitions set forth in 46 CFR§515.6 shall control. (b) City Docks.The city docks of the City of Seward include all docks,floats,slips,wharves,ramps,piers, bulkheads,dolphins and sea walls owned or operated by the City of Seward. (c) Float;Float System.Those portions of the city docks located within the Boat Harbor that rise and fall with the tide,including the pilings,ramps,ladders and utility connections. (d) Holidays.In this tariff,whenever reference is made to holidays,the following days are included:New Year's Day,President's Day,Seward's Day,Memorial Day,Independence Day,Labor Day,Alaska Day, Veterans Day, Thanksgiving Day, 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 purposes of this tariff. (e) Permit Holder. A person or business that has a valid Shiplift System Use Permit issued by the City of Seward.(See"Forms"in the preface of this document.) (f) 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. (g) Port ofSeward.The Port of Seward comprises the Boat Harbor,the Shiplift System and all city docks and terminal facilities located within the corporate limits of the City of Seward. (h) Slip.A moorage location within the float system of the Boat Harbor.A slip does not include the float or forger of the float,but only the spaces between or adjacent to it. (i) Shiplifl System. The shiplift located at the Seward Marine Industrial Center and the adjacent rail side transfer system. (j) 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. (k) Vessel.In this tariff,whenever reference is made to a"vessel",the term shall mean any ship or barge,self- propelled or other than self-propelled. (1) Moorage.Moorage is the charge assessed to a vessel for berthing in a slip,on a transient dock,or for tying to a vessel so moored in the boat harbor or other terminal facilities. (m) Dockage.Dockage is the charge assessed to a vessel for docking at a city dock or terminal facility or for tying to a vessel so docked.(Sometimes identified as"moorage"). (n) Handling.Handling means the service of physically moving cargo between point of rest and any place on the terminal facility other than the end of a ship's tackle. Port and Harbor TariffRegulations City of Seward,Alaska Effective January 1,2017 / 24 (o) Loading and Unloading. Loading and unloading means the service of loading or unloading cargo between any place on the terminal and railroad cars,trucks,lighters or barges or any other means of conveyance to or from the terminal facility. (p) Wharfage.Wharfage is the charge assessed against any freight placed in a transit shed or on a wharf;or passing through,over or under a wharf;or transferred between vessels;or loaded to or unloaded from a vessel at a wharf regardless of whether or not a wharf is used.Wharfage is solely the charge for use of a wharf and does not include handling,sorting,piling of freight or charges for any other services. (q) Demurrage.A charge assessed against cargo remaining in or on terminal facilities after the expiration of free time,unless arrangements have been made for storage. (r) Free Time. The specified period during which cargo may occupy space assigned to it on terminal property, free of wharf demurrage or terminal storage charges, immediately prior to the loading or subsequent to the discharge of such cargo on or off the vessel. 105 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 certain terminal facilities under the jurisdiction and control of the City of Seward, merchandise received at or shipped from the facilities or properties operated under the jurisdiction and control of the City of Seward,and specifically to municipal docks,structures appurtenant thereto and waterways under the management of the City of Seward. The rates, charges, rules and regulations herein may apply to the Seward Boat Harbor,the harbor bounded by the rubble breakwater at the northwestern head of Resurrection Bay(Boat Harbor);the Seward Marine Industrial Center(SMIC), including yards,basin,docks,dolphins,330-ton Travelift,and shiplift platform;and any other terminal facilities under the jurisdiction and control of the City of Seward. (b) TariffEffective.Rates,charges,rules and regulations named in this tariff and any additions,revisions,or supplements thereto shall apply to all vessels or users and to all freight received at facilities subject to this tariff on and after revisions,or supplements thereto for which contract rates have not been arranged. Unless otherwise specified all transit freight received at terminals and undelivered prior to effective dates of tariff,revisions,or supplements thereto,shall be charged the rates in effect on the date such freight was received until entire lot or shipment has been withdrawn. (c) Acceptance of Tariff'Use of the docks and terminal facilities of the City of Seward shall be deemed an acceptance of this tariff and the terms and conditions named herein. (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 relations of all parties concerned. (e) Compliance with Conditions of Docking and Facility Use.Use of city docks and terminal facilities and the acceptance of services shall conform to conditions of docking and facility use set forth herein.Only those operators who have a valid shiplift system use permit shall have access to the shiplift system. 110 APPLICATION OF RATES (a) Except as otherwise provided herein,rates apply per 2,000 lbs.,or per 40 cubic feet as rated by ocean carrier,or per I,000 feet board measure,or 42 gallons per barrel of bulk petroleum products corrected to 60 degrees Fahrenheit net,or 376 lbs.per barrel of bulk cement. (b) Rates provided for commodities herein are specific and may not be applied by analogy.If rates are not provided for specific commodities,rates to be applied are those established for"Freight N.O.S." Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2017 2 25 115 INSURANCE 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 city docks, shiplift system,or terminal facilities.If the City does acquire any such insurance,the charges for that insurance shall be in addition to fees described in this tariff. 120 RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE (a) Responsibility for Charges.The vessel,its owner or agents,shippers or consignees,owner of the cargo on the vessel, and, in the case of shiplift operation, the permit holder 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,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 docks,shiplift and other terminal facilities are due and payable in cash in advance of such services or use,as follows: (1) For all charges attributable to the vessel from its owners or agents before a vessel commences its loading or discharging. (2) For all charges attributable to the vessel from the permit holder before a vessel enters the shiplift system. (3) For all charges attributable to the cargo from a vessel owner, charterer, shipper or consignee before the cargo leaves the city docks or terminal facilities. (4) For all charges on perishable goods or freight of doubtful value or household goods. 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,shall be promptly refunded by the City of Seward to the posting party. (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 responsible for such charges has been identified to the satisfaction of the Harbormaster and (1) That party responsible has established credit worthiness acceptable to the Harbormaster;or (2) The pennit holder has established credit worthiness acceptable to the Harbormaster;or (3) Adequate security,acceptable to the Harbormaster,has been posted;or (4) The agent requesting terminal services or use or any other entity acceptable to the Harbormaster as credit worthy has personally accepted financial responsibility for the applicable charges. The City of Seward retains the right,in its sole discretion,to determine whether a responsible party or an agent is credit worthy,and to waive the cash-in-advance requirement.The City may establish guidelines for 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. Port and Harbor TariifRegulations City of Seward,Alaska Effective January 1,2017 26 (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 expenses, including legal expenses, litigation costs, or costs of agents employed to effect collection shall also be assessed to,and payable by such accounts. 125 LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY (a) Responsibility Limited.Generally,no persons other than employees of the holders of authorized terminal use permits shall be permitted to perform any services on the wharves or docks,or in any other terminal facility of the City of Seward,except upon written authorization of the Harbormaster.No persons other than employees of the holders of authorized 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 city docks,shiplift system,or terminal facilities,nor shall they be liable for any loss,damage, or theft occasioned by such persons'presence on the city docks,shiplift system,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,weevils or other insects;leakage or discharge from fire protection systems;collapse of buildings or structures;breakdown of plant protection systems;breakdown of plant or machinery or equipment;or by floats,logs,piling or camel logs required in breasting vessels away from a wharf;nor will they be answerable for any loss or damage or delay arising from insurrection, shortage of labor,combinations,riots or strikes of any persons in their employ or in the service of others, or from any consequences arising therefrom, except that the City of Seward shall be liable for any portion of loss or damage that is directly caused by its own negligence. Ship!ift System.The City of Seward,its employees and agents make 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. 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. (b) Indemnity.Each user,permit holder,vessel,vessel owner and its agents,shippers or consignees shall indemnify,defend 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 only for those caused by the City's own negligence. (c) Owner's Risk.All of the following shall be at the owner's risk except for those damages caused by the City's own negligence: (1) Glass,liquids and fragile articles will be accepted only at owner's risk for breakage,leakage or chafing. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2017 4 27 (2) Freight on open ground is at owner's risk for loss or damage. (3) Freight subject to freezing will be accepted only at owner's risk. (4) 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. (5) Any vessel utilizing the shiplift system is at owner's risk for loss or damage. 130 RIGHTS OF THE 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 any city dock or terminal facility by any person or vessel or to remove any vessel,person or cargo at any time from any city dock or terminal facility,including the shiplift system.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; (2) The vessel is unsafe or hazardous and may pose a risk to life or property; (3) 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 city dock or terminal facilities; • (4) During periods 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 dock or terminal facilities,or any portion of them,from providing customary services to the public. (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 or any vehicle delivering to the terminal facilities to discharge: (1) Cargo for which previous arrangements for space,receiving,unloading or handling has not been made with the Harbormaster by shipper,consignee or vessel. (2) Cargo not suitably packed for safe transportation. (3) Cargo deemed by the Harbormaster,in the reasonable exercise of his discretion,to be 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, is 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 any harbor or port facility by person or vessel or to remove any vessel,person or cargo at any time from any city dock or terminal facility,including the shiplifl system,in order to provide Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2017 5 28 for efficient operation of the city docks or terminal facilities and promote the objectives of the Seward City 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 other cargo or city dock or terminal facilities.The cargo may be removed from its present location to any other location with all expenses and risk of loss or damage to be the responsibility of the owner,shipper or consignee. (2) Cargoes 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,and all expense of removal and risk of loss or damage shall be the responsibility of the owner,shipper, consignee or vessel as responsibility may appear on shipping documents, manifests or other sources. (e) Right to Withhold Deliver 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 warehouses,and all cost of removal and subsequent handling and storage shall be the responsibility 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,provided 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,provided the owner has been given proper notice to pay charges and to remove said freight and has neglected or failed to do so within a prescribed reasonable time. (g) Explosives.The City of Seward shall not allow the acceptance,handling or storage of explosives within the confines of the Port of Seward without prior arrangement with the Harbormaster and as 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 Cargo.In his discretion,the Harbormaster shall at all times have the right to immediately remove any hazardous or offensive vessel,or any vessel containing hazardous cargo,or any vessel containing cargo which by its nature is liable to damage other vessels or other cargo or harbor or port facilities. The vessel may be removed from its present location to any other location,and all expenses and risk of loss or damage shall be the responsibility of the owner,shipper or consignee. (2) Vessel Beyond Free Time.Any vessel remaining at city dock or terminal facilities after expiration of any applicable free time may be removed to any other public or private facility and all expenses of removal and risk of loss or damage shall be the responsibility of the owner,shipper,consignee or vessel. (3) Movement of Vessels to Reduce Congestion or Maximize Services. In his discretion, the Harbormaster shall at all times have the right to move or rearrange any vessel from its present location to any other location in order to reduce congestion within the harbor or to prevent disruption of customary services to the public. (i) Right to Remove Materials or Equipment from City Dock or Terminal Facilities. Any materials, equipment,trash,or other items left on or about any city dock or terminal facility may be removed by the Harbormaster at any time, and all expense of removal and risk of loss or damage shall be the Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2017 6 29 responsibility of the vessel that last occupied the facility or the owner,shipper or consignee of the vessel as responsibility may appear on shipping documents,manifests or other sources. 135 REQUESTS AND COMPLAINTS Any shipper,vessel or vessel agent may make requests and complaints by filing a written statement with the Harbormaster,City of Seward,P.O.Box 167,Seward,Alaska 99664. 140 DELAYS-NO WAIVER OF CHARGES Delays in loading,unloading,receiving or delivering freight,moorage of vessels,or receiving,discharging, lifting,or transferring vessels on the shiplift system or Travelift as a result of harbor congestion,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 owners,shippers,consignees or carriers of the freight or vessel, or the permit holder, from full service, wharf demurrage,moorage or other charges or expenses which may be incurred under conditions stated herein. 145 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 consignees 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 authorized official of the company and must also designate the basis of 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.The Harbormaster may require masters,owners,agents,operators and/or permit holders to execute a moorage application containing descriptions of the following items:(i)fuel;(ii)ballast;(iii)water; (iv)cargo;and(v)structural details for lift. 150 SAFETY,SANITATION AND HOUSEKEEPING (a) Safety and Sanitation.All users of city docks and terminal facilities and all permit holders of the shiplift system shall exercise due care for the protection of life and property and the protection of the public from injury or damage. Additional safety and sanitation rules applicable to docks and terminal facilities,including the shiplift system,should be consulted.Portions of the City of Seward Code of Ordinances of particular relevance include Chapter 9.15(Fire Prevention and 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 of America,including those adopted by international treaty, apply to city docks and terminal facilities, including the shiplift system. All users, including shippers,permit holders,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) Notice ofHazardous Cargo and Permit Requirements.Notice shall be given to the Harbormaster 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 24 hours prior to landing or use of docks.The Harbormaster, at his sole discretion, may issue a permit for dock use if he fmds that sufficient precautions have been taken to minimize any potential risks presented by such cargo. Port and Harbor TarifRegulations City of Seward,Alaska Effective January 1,2017 30 (c) Responsibility for Housekeeping.Users of docks and other terminal facilities,including permit holders of the shiplift system, 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 225 of this tariff. (d) Smoking Prohibited.No smoking shall be allowed on any wharf,pier,or the shiplift system,or in any facility, warehouse or transit shed,except in approved areas specifically designated for that purpose. Persons violating this rule may be barred,at the discretion of the Harbormaster,from the further use of any wharf or facility,including the shiplift system,and,in addition,shall be subject to prosecution under applicable federal,state and municipal laws. (e) Used/Waste Oil and Petroleum Products.All used/waste oil and petroleum products must be properly disposed of by the vessel/owner.The City of Seward offers a limited ability to take small quantities of used oil and petroleum products as a convenience to the boating public.Up to five gallons of used oil and petroleum products will be accepted by the City in the approved and designated facilities on shore. There shall be no storage,even of a temporary nature,of used/waste oil or petroleum products on city docks,wharves,piers or forger floats.Any vessel/owner/agent storing or disposing of used/waste oil in an inappropriate or illegal manner may be barred from further use of the Seward Boat Harbor and/or penalized according to the provisions of federal,state and local law.Larger quantities of used oil maybe accepted by the Harbormaster upon prior arrangement by written approval on a case-by-case basis with applicable charges assessed for disposal. 155 RESPONSIBILITY FOR PROPERTY DAMAGE Users,including permit holders,damaging city docks,the shiplift system or any other property of the City of Seward will be responsible for the cost of repairs. The user or permit holder will be billed for repairs to damaged property at cost,including overhead. 160 BULK PETROLEUM PRODUCTS (a) Application of Tariff Except as otherwise provided in this section, the rates, rules and regulations published in other sections of this tariff apply to vessels,shippers and consignees of bulk petroleum products. (b) Clearing and Heating Petroleum Lines.Shippers,consignees or vessels and persons in charge thereof are responsible for providing steam or other heating means to assure the proper flow of asphalt and other petroleum products requiring heat.Shippers,consignees or vessels and persons in charge thereof will be responsible for clearing all petroleum products from lines located on or adjacent to any terminal facility after a vessel completes loading or discharging unless otherwise authorized by the Harbormaster. In the event the City of Seward performs any of the above named services,rates shall be charged in accordance with Subsection 225 of this tariff and billed to the shipper,consignee or vessel. (c) Regulations Governing Petroleum Products.The transfer of bulk petroleum products shall be made in compliance with Seward City Code provisions,including Chapter 9.15(Fire Prevention and the Uniform Fire Code),as well as other local,state and federal laws,rules or regulations. (d) Housekeeping.Flammable liquids and all hydrocarbons leaked or spilled on 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 vessel or consignee. Should leakage or spillage of flammable liquids or hydrocarbons occur on the shiplift system,the permit holder shall be responsible to see that said leakage or spillage is cleaned up immediately. Port and Harbor TariffRegulations City of Seward,Alaska Effective January 1,2017 8 31 SECTION II - SERVICES AND CHARGES 200 MOORAGE Outside the Boat Harbor: Vessels berthing or departing city docks,wharves,or any other terminal facility, including the shiplift system, must use sufficient tugs so that vessels can be berthed or removed in a safe manner.Berthing speed shall not exceed sixteen feet per minute,unless approved by the Harbormaster. Within the Boat Harbor: (a) Assignment ofBerths.The Boat Harbor is often congested and it is the policy of the City of Seward to provide for the maximum public use of available facilities.The Harbormaster shall have discretion to implement that policy. Berth assignments to particular slips on the City of Seward float system are made by the Harbormaster. Berth assignments are made to a particular combination of vessel and owner/operator,are not assignable by the owner/operator and automatically expire upon sale or transfer of the vessel to another owner/operator. A berth assignment is not a lease or an exclusive right to occupy any particular slip.In order to maximize the public's use of existing facilities,it is common for the Harbormaster to temporarily assign vessels to slips normally used by another vessel when that vessel is out of the harbor. (b) Waiting List for Reserved Slip Assignment. Due to the demand for slips on the City of Seward float system,vessels will be assigned reserved slips based on waiting lists maintained by the Harbormaster's office.Separate waiting lists shall be maintained for the following size floats: 23 feet(accommodates vessel 19 to 26 feet) 32 feet(accommodates vessel 27 to 36 feet) 40 feet(accommodates vessel 37 to 44 feet) 50 feet(accommodates vessel 45 to 54 feet) 60 feet(accommodates vessel 55 to 64 feet) 75 feet(accommodates vessel 65 to 79 feet) 90 feet(accommodates vessel 80 to 94 feet) 100 feet(accommodates vessel 95 to 104 feet) 105 feet or longer-side tie only-up to 150 feet Assignments to a reserved slip from the waiting lists shall be made by the Harbormaster based on the slip size available and the most senior name on the waiting list for that size slip. There is a fee of THIRTY-ONE DOLLARS AND FIFTY CENTS($31.50)per year per listing on the waiting list(s)for a reserved slip assignment.The wait list year runs November 1"through October 31st. (c) Reserved Slip Assignments (1) The Harbormaster may assign a specific slip on the City of Seward float system within the Boat Harbor to a particular vessel on a semi-annual basis. (2) A reserved slip assignment to a vessel is not a lease or right to occupy a particular slip and may not be assigned. (3) To maximize the use of the Boat Harbor,a reserved assigned slip may be assigned to a transient vessel when the reserved assigned owner/vessel is out of the harbor. (4) Upon the return of the reserved assigned vessel to the Boat Harbor(provided proper notifications are given and based on harbor congestion and the difficulties involved in moving vessels),the Harbormaster will attempt to rearrange vessels so that a vessel with a reserved slip assignment may berth at that assigned slip. Port and Harbor TarifRegulations City of Seward,Alaska Effective January 1,2017 9 32 (5) A vessel assigned a reserved slip assignment must notify the Harbormaster when departing the harbor for more than five(5)days.If away from Seward for more than five(5)days,a reserved assigned vessel should notify the Harbormaster of its intended arrival date and time back into the Boat Harbor. (d) Grace Period for Late Renewals.A reserved slip holder who fails to renew by the due date may renew any time in the next fifteen(15)days rather than relinquish the slip,provided that(1)both parties agree, (2)all other reserved moorage requirements are met,and(3)the applicable transient rate is paid on or before the fifteen(15)days has expired. (e) New Reserved Slip Assignment.For a new reserved slip moorage agreement entered into after January 1" or July 1st,the following rules and charges apply: (1) If the customer has already paid for transient moorage,the customer charges will be converted from transient charges to reserved tenant charges on the effective date of the slip assignment.The reserved tenant moorage fee shall be charged on a pro-rated basis and is due in full on the date of the slip assignment. (2) If the customer is new to the harbor and has not paid any moorage fees,the reserved moorage fee shall be charged on a prorated basis and is due in full on the date of the slip assignment. (3) As stated in paragraphs(e)(1)and(2)above,pro-rated basis shall be calculated by dividing the semi-annual moorage amount by 6, and charging the new tenant 1/6"' of the reserved tenant moorage rate per calendar month for the remainder of the moorage agreement.If a slip assignment occurs during a calendar month,the partial month will be charged the lesser of the daily rate or 1/6th the semi-annual amount. (f) Reserved and Temporary(Transient)Slip Assignments.There are two types of slip assignments at the City of Seward Boat Harbor. The first is a reserved assigned slip and the second is a transient slip. Reserved Slips that are assigned to a boat/owner may be used for transient moorage when the reserved assigned vessel is away from the slip. (g) Notice Upon Arrival.All vessels should notify the Seward Boat Harbor office prior to arrival. Those vessels which have received reserved assigned slips should notify the Harbormaster's office twenty-four (24)hours prior to expected arrival to allow the harbor staff time to free the slip.If,despite reasonable efforts,the Harbormaster is unable to clear a reserved assigned slip due to congestion,high winds or safety considerations, a vessel with a reserved assigned slip may be required to temporarily use a transient slip or float as directed by the Harbormaster. Vessels entering the Boat Harbor which have not, for any reason,received a berthing assignment by radio contact or otherwise shall be restricted to the following areas:west side of X float;south side of F float;L float;R float;I dock;and T dock. If, as is frequently the case during periods of congestion, all of the above berths are full,a vessel is permitted to raft to a vessel already berthed. (h) Vessel Registration.All vessels must have a current registration form(Application and Agreement for Transient Moorage)on file with the Harbormaster.These forms must be filed immediately upon arrival at the Boat Harbor.However,vessels that arrive after normal Harbormaster office hours must register before 10:00 a.m.the following day. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2017 ;n 33 205 MOORAGE RATES (a) Calculation ofMoorage Rates.Moorage charges shall commence when a vessel is made fast to a wharf, pier or other facility,or when a vessel is moored to another vessel so berthed("rafting").Charges shall continue until such vessel is completely freed from and has vacated the berth. A vessel berthed at any time between 12:01 a.m.and midnight shall be charged a full day's charge.The Harbormaster may,in his sole discretion,waive a daily charge for a vessel provided that: (1) Notice is made in writing prior to mooring in the Seward Boat Harbor, (2) Vessel stay is no more than 4 hours,and (3) Harbormaster determines that congestion and use of the public facilities by others will not be adversely affected. The City of Seward retains the right,in its sole discretion,to determine whether a vessel berthed at any time will be charged a full day's charge. Moorage charges shall be calculated on the overall length of the vessel or the length of the float(slip) assigned,whichever is greater. (b) Automatic Annual Adjustment in Moorage Rates.All moorage rates shall be adjusted annually so as to be effective as of January 1$', to reflect the five previous published years' average increase in the Consumer Price Index,All Items,1982-84=100 for all Urban Consumers,Anchorage,Alaska("CPI")as published by the United States Department of Labor,Bureau of Labor Statistics.Bills sent out prior to January 1t will reflect the upcoming January 1st adjusted rates. (For example, 2017 rates reflect an increase based on the average CPI for 2010-2014). Overall length 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.The length shall include all hull attachments,such as bowsprits,dinghies,davits,etc. For billing purposes,overall length of the vessel as published in"Lloyd's Register of Shipping"may be used.The City of Seward reserves the right to: (I) Obtain the overall length from the vessel's register;or, (2) Measure the vessel. (c) Transient(Guest)Daily Rates.With the exception of vessel owner/operators who have paid an annual, semi-annual,or monthly fee in advance,all temporary or transient moorage charges shall be calculated on the daily rate. The daily rate shall be $0.76 per lineal foot of overall length of the vessel. (See Appendix A for a listing of Transient Moorage Rates according to vessel length): (1) Transient(Guest)Annual Rate.The Annual Rate shall be$56.14 per lineal foot. (2) Semi-Annual Rate.At the option of the vessel owner/operator,the annual moorage fee may be paid in two equal semi-annual installments of sixty percent(60%)of the annual rate established above.Each prepaid installment described in this Paragraph represents six(6)calendar months. The first installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for Transient Moorage,and on or before the first day of any calendar month.The second installment is due on or before the first day of the calendar month six (6) months thereafter. (3) Monthly Rate.At the option of the vessel owner/operator,the annual moorage fee may be paid in twelve equal monthly installments of eighteen percent(18%)of the annual rate established above. Each prepaid installment described in this Paragraph represents one (1) month. The first installment is due and payable on the date the vessel owner/operator completes the Application Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2017 /1 34 and Agreement for Moorage.The succeeding payments are due on or before the same day of each succeeding calendar month. (d) Reserved Moorage Rates for Slip Assignments. Moorage charges shall commence on the date a slip assignment is accepted.Charges shall continue until the holder ceases to have a qualifying interest in a vessel suitable for the assigned space, until the holder's death, or until the holder's voluntary or involuntarily relinquishment of the space.Prepayment of moorage is required.(See Appendix B for a listing of moorage rates according to vessel length). (1) The vessel owner/operator must complete an Application and Agreement for Reserved Moorage in the form provided by the City. (2) Renewal Rate.The vessel owner/operator,if agreed by both parties,can renew his contract on or before June 30'"and December 31"and pay the Renewal Rate based on the length of the vessel, or,the length of the slip,whichever is greater.The Renewal Rate shall be$25.51 per lineal foot. (3) Monthly Rate. At the option of the vessel owner/operator, the moorage fee may be paid in monthly installments of thirty-six percent (36%) of the rate established above. Each prepaid installment described in this Paragraph represents one(1)month.The first installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for Moorage.The succeeding payments are due on or before the same day of each calendar month. (4) All reserved assigned berths are assigned on a six (6) month basis. Prepayment of a full six month's charges is due on or before December 31" or June 30th, respectively. A vessel owner/operator may also elect to prepay the Renewal moorage fee in monthly installments,each of which represents thirty-six percent(36%)of the Renewal fee. (e) Float Plane Fees.A fee in the amount of TWENTY-SIX DOLLARS AND TWENTY-FIVE CENTS ($26.25)per day shall be charged for float plane berthing in the confines of the Boat Harbor. 210 DOCKAGE (a) Dockage Period.Dockage shall commence when a vessel is made fast to a wharf,pier or other facility, or when a vessel is moored to another vessel so berthed, and shall continue until such vessel is completely freed from and has vacated the berth.No deductions will be made for Sundays or holidays. (b) Basis for Computing Charges. Dockage charges will be assessed on the overall length of the vessel. Overall length 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 dockage billing purposes,overall length of the vessel as published in"Lloyd's Register of Shipping" will be used.If no such figure appears in"Lloyd's Register",the City of Seward reserves the right to: (1) Obtain the overall length from the vessel's register;or, (2) Measure the vessel. (c) Vessels Docked to Repair,Shore,Outfit or Fumigate.The shiplift dock,adjacent and to the north of the shiplift system, was constructed and intended primarily to be used for ship repair and maintenance. Vessels being repaired by ship repair and maintenance businesses occupying upland facilities at the Seward Marine Industrial Center will therefore be preferred over cargo operations.Full dockage will be charged if and when a vessel is permitted to make repairs or alterations,shore for special freight,outfit, store or fumigate while docked at a City dock or terminal facility. (d) Preference to Reserved Dock Use.A vessel may be permitted to berth at a City dock or terminal facility of the City of Seward without having first made written application for a berth assignment and without such an assignment having been granted.However,priority is given to City dock use reserved in advance Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2017 I' 35 with the Harbormaster.Further,any vessel seeking a berth at a city dock for a period longer than six(6) hours must complete, within twenty-four (24) hours of arrival in the harbor, an Application and Agreement for Transient Moorage(see"Forms"in the preface of this document),or have a current copy of same on file in the office of the Harbormaster. Any vessel planning to remain at a city dock for a period of less than six(6)hours must notify the Harbormaster's office of such plan prior to arrival in the harbor. The City docks in the Boat Harbor include those adjacent to the fish processor's on-shore facilities, including the licensed dock area.The dock is to be used fust for receiving and delivery of fish and fish products to the processor's on-shore facilities.In addition,the East SMIC Dock is to be used first for receiving and delivery of fish and fish products to the processor's on-shore facilities. Reservations remain effective if such use begins within twenty-four(24)hours of the scheduled use or landing. Late use or arrival will be rescheduled on a space available basis.Reservation of dock use must specify arrival and departure dates and the nature and quantity of the freight to be loaded or discharged. A vessel or vessel agent may secure reserved dock space under the following conditions: (1) Request for reservation is made on a Vessel Moorage Application(see"Forms"in the preface of this document),indicating berth and date(s)requested. (2) Reservation request must be received by the Harbormaster a minimum of seven(7)days prior to anticipated vessel arrival. (3) The vessel agent or other person requesting a berth("berthing agent")must provide,as may be requested by the Harbormaster as a part of the berthing process,to the extent of his knowledge,all information called for by any Supplement to Vessel Moorage Application(see"Fonns"in the preface of this document)or any other information respecting the vessel including,but not limited to,its estimated arrival and departure,amount(s)and type(s)of cargo to be loaded/discharged, estimate of amount of each category of port charges, as enumerated, and party responsible therefor.The submission of this form,signed by the berthing agent,shall constitute the berthing agent's attestation as to the accuracy of the information therein supplied,based upon and to the extent of information made available to the berthing agent at the time of submission; and the berthing agent shall be held personally liable to the City of Seward for any fmancial loss suffered by the City of Seward as a result of the agent's failure to so report accurately. Should the berthing agent, 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 Moorage Application with the Harbormaster. (4) Harbormaster will determine availability of dock space and dates requested.Should scheduling conflicts be found,the Harbormaster shall mediate a resolution which will attempt to minimize negative impacts on both(or all)parties. (5) Full dockage fees are payable to the City of Seward at the time of reservation.Prepaid dockage fees will be non-refundable unless a written cancellation is received by the Port a minimum of fourteen (14) days prior to scheduled vessel arrival. (See also Section I, Responsibility for Charges,Collection and Guarantee of Charge.) (6) All estimates of terminal charges are subject to approval and/or adjustment by the Harbormaster. The Harbormaster shall promptly,after receipt of said estimate,advise the berthing agent as to: (1) its approval or adjusted estimate of terminal charges; and, (2) whether posting of cash or security is required for any one or more categories of such charges and the amount thereof. Port and Harbor TariffRegulations City of Seward,Alaska Effective January 1,2017 1 36 (7) An agreement is made to work continuously utilizing not less than day and early night shifts(first and second shifts) and multiple longshore gangs, cranes, and equipment to the fullest extent available in accordance with circumstances then prevailing. (8) In addition to the terms for berth reservation and establishment of financial responsibility as set forth herein, requests for berth reservation and assignments of berths shall otherwise be in accordance with all local rules and regulations established by the City of Seward. (e) Berth May be Granted Before Payment. For safety or other reasons, the City of Seward, in some circumstances,may grant a vessel a temporary berth before the owner or agent has paid all applicable charges or otherwise complied with all applicable tariff provisions or conditions of berthing.In such circumstances,the vessel may unload its cargo only if(1)the Harbormaster determines that a regular berth is available,and(2)the owner or agent pays all applicable charges and complies with all other applicable tariff provisions and conditions of berthing.If no regular berth is available or the vessel owner or agent does not pay all applicable charges and comply with other applicable provisions,the vessel may not unload its cargo and shall sail on the next tide. The vessel shall be assessed appropriate fees as set forth in this tariff. (f) Charges on Vessel Shifting.When a vessel is shifted directly from one wharf or berth to another wharf or berth operated by the City of Seward,the total time at such berths will be considered together when computing the dockage charge. (g) Charges to Assisting Vessels.A single vessel,when actively engaged as a tug boat assisting and made fast outboard of a vessel loading or discharging cargo,will be accorded free dockage. NOTE:Tug boats leaving a tended vessel for the purpose of assisting any other vessel shall have waived its right to free dockage for the entire period of berthing by its tended vessel. (h) Notice of Hazardous Cargo and Permit Requirement.Notice shall be given to the Harbormaster 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 docks.The Harbormaster,at his sole discretion,may issue a permit for dock use if he finds that sufficient precautions have been taken to minimize any potential risks presented by such cargo. (i) Dockside Lay Time.Dockside lay time may be allowed as scheduling permits.However,all vessels must be removed from dockside within three (3) hours of receiving notice from the Harbormaster or his agents. 215 DOCKAGE RATES (a) Daily Dockage Rate. The charge for dockage for all facilities outside the Boat Harbor is as follows except as otherwise provided: Overall Length of Vessel Daily Charge Per Foot Up to 500 ft. $0.76 501+ft. $0.76 NOTE: Daily charge is for any period of twenty-four(24) hours. However, in computing dockage charges for any period of dockage less than twelve(12)hours,dockage charges at one-half(1/2)of one full day's dockage shall be assessed.For any dockage period greater than twelve(12)hours and less than twenty-four(24)hours,a full day's dockage shall be assessed. (b) Monthly Dockage Rate.A monthly dockage rate equal to one-half(1/2)of the total daily dockage rate for one month may be granted as follows: (1) Tug Operators.Vessels employed solely in the business of providing tug service to vessels calling at any dock or terminal facility of the City of Seward may apply to the Harbormaster for monthly dockage rates. Port and Harbor Tariff-Regulations City of Seward,Alaska Effective January 1,2017 14 37 (2) Vessels Under Repair.Subject to scheduling requirements,the Harbormaster may,upon request, allow prepayment of a monthly dockage rate at the Shiplift Dock subject to all of the following conditions: (i) The monthly rate shall only apply to vessels that use the dock solely for vessel maintenance and repair;and (ii) The monthly dockage rate is paid in advance by a full 30 days;and (iii) The user shall not be entitled to a refund for any reason including user's departure during the 30-day period or rescheduling of the dock use by the Harbormaster to other vessels in need of repair or maintenance. (c) Automatic Annual Adjustment in Dockage Rates.All dockage rates shall be adjusted annually so as to be effective as of January 1",to reflect the five previous published years'average increase in the Consumer Price Index,All Items,1982-84=100 for all Urban Consumers,Anchorage,Alaska("CPI")as published by the United States Department of Labor,Bureau of Labor Statistics.Bills sent out prior to January 1 m will reflect the upcoming January 1"adjusted rates.(For example,2017 rates reflect an increase based on the average CPI for 2010-2014). 220 HANDLING,LOADING AND UNLOADING Handling,loading and unloading services are provided by independent agents at all terminal facilities covered by this tariff. A Terminal Use Permit is required and available to any qualified agent desiring to provide longshore services at the terminal facilities of the City of Seward in the form provided by the City. 225 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 City personnel and for specific services provided by the City of Seward or its agents.Service charges do not include charges for dockage,wharfage,wharf demurrage or handling. (a) Specific Services.The following rates shall apply for services provided by the City of Seward: (1) Potable water furnished to vessels (i) Less than 1,000 gallons from harbor facilities not requiring City assistance or use of fire hydrant:No charge. (ii) All service in excess of 1,000 gallons: (1) During regular business hours: BASIC CONNECT CHARGE-$52.50. (2) Outside regular business hours:BASIC CONNECT CHARGE-$105.00. (iii) In addition to(ii)above,a variable rate of$6.32/1,000 gallons shall be charged for potable water. Port and Harbor TarifRegulations City of Seward,Alaska Effective January 1,2017 /5 38 (2) Electricity-Boat Harbor (i) All Vessels(except Transient Vessels staying 15 consecutive days or less). Electricity(per kilowatt hour) $0.29 Customer charge for tenants(once per billing cycle) $21.56 Customer charge for transients or guests(once per location) $21.56 (ii) Transient Vessels staying 15 consecutive days or less Connect Fee None Electricity(daily rate) 120 volt $10.00 208 volt/single phase $20.00 208 volt/three phase $40.00 Customer charge(per month) None (3) Electricity-Seward Marine Industrial Center (i) Connect fee $27.74 (ii) Electricity(per kilowatt hour) $0.37 (iii) Customer charge(per month) $44.21 (4) . Towing inside Boat Harbor-$52.50 plus labor (5) Pumping vessel-$31.50 plus labor (6) Used Oil,filter and sorbent disposal Over 5 gallons 0.53 per gallon plus labor and equipment Filters,sorbents 10.50 per barrel or portion thereof plus labor and equipment (b) Labor/Personnel (1) When labor is furnished by the City at the request of a user,it is expressly stipulated that the City acts solely as agent of the user. The City shall charge for labor provided by the City for the following services: (i) All services not specifically described in this tariff; (ii) Services of loading,unloading or transferring cargo for which no specific commodity rates are provided and which cannot be performed at the rates named under N.O.S.,and cargo in packages or units of such unusual bulk,size,shape or weight as to preclude performing such services at rates named under individual items contained in this tariff; (iii) Services for which no specific commodity rates are provided and any other services for which specific rates are named in this tariff but which,because of unusual conditions or requirements of shippers not normally incidental to such services, preclude the performance; (iv) Services of cleaning 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; (2) Rates named in this tariff for services involving labor are predicated upon straight-time wages for a workday between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Sunday.When over- time or penalty time wages to labor are necessary,rates are adjusted to include such penalties or differential rates. Port and Harbor TariffRegulations City of Seward,Alaska Effective January 1,2017 16 39 When a user notifies the Harbormaster of a request for labor for a specified time,and labor is on the job and 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,provided such delay was not the fault of the City. (3) All labor provided by City personnel shall be charged at FIFTY-TWO DOLLARS AND FIFTY CENTS($52.50)per hour straight-time(no premium)and SEVENTY-EIGHT DOLLARS AND SEVENTY-FIVE CENTS($78.75)per hour overtime.Work requiring call-outs shall be charged at a minimum of two hours at the overtime rate. (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. (1) Loader $68.25 plus operator (2) Grader $68.25 plus operator (3) Oil Tanker $47.25 (4) Pickup Truck $8.40 plus operator (5) Crane Truck $12.60 plus operator (6) Flatbed Truck $15.75 plus operator (7) Dump Truck $47.25 plus operator (8) Back Hoe $31.50 plus operator (9) Pumps $31.50 plus labor (10) Smart Ash Burner $31.50 plus labor (11) Misc.Power Equipment $31.50 plus labor (12) Crane Annual Crane Card $52.00 w/signed agreement Crane Card Replacement $5.00 per card Crane .0-15 min$22.66 16-30 min$45.32 31-45 min$67.98 46-60 min$90.64 (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 in addition to those set out in Paragraph(a)above. Special services,including waste,or garbage disposal shall be billed at the City's actual cost plus 35% administrative overhead charges(including City labor costs as determined in Paragraphs 2 and 3 above) plus 125%of City costs for services arranged for by the City but provided by others. Special services shall not include the taking or handling of sewage of any kind.Sewage disposal must be accomplished by the vessel owner or his agent pursuant to federal, state and local (City of Seward) laws, codes and ordinances. (e) Miscellaneous Charges (1) Meter test,each,when previous test occurred Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2017 17 40 within 24 months $52.50 (2) Deposit required for transient moorage customers staying 15 or more consecutive days $100.00 (3) Tampering with or unauthorized breaking of meter seal $525.00 (4) Dishonored check fee $36.75 (5) Reconnection after disconnect of delinquent account $42.00 230 PASSENGER FEES (a) Fee. In addition to other tariff provisions, the terms and conditions of this item apply and charges are assessed to passenger vessels,sport fishing vessels,guide and outfitter vessels,and all other vessels carrying passengers for compensation. A passenger fee of$3.50 per passenger shall be paid for each passenger embarking or disembarking a vessel at a City Dock,as such term is defined in Subsection 100 hereof. The passenger fee is assessed once per passenger per excursion regardless of whether the passenger excursion is one-way or round-trip. As used in this subsection, "compensation" means payment to the vessel owner or operator whether by charter or through fares paid by or on behalf of passengers. (b)Filing offorms and payment offees.Prior to January 1 s'of each year,operators of affected passenger vessels shall complete a passenger fee registration form provided by the City.Passenger fees shall be paid and reported to the City monthly,on a form,and in a manner,provided by the City,within 30 calendar days of the month following the month for which the fees are due.The City may require more or less frequent filing,depending on the account status of the filer.A return must be filed every period,even if no transactions have occurred.Failure to file a return is subject to a missed filing fee of$25 for each missed filing.Failure to remit all taxes collected or later found to be due by the due date is subject to a penalty in the amount of 10%of the amount owed,plus interest charged at the maximum rate allowed by law per year,compounded monthly. (c)Failure to file.When an operator fails to file a return,or when the city manager finds that a return filed by an operator is not properly supported,the city manager may prepare and file a return on behalf of the operator. Passenger fees estimated on a return filed on behalf of the operator may be premised upon any information that is available to the city manager including, without limitation, comparative data for similar businesses. An operator for whom an involuntary return is filed under this subsection shall be liable for the passenger fees stated on the return as well as any applicable penalties and interest as stated in 230(b). 231 CAPITAL RENEWAL AND REPLACEMENT FEE Fee.In addition to other tariff provisions,the terms and conditions of this item apply and charges are assessed to all vessels paying moorage and/or dockage in the Seward Boat Harbor.A capital renewal and replacement fee will be assessed to each vessel according to overall length. The fee will apply for each calendar month or fraction thereof in which moorage and/or dockage charges are assessed in the Seward Boat Harbor.The fee must be pre-paid with moorage,or will be billed accordingly,as follows: $5.00 fee per month or fraction thereof: Vessels 0 to 21 feet $10.00 fee per month or fraction thereof: Vessels 22 to 44 feet $15.00 fee per month or fraction thereof: Vessels 45 to 79 feet $20.00 fee per month or fraction thereof: Vessels 80 feet and longer Fees for transient vessels shall commence when a vessel is made fast to a wharf,pier or other facility,or when a vessel is moored to another vessel so berthed("rafting").Charges shall continue until such vessel is completely freed from and has vacated the harbor. 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES Port and Harbor TariffRegulations City of Seward,Alaska Effective Januar),1,1017 18 41 In addition to other tariff provisions,when the City uses city equipment and personnel to provide assistance (such as towing)to vessels outside of the Boat Harbor,the Harbormaster will charge users of those services ONE HUNDRED THIRTY-ONE DOLLARS AND TWENTY-FIVE CENTS($131.25)per hour for the first hour,or any part thereof,and any services beyond the first hour at 150%of the City's actual costs,including city labor costs as determined in Subsection 225 of this tariff. Port and Harbor Tari„(fRegulations City of Seward,Alaska Effective January 1,2017 I v 42 240 BOAT LAUNCH RAMP FEES (a) Operating Policy.The City owns and provides access to public launch ramps.Access to those ramps is generally on a first-come,first-served basis,but the Harbormaster may deviate from that policy or refuse access to a ramp when, in his judgment, the public interest would be served according to his determination of the following factors: (1) The degree of existing or potential congestion in the harbor including upland storage areas and whether the proposed launch or retrieval will affect that congestion;and, (2) Whether the launch or recovery poses a risk of loss of public or private property. (b) Launch Fees. Vessels shall be charged TEN DOLLARS ($10.00)per launch from the public launch ramps,or vessel owners or operators may obtain an annual launch permit sticker for ONE HUNDRED DOLLARS ($100.00) entitling a specific vessel and owner to launches from January 1 through December 31 of each year.This fee excludes vessels propelled solely by human power,which shall pay FIVE DOLLARS ($5.00) per launch, or FIFTY DOLLARS ($50.00) for an annual launch permit. Annual fees shall not be prorated,and the Harbormaster will issue annual permits upon receipt of a completed application and payment therefor. 245 PUBLIC SHOWERS Public showers are available twenty-four hours a day in the restroom facilities located in the Harbormaster's building.The showers are coin-operated,and the fee is TWO DOLLARS($2.00)(eight quarters)for 7 minutes. Change is available outside of the Harbormaster's office twenty-four hours a day. 250 50-TON TRAVELIFT (a) Operating Policy.The City owns and operates a 50-ton Travelift in the Boat Harbor.The Harbormaster generally schedules vessel lifts on a first-come,first-served basis,but he may deviate from that policy or refuse a lift when,in his judgment,the public interest would be served. In making this public interest finding,the Harbormaster will consider the following factors: (1) The degree of existing or potential congestion in the harbor,including upland storage areas,and whether the proposed lift will affect that congestion;and (2) Whether the lift poses a risk of loss of public or private property,including potential damage to the Travelift or other city property and/or a risk of injury to people. (b) Boat Lift Agreement.No vessel shall be lifted from land or water without a boat lift agreement(in the form provided by the City) having first been completed. It shall be the responsibility of the vessel owner/operator arranging the lift to provide the Harbormaster with all relevant information to conduct a safe lift including,but not limited to,the following: (1) Vessel displacement; (2) Vessel hull type and configuration; (3) Location of all hull attachments and through-the-hull fittings,including propeller shafts,rudders. etc.; (4) Location,weight and type of ballast,fuel and water tanks;and, (5) Any special lift requirements to avoid vessel damage. (c) Responsibilities.The vessel owner/operator,or his agent,must be present during all vessel lifts and must inspect and approve the City's proposed placement of lift slings,lines and destination location.It is the responsibility of the vessel owner/operator,or his agent,to provide all blocking materials,to block the Port and Harbor Tariff Regulations City of-Seward,Alaska Effective January 1,1017 _:0 43 vessel,and to approve the placement of the vessel on said blocking.It is also the responsibility of the vessel owner/operator,or his agent,to assure that any vessel cradles or trailers upon which the vessel is to be placed are adequate in design and strength to safely accommodate the vessel.It is the responsibility of the vessel owner/operator to assure that adequate handling lines are placed and manned on the vessel upon its return to the water. (d) Dockside Lay Time.Dockside lay time may be allowed as scheduling permits.However,all vessels must be removed from dockside within three (3) hours of receiving notice from the Harbormaster or his agents. 255 50-TON TRAVELIFT FEES (a) Description of Charge.The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 50-ton Travelift.A separate lift fee is generated whenever a vessel is lifted,even if it is only lifted and relocated on land.Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. (b) Lift Fee (I) Minimum Fee.The minimum fee for a lift shall be TWO HUNDRED THIRTY-SIX DOLLARS AND TWENTY-FIVE CENTS($236.25)for the first hour of use or any portion of time less than one hour. The lift fee will be determined by the overall length of the vessel. A full lift fee is earned once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason.The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator.Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time,the minimum lift fee will be charged. (2) Water to Water Maintenance Lift.The minimum fee for a water to water maintenance lift shall be ONE HUNDRED EIGHTEEN DOLLARS AND THIRTEEN CENTS($118.13)for the first half hour(1/2)if the lift goes over the half hour(1/2)it will be billed in fifteen minute increments(15) at the rate of FIFTY-NINE DOLLARS AND SIX CENTS($59.06)Der one quarter hour of use or any portion of time less than one(1/4)hour.If the lift has to travel iH t for the vessel needs to be blocked for any reason the current one hour lift rate applies. (3) Additional Lift Fee Rates for Large Vessels.In addition to the minimum fee,the lift fee shall be TWENTY-ONE DOLLARS($21.00)per foot of vessel length for each foot over fifty(50)feet during the first hour of use or any portion of time less than one(1)hour. (4) Second and Additional Hours ofLift.All time in excess of one(1)hour shall be charged in fifteen (15)minute increments at the rate of FIFTY-NINE DOLLARS AND SIX CENTS($59.06)per one-quarter(1/4)hour or any portion of time less than one-quarter(1/4)hour. (5) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of TWO HUNDRED THIRTY-SIX DOLLARS AND TWENTY-FIVE CENTS($236.25)per hour. 260 330-TON TRAVELIFT (a) Operating Policy. The City owns and operates a 330-ton Travelift in the Seward Marine Industrial Center.The Harbormaster generally schedules vessel lifts on a first-come,first-served basis,but he may deviate from that policy or refuse a lift when,in his judgment,the public interest would be served. In making this public interest finding,the Harbormaster will consider the following factors: (1) The degree of existing or potential congestion in the harbor,including upland storage areas,and whether the proposed lift will affect that congestion;and (2) Whether the lift poses a risk of loss of public or private property,including potential damage to the Travelift or other city property and/or a risk of injury to people. Port and Harbor TarifRegulations City of Seward,Alaska Effective January 1,2017 21 44 (b) Boat Lift Agreement.No vessel shall be lifted from land or water without a boat lift agreement(in the form provided by the City)having first been completed. It shall be the responsibility of the vessel owner/operator arranging the lift to provide the Harbormaster with all relevant information to conduct a safe lift including,but not limited to,the following: (1) Vessel displacement; (2) Vessel hull type and configuration; (3) Location of all hull attachments and through-the-hull fittings,including propeller shafts,rudders, etc. (4) Location,weight and type of ballast,fuel and water tanks;and, (5) Any special lift requirements to avoid vessel damage. (c) Responsibilities.The vessel owner/operator,or his agent,must be present during all vessel lifts and must inspect and approve the City's proposed placement of lift slings,lines and destination location.It is the responsibility of the vessel owner/operator,or his agent,to provide all blocking materials,to block the vessel,and to approve the placement of the vessel on said blocking.It is also the responsibility of the vessel owner/operator,or his agent,to assure that any vessel cradles or trailers upon which the vessel is to be placed are adequate in design and strength to safely accommodate the vessel. It is the responsibility of the vessel owner/operator to assure that adequate handling lines are placed and manned on the vessel upon its return to the water. (d) Dockside Lay Time.Dockside lay time may be allowed as scheduling permits.However,all vessels must be removed from dockside within three (3) hours of receiving notice from the Harbormaster or his agents. 265 330-TON TRAVELIFT FEES (a) Description of Charge.The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 330-ton Travelift.A separate lift fee is generated whenever a vessel is lifted,even if it is only lifted and relocated on land.Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. (b) Lift Fee (1) Minimum Fee. The minimum fee for a lift on the 330-ton Travelift shall be FOUR HUNDRED TWENTY-FIVE DOLLARS($425.00)for the first hour of use or any portion of time less than one (1)hour.For use of a lift in excess of one(1)hour,additional time shall be charged in fifteen(15) minute increments. The overall length of the vessel will determine the lift fee. A full lift fee is charged once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator.Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time,the minimum lift fee will be charged. (2) Additional Lift Fee Rates for Large Vessels.For all vessels over FIFTY-FIVE(55)feet in length, an additional TWENTY-ONE DOLLARS($21.00)shall be charged for each foot of vessel length over fifty five(55)feet during the first hour of use or any portion of time less than one(1)hour. (3) Relocation and Reblocking Fees.Reblocking of all vessels on the uplands shall be charged at a rate of FOUR HUNDRED TWENTY-FIVE DOLLARS ($425.00) for the first hour of use or any portion of time less than one(1)hour.Reblocking consists of lifting the boat,adjusting/replacing Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,20.17 12 45 the blocking materials and setting the boat down in the same space.If a boat is to be relocated to another space or yard,lift fees apply as listed in sections(1)and(2)above. (c) Wash Down Pad Fee (1) Pressure washing shall only be performed on the wash down pad. The work will be performed by private personnel—either vessel owners and crew or licensed and insured vendors. (2) If for whatever reason,the wash down system is not useable,the Harbor may issue an assurance to the customer that the facility can be used at another time. (3) The straight time rate for using the pad is$2.50 per foot per hour. There is a one hour minimum. Additional time over the first hour will be billed in 15 minute increments. 270-CRANE USE FEE (a) Description of Charge.The crane training/usage fees is the charge for utilizing the 10 ton crane located at SMIC on the North Dock, (1) Individual User:A$50.00 separate fee is generated when an operator completes an on-line training program, (Hard Hat Training)this fee is paid by the individual not the City of Seward,prior to the proficiency training by harbor personal. (2) Commercial/Permit Holder:A$50.00 separate fee is generated when an operator completes an on-line training program,(Hard Hat Training)this fee is paid by the individuals not the City of Seward,prior to the proficiency training by harbor personal. (3) A$52.50 fee is required for proficiency training by harbor personal located at the North Dock. (4) Individual Annual Crane Card $52.00 per year for (3) three years the fee will be automatically billed to the individuals account from effective date of the Crane Card agreement.When the term expires a new agreement will need to be signed. (5) Commercial/Permit Holder Annual Crane Card $52.00 a year for two (2) Permit Access Cards or$104.00 a year for four(4)Permit Access Cards the fee will he billed automatically to the Permit Holders Account ending three years from effective date of Crane Card agreement.When the term expires a new agreement will need to be signed. (6) Crane Card Replacement ....$5.00 per card (7) Crane Usage 0-15 min$22.66 16-30 min$45.32 31-45 min$67.98 46-60 min$90.64 Port and Harbor TariffRegulations City of Seward, Alaska Effective January 1,2017 2.3 46 270 SHIPLIFT FEE (a) Description of Charge.The shiplift fee is the charge for lifting a vessel from the water and returning it to the water utilizing the shiplift. (b) Lift Fee.The shiplift fee shall be based upon vessel length.A full shiplift fee is earned once a lift has commenced,even if that lift is subsequently interrupted,suspended or canceled for any reason.The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the shiplift system is the responsibility of the permit holder and the vessel owner. (c) Basis for Computing Charges.The shiplift fee will be determined by the overall length of the vessel. Overall length 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 stem of the vessel,measured parallel to the base line of the vessel. For shiplift fee purposes,overall length of the vessel as published in"Lloyd's Register of Shipping"will be used.If no such figure appears in"Lloyd's Register",the shiplift operator reserves the right to: (1) Obtain the overall length from the vessel's register;or, (2) Measure the vessel. (d) Preference to Reserved Use. Priority is given to shiplift use reserved in advance with the shiplift operator.Reservations remain effective if such use begins within twenty-four(24)hours of the scheduled use.Late use or arrival will be rescheduled on a space-available basis.Reservations 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 for reservation is made on a Vessel Shiplift Use Application(see"Forms"in the preface of this document)indicating rail and date(s)requested. (2) Reservation request must be received by the shiplift operator a minimum of 7 days prior to anticipated vessel arrival. (3) The permit holder must provide, as may be requested by the shiplift operator as a part of the lifting process,to the extent of his knowledge,all information called for by any Supplement to Shiplift Use Application(see"Forms"in the preface of this document)or any other information respecting the vessel including,but not limited to,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 shiplift operator and the City of Seward for any financial loss suffered by the shiplift operator and City of Seward as a result of the permit holder's failure to so report accurately.Should the permit holder,subsequent to submission of this form, receive information which materially differs from the information previously provided,and which information the permit holder reasonably believes is not equally known to the shiplift operator,it shall immediately notify the shiplift operator and,if requested by the shiplift operator,promptly file an amended Supplement to Shiplift Use Application with the shiplift operator. (4) Full lift fees are payable to the shiplift operator at the time of reservation.Prepaid lift fees will be non-refundable unless a written cancellation is received by the shiplift operator a minimum of fourteen(14)days prior to scheduled vessel lift.(See also Section 1,Responsibility for Charges, Collection and Guarantee of Charge.) Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2017 24 47 (5) All estimates of charges are subject to approval and/or adjustment by the shiplift operator.The shiplift operator shall promptly,after receipt of said estimate,advise the permit holder as to(1)its approval or adjusted estimate of lift charges, and (2) whether posting of cash or security is required for any one or more categories of such charges and the amount thereof. (6) An agreement is made to work continuously on moving the vessel through the shiplift system utilizing not less than day and early night shifts(first and second shifts)and equipment to the fullest extent available in accordance with circumstances then prevailing. (7) 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. (e) Berth May be Granted Before Payment. For safety or other reasons, the shiplift operator, 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 or conditions of lifting. (f) 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 booth. (g) Repairs to Vessels on the Shipl fi System.Vessels may not occupy the shiplift system for the purposes of repairs to the vessel. 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 shiplift operator 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 of his agents. (h) Notice of Hazardous Cargo and Permit Requirement.Notice shall be given to the shiplift operator at the time of reservation of the fuel,ballast and any unusual weight distribution or structural requirements for lifting each vessel.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 shiplift operator,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. (i) Dockside Lay Time.Dockside lay time may be allowed as scheduling permits.However,all vessels must be removed from dockside within three(3)hours of receiving notice from the shiplift operator or his agents. (j) Lift Fee Rates.The lift fee shall be TEN DOLLARS AND FIFTY CENTS($10.50)per foot of vessel length. This fee does not include labor charges for operation of the shiplift system as described in Subsection 225.This fee does not include any daily lay charge as described in Subsection 265. 275 DAILY SHIPLIFT LAY CHARGE (a) Description of Charge.The daily lay charge is the charge for vessels either on the shiplift system or upland of the shiplift system on repair berths. Port and Harbor Tanff Regulations City of Seward,Alaska Effective January I,2017 25 48 (b) Lay Fee.Daily lay charges shall 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. 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 lay charge shall be assessed. (c) Basis for Computing Charges.The daily charges shall be assessed against a vessel regardless of vessel size or length. (d) Rate.The daily charge is TWO HUNDRED TEN DOLLARS($210.00)per day or a portion thereof. Vessels using side rails shall be assessed a lay charge of THREE HUNDRED FIFTEEN DOLLARS ($315.00)per day or a portion thereof. 280 UPLAND STORAGE (a) Area of Land Available.The City of Seward will make available a limited area of land in the Boat Harbor and the Seward Marine Industrial Center(SMIC) for storage of boats or boats on trailers subject to the following conditions: (1) Space is made available on a first-come,first served basis; (2) No vessel or trailer may be placed on the designated upland storage area without prior permission of the Harbormaster;and, • (3) Subject to City of Seward policy and procedures, vessels undergoing active repairs may use upland storage space.Charges assessed depend upon the nature of work being conducted. (b) Calculation of Rates.Charges shall be based on the overall length of the vessel or trailer(whichever is greater)and shall be based on a per-calendar-month charge. (c) Lay Time Rates (1)Boat Harbor. Lay time for upland storage in the Boat Harbor shall be charged at a rate of NINE DOLLARS AND NINETEEN CENTS ($9.19)per day for stays of ten(10)days or less in any calendar month.For stays of eleven(11)days or more in any calendar month,the lay time shall be charged at a rate of NINETY-ONE DOLLARS AND EIGHTY-EIGHT CENTS ($91.88) per calendar month for a vessel,trailer or cradle up to fifty(50)feet in length.The monthly charges for larger vessels shall include an additional ONE DOLLAR AND FIFTY-EIGHT CENTS($1.58)per foot for each foot over fifty feet in length. (2) Seward Marine Industrial Center. Lay time for upland storage in the Seward Marine Industrial Center shall be charged at a rate of ten cents($0.10)per linear foot of the overall length of the vessel per calendar day.For stays of longer than one year.the lay time shall be charged at a rate of twenty cents($0.20)per linear foot of the overall length of the vessel per calendar day after one year. (d) Empty Cradles/Trailers and Equipment. For purposes of this tariff, a vessel trailer or cradle or equipment stored beyond a 10 foot radius of the vessel shall be measured and charged thirty cents ($0.30)per square foot per calendar month.Cradles,trailers or equipment placed or remaining on the upland storage area prior to or after a vessel is stored shall generate storage fees at this rate. 285 WHARFAGE (a) Application of Charge. Wharfage rates named in this tariff will be charged for all merchandise received over the city docks of the City of Seward and will be in addition to all other charges made under provisions of this tariff,EXCEPT: Port and Harbor TariffRegulations City of Seward,Alaska Effective January 1,2017 ?h 49 No wharfage shall be charged to ship's gear,such as strongbacks,lines,hatch covers,walking boards, etc.,placed on wharf during unloading operations.Fuel handled over wharf will not be considered as ship's stores and will be subject to wharfage and other charges that may be incurred. (b) Over-side.One-half of wharfage named herein will be charged to merchandise discharged or loaded over-side of vessel directly to or from another vessel or to the water when vessel is berthed at a wharf. (c) Over-stowed Cargo. Over-stowed cargo destined for discharging at another port will be exempt of wharfage charges,provided that such cargo is not removed from wharf prior to reloading to the vessel. 290 WHARFAGE RATES (a) Schedule of Standard Rates.Except as otherwise specifically provided,rates are in dollars per ton of 2,000 pounds or per 40 cubic feet. Commodity Wharfage Rate Freight N.O.S. $5.00 Raw fish,unprocessed $5.00 Petroleum products(inbound)per barrel $0.18 Petroleum products(outbound)per barrel $0.27 Petroleum products(gasoline)per gallon $0.02 Petroleum products(diesel)per gallon $0.02 Explosives $26.25 Vans or containers(net contents weight) $3.10 Vehicles(gross vehicle weight) $10.00 Bulk gravel $1.00 (b) Discount Rates Based on Guaranteed Payments. Upon approval by the Seward City Council, those shippers who guarantee minimum levels of wharfage payments regardless of actual shipments may obtain a written prepayment agreement(in the form provided by the City). The discounted rates shall be as follows based on a guaranteed annual payment of at least$250,000 regardless of volume shipped: Timber and timber products,first 100,000 tons $1.58/ton Next 80,000 tons $1.31/ton Excess over 180,000 tons $0.53/ton Port and Harbor TariffRegulations City of Seward,Alaska Effective January 1.2017 77 50 295 WHARF DEMURRAGE (a) Description of Charge. A charge will be assessed against cargo remaining in or on terminal facilities after the expiration of free time,unless arrangements have been made for storage. (b) Calculation ofFree Time.Free time is calculated exclusive of Saturdays,Sundays or holidays.Free time starts at 7:00 a.m.after freight is received or unloaded onto wharf from car of truck or,in the case of freight received from vessel,at 7:00 a.m.after completion of vessel's discharge.On outbound traffic,the day or days vessel is loading are not included in the computation. On inbound traffic from vessel, delivery of which is made after the allotted free time,the day freight is loaded out or delivered to truck or car is to be included in the computation as a storage day. When freight is transshipped between deep-sea vessels and involves application of both a long and a short time period,the longer period shall be allowed,but not the aggregate of any two free time periods. (c) Free time. Free time of five days will be allowed on all inbound traffic. Free time of ten days will be allowed on all outbound traffic. (d) Rates.After expiration of applicable free time,wharf demurrage will be assessed at the following rates (per day,per ton(2,000 lbs.)or portion thereof): Commodity First 5 days After 5 days All freight,N.O.S. $ 1.26 $2.52 Mobile homes,portable buildings, living quarters $26.25/day/unit $105.00/day/unit Upon prior arrangement with the Harbormaster, upland storage will be billed monthly at a rate of TWENTY-SIX CENTS($.26)per square foot for each month or fraction thereof after expiration of free time above. (e) Lay-Down Areas.All cargo is expected to vacate city docks,wharves and piers as soon upon arrival as possible.Cargo is not to be stored on city docks,piers and wharves awaiting pick up by vessels unless prior arrangements are made with the Harbormaster.The Harbormaster shall have the discretion to refuse all cargo activities and/or lay-down, either inbound or outbound. Cargo that is allowed to wait for "beyond"transportation shall adhere to the following rules: (1) Lay down areas are outside of 100'of water front immediately adjacent to the dock,wharf or ramp. (2) Cargo may not be placed on the city docks or terminal facilities except in the designated lay-down areas. (3) Cargo and freight not placed in a designated lay-down area must be immediately removed from a city dock or terminal facility upon order of the Harbormaster. (4) A vessel, shipper or consignee who refuses to move cargo on demand will be assessed wharf demurrage at five times its applicable rate,starting at the time the vessel,shipper or consignee is noticed to move the cargo. (5) In addition,the Harbormaster may,in his discretion,move cargo or freight,and any expense or damages, including damage to cargo or freight during such movement,shall be charged to the vessel,shipper or consignee,except for damages caused by the City's own negligence. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2017 ',ti 51 PORT AND HARBOR TARIFF REGULATIONS LEGISLATIVE HISTORY NOTES Per Ogden Beeman &Associates, Inc. Tariff Report dated May 7, 1993, the Port of Seward had 3 tariffs: General Terminal Tariff(October 5, 1992),Shiplift System Tariff(October 15, 1992),Small Boat Harbor Tariff(July I, 1992). Combined into two we have now. *Ordinance 95-11 Revised the Port and Harbor Code CITY DOCKS AND TERMINAL FACILITIES DATE RESOLUTION ACTION EFFECTIVE 1/22/1990 1990-009 Adopted general terminal tariff#1 setting rules,regulations& 2/1/1990 charges for city docks and terminals except for the shiplift dock and the small boat harbor. 4/9/1990 1990-031 Approved Amendment#1 to incorporate changes by the Federal 4/1/1990 Maritime Commission and to add the terminal use permit to the Retroactive tariff. 6/10/1991 1991-068 Approved Amendment#2 to incorporate payment agreement 6/10/1991 with Chugach Alaska Corporation. 6/22/1992 1992-096 Approved Amendment#3 adjusting tariff rates and names for 7/1/1992 the 250 ton Travelift. 7/13/1992 1992-119 Approved amendment#4 adopting a wharfage rate of$.25 per 7/20/1992 ton for bulk gravel. 9/14/1992 1992-151 Approved amendment#5 establishing a declining block rate for 10/5/1992 electrical service for large energy users. 6/14/1993 1993-092 Approved amendment#6 to increase certain tariff fees to enable 8/1/1993 the city to fund harbor improvements.Required approval by Federal Maritime Commission(FMC). 5/28/1996 1996-071 Sets and amends various fees and definitions in the tariff Failed effective July 1, 1996. 6/10/1996 1996-076 Added interest rate and other charges for delinquent accounts. 7/1/1996 5/26/1998 1998-056 Amend Travelift and Upland storage fees. 7/1/1998 11/23/1998 1998-132 Reduce wharfage rates for unprocessed fresh fish from 12/3/1998 $35.00/ton to$3.00/ton. 5/22/2000 2000-050 Amend adding fees for equipment usage,used oil recovery 5/22/2000 services,travelift calculations,eliminating tiered rate schedules and adopting a daily rate schedule for moorage. 9/11/2000 2000-093 Amend tariff to impose a passenger fee in order to provide the 9/21/2000 funds to pay expenses and debt service on revenue bonds for capital improvements. 5/13/2002 2002-043 Amend tariff reflecting the application of the Anchorage CPI. 5/13/2002 9/9/2002 Could Not Amend to establish an annual adjustment to moorage fees in the Failed? Locate Seward small boat harbor by the previous year's Anchorage Consumer Price Index for all urban consumers(CPI). 11/8/2002 2002-112 Adjusted moorage fees by the previous year's Anchorage 12/31/2002 Consumer price index(CPI)for all urban consumers. 12/8/2003 2003-156 Amend the Port and Harbor tariff by 5%. Postponed for PA CAB review. 12/14/2004 2004-128 Amend Port and Harbor tariff to increase moorage rates by 1/1/2005 12.96%increasing the linear foot rate from$31.69 to$35.80 and water rates from$4.25 to$6.02 per 1,000 gallons.Passed. Motion to Reconsider filed. Port and Harbor Tariff Regulations City of-Seward,Alaska Effective January 1,2017 29 52 DATE RESOLUTION ACTION EFFECTIVE 5/9/2005 2005-028 Amending the tariff by increasing moorage rates by 57.4%from Failed $35.80 to$56.35 per linear foot to fund east harbor construction including Z-float. 5/9/2005 2005-030 Amending the tariff by increasing moorage rates by 35.58% Failed from 35.80 to 48.54 per linear foot to fund east harbor construction south harbor and uplands. 5/23/2005 2005-037 Amends the tariff by increasing moorage rates over a three year Failed period by 12/58%in 06 to 12%in 07 and 11%in 07 to fund the harbor project. 9/12/2005 2005-080 Amends the tariff by modifying the passenger transit fee to 1/1/2006 change penalties for failure to remit payment and increase the passenger fee from$1.50 to$3.50 per passenger to fund harbor expansion project. 9/12/2005 2005-081 Amends the tariff by increasing moorage rates by 10%effective 1/1/2006 1/1/06 to fund harbor expansion project. 11/13/2007 2007-097 Amends the tariff by increasing all moorage,wharfage,boat lift 1/1/2008 and other harbor rates and fees(excluding passenger fees and launch fees)effective January 1,2008. 11/26/2007 2007-122 Amends the tariff by increasing daily launch fees from$5 to 1/1/2008 $10,annual permits to$100,excluding all vessels propelled solely by human power which remains at$5. 12/8/2008 2008-127 Amends the tariff regulations Subsection 225 RE:electric billing 12/18/2008 for transient vessels according to a flat rate for stays of 15 consecutive days or less. 11/9/2009 2009-116 Amends the tariff regulations by providing for automatic annual 1/1/2010 adjustments to moorage and dockage rates by an amount equal to the five previous full years' average increase in the anchorage CPI for all urban consumers. 1/25/2010 2010-005 Amends the tariff regulations by providing for permanent slip 2/4/2010 assignments January through June each year. 10/24/2011 2011-082 Amends the tariff regulations,continuing to link moorage rates 1/1/2012& to estimated CPI,increasing transient/guest moorage rates by 1/1/2013 10%,eliminating quarterly rates,eliminating miscellaneous electric charges for reconnection,restructuring harbor electric fees,and increasing SMIC electric charges. 5/14/2012 2012-027 Amends the tariff regulations by adopting the revision of the 1/1/2012 2012 and 2013 harbor tariffs to correct errors,to eliminate the Retroactive& attachment of standard forms,to establish a basis for pro-rating 5/24/2012& charges for new tenants,and to establish a basis for late 1/1/2013 renewing customers. 8/13/2012 2012-060 Amends the tariff regulations by adopting the revision of the 2012 8/23/2012& and 2013 harbor tariffs to correct errors,to establish new wait list 1/1/2013 categories, and to extend the months when permanent slip assignments are made. 1/14/2013 2013-001 Revising the 2013 harbor tariff annual rate for reserved moorage 1/24/2013 customers and conform the moorage rate table Appendix B of the tariff. 1/14/2013 2013-002 Revising the 2013 harbor tariff to charge only one electrical 1/24/2013 customer charge per billing cycle to tenant customers at the small boat harbor and to charge one electrical customer charge per location for transient or guest customers. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2017 3n 53 DATE RESOLUTION ACTION EFFECTIVE 1/14/2013 2013-003 Revising the 2013 harbor tariff to eliminate the requirement for 1/24/2013 electrical deposits for reserved moorage customers at the small boat harbor. 10/28/2013 2013-074 Amending The Port&Harbor Tariff Regulations For 2014 And 1/1/2014& 2015. 1/1/2015 4/28/2014 2014-035 Amending Section 205 Of The Port&Harbor Tariff Regulations 5/9/2014 Relating To Short-Term Vessel Stay And Payment Of Transient (Guest)Moorage. 12/8/2014 2014-092 Revising Sections 200 And 205 Of The Harbor Tariff In Order 1/1/2015 To Revise Billing Practices To Meet Internal Revenue Service Compliance For Tax-Exempt Revenue Bonds. 4/27/2015 2015-028 Revising The Port And Harbor Tariff Regulations To Increase The 5/7/2015 Charge For Dishonored Checks,To Revise The Charges For Re- Blocking Vessels And For Boat Lift Work That Extends Beyond One Hour,And To Revise The Wharfage Rates For Boat Fuel To Conform To The Charges In The Annual Contract With The Fuel Dock Operator. 11/16/2015 2015-109 Recommending The 2016 Harbor Tariff Be Amended By 1/1/2016 Changing The Waitlist Vessel Size For A-Float,Eliminating The 17 Foot Waitlist Adding A 50 Ton Travelift Water To Water Maintenance Lift,And Other Clarifications 4/25/2016 2016-031 Amending The Wharfage Rate In The Port&Harbor Tariff And 5/5/2016 Providing For Automatic Biennial Adjustments To Wharfage Rates By An Amount Equal To The Five Previous Full Years'Average Increase In The Anchorage Consumer Price Index For All Urban Consumers. 9/26/2016 2016-058 Approving The Removal Of The Word Small From The Phrases 10/6/2016 Seward Small Boat Harbor Or Small Boat Harbor Within The 2016 Harbor Tariff. 11/16/2015 2015-109 Recommending The 2016 Harbor Tariff Be Amended By 1/1/2017 Changing The Waitlist Vessel Size For A-Float,Eliminating The Effecting 17 Foot Waitlist Adding A 50 Ton Travelift Water To Water 215 Maintenance Lift,And Other Clarifications.Section 4:All dockage DOCKAGE rates shall be adjusted annually so as to be effective January 1st, RATES to reflect the five previous published years'average increase in the Consumer Price Index..." Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2017 .31 54 SEWARD MARINE INDUSTRIAL CENTER (SMIC) SHIPLIFT SYSTEM DATE RESOLUTION ACTION EFFECTIVE 3/27/1990 1990-022 Tariff adopted by City Council,effective April 6, 1990 4/6/1990 following approval by Federal Maritime Commission(FMC). 4/9/1990 1990-034 Amendment#1 adopts rules and regulations for repair berth 4/20/1990 stations adjacent to the shiplift system effective April 20, 1990 following approval by FMC. 7/22/1991 Could Not Amendment#2 revised rates to reflect actual cost of operations Locate of shiplift effective August 1, 1991 following FMC approval. 9/28/1992 1992-165 Amendment#3 set annual availability cost fee&provided for 10/15/1992 declining block rate for electrical service provided by Harbor Dept.effective October 15, 1992 following FMC approval. 6/14/1993 1993-092 Amendment#4 revised tariff to increase certain tariff fees to 8/1/1993 enable city to fund harbor improvements,effective August 1, 1993. 6/12/2000 2000-057 Authorized and instituted the SMIC Upland Boat works policy. 7/10/2000 7/24/2000 2000-077 Revision to SMIC Upland Boat Works Policy. 9/7/2000 9/24/2000 2000-109 Revision to SMIC Upland Boat Works Policy,deleting the 9/25/2000 prohibition on silica sand as a blast material. 11/8/2002 2002-112 Amend tariff to adjust moorage fees by 2.8%to previous year's 12/31/2002 CPI. 2/9/2004 2004-015 Decreased dockage rate for SMIC facilities from$1.00 to$.41 2/19/2004 per foot of length per day. 12/14/2004 2004-128 Amend harbor tariff to increase moorage rates and dockage by 1/1/2005 12.96%,increasing linear foot rate from$31.69 to$35.80 and increasing water rates from$4.25 to$6.02 per 1,000 gallons. 5/9/2005 2005-028 Amend harbor tariff to increase moorage rates by 57.4%from Failed $35.80 to$56.35 per linear foot to fund East&South harbor construction,upland amenities&Z-float. 5/9/2005 2005-030 Amend harbor tariff to increase moorage rates by 35.58%from Failed $35.80 to$48.54 per linear foot to fund East&South harbor construction and upland amenities. 5/23/2005 2005-037 Amend harbor tariff to increase moorage rates 12.58%, 12%, Failed and 11%over a 3-yr.period to fund East&South harbor construction and upland amenities. 9/12/2005 2005-080 Amend harbor tariff to increase passenger fee from$1.50 to 1/1/2006 $3.50 per passenger,and modify failure to remit penalties. 9/12/2005 2005-081 Amend harbor tariff by increasing moorage rate by 10%. 1/1/2006 11/13/2007 2007-097 Amends the tariff by increasing all moorage.wharfage,boat lift 1/1/2008 and other harbor rates and fees(excluding passenger fees and launch fees). 12/8/2008 2008-127 Amends the tariff regulations and SMIC electricity charges in 12/18/2008 Subsection 225 to cover the cost to offer the service and introduce a customer charge and change the utility rate,plus add a fuel adjustment factor. 11/9/2009 2009-116 Amends the tariff regulations by providing for automatic annual 1/1/2010 adjustments to moorage and dockage rates by an amount equal to the five previous full years'average increase in the Anchorage CPI for all urban consumers. Port and Harbor Tariff Regulations City of Seward,Alaska Effective January 1,2017 32 55 DATE RESOLUTION ACTION EFFECTIVE 10/24/2011 2011-082 Amends the tariff regulations,continuing to link moorage rates to 1/1/2012& estimated CPI,increasing transient/guest moorage rates by 10%, 1/1/2013 eliminating quarterly rates, eliminating miscellaneous electric charges for reconnection, restructuring harbor electric fees, and increasing SMIC electric charges. 5/14/2012 2012-027 Amends the tariff regulations by adopting the revision of the 2012 1/1/2012 and 2013 harbor tariffs to correct errors, to eliminate the Retroactive& attachment of standard forms, to establish a basis for pro-rating 5/24/2012& charges for new tenants,and to establish a basis for late renewing 1/1/2013 customers. 10/28/2013 2013-074 Amending The Port&Harbor Tariff Regulations For 2014 And 1/1/2014& 2015. 1/1/2015 4/14/2014 2014-030 Amending The Harbor Tariff By Establishing Rates For The 4/24/2014 Vessel Wash Down Pad At The Seward Marine Industrial Center. 7/14/2014 2014-054 Waiving Competitive Procurement Requirements To Authorize 1/1/2015 Sole-Source Purchase Of A New 330 Ton Boat Lift From Marine Travelift In The Net Amount Of $1,441,087, Declaring The Current Boat Lift Surplus To Be Used As A Trade-In,Revising The Harbor Tariff To Increase The Lift Rates,And Appropriating Funds. 4/27/2015 2015-028 Revising The Port And Harbor Tariff Regulations To Increase The 5/7/2015 Charge For Dishonored Checks,To Revise The Charges For Re- Blocking Vessels And For Boat Lift Work That Extends Beyond One Hour,And To Revise The Wharfage Rates For Boat Fuel To Conform To The Charges In The Annual Contract With The Fuel Dock Operator. 11/16/2015 2015-109 Recommending The 2016 Harbor Tariff Be Amended By 1/1/2016 Changing The Waitlist Vessel Size For A-Float,Eliminating The 17 Foot Waitlist Adding A 50 Ton Travelift Water To Water Maintenance Lift,And Other Clarifications. 9/26/2016 2016-058 Approving The Removal Of The Word Small From The Phrases 10/6/2016 Seward Small Boat Harbor Or Small Boat Harbor Within The 2016 Harbor Tariff. Port and Harbor TariffRegulations City of Seward,Alaska Effective January 1,2017 3 56 Appendix A 2017 SEWARD BOAT HARBOR TRANSIENT RATES DAILY TRANSIENT MOORAGE @ $0.76 PER FOOT PLUS 7% SALES TAX DISCOUNTED MOORAGE RATES ARE BASED ON CALENDAR MONTHS AND MUST BE PAID IN ADVANCE LENGTH per ft TAX CRR ANNUAL per ft TAX CRR SEMI per ft TAX MONTH S56.14 TOTAL $33.68 TOTAL $10.11 TOTAL 13 $729.82 51.09 60.00 $840.91 437.84 30.65 30.00 $498.49 131.43 9.20 5.00 $145.63 14 $785.96 55.02 60.00 $900.98 471.52 33.01 30.00 $534.53 141.54 9.91 5.00 $156.45 15 $842.10 58.95 60.00 $961.05 505.20 35.36 30.00 $570.56 151.65 10.62 5.00 $167.27 16 $898.24 62.88 60.00 $1,021.12 538.88 37.72 30.00 $606.60 161.76 11.32 5.00 $178.08 17 $954.38 66.81 60.00 $1,081.19 572.56 40.08 30.00 $642.64 171.87 12.03 5.00 $188.90 18 $1,010.52 70.74 60.00 $1,141.26 606.24 42.44 30.00 $678.68 181.98 12.74 5.00 $199.72 19 $1.066.66 74.67 60.00 $1,201.33 639.92 44.79 30.00 $714.71 192.09 13.45 5.00 $210.54 20 $1,122.80 78.60 60.00 $1,261.40 673.60 47.15 30.00 $750.75 202.20 14.15 5.00 $221.35 21 $1,178.94 82.53 60.00 $1,321.47 707.28 49.51 30.00 $786.79 212.31 14.86 5.00 $232.17 22 S1,235.08 86.46 120.00 $1,441.54 740.96 51.87 60.00 $852.83 222.42 15.57 10.00 $247.99 23 S1,291.22 90.39 120.00 $1,501.61 774.64 54.22 60.00 $888.86 232.53 16.28 10.00 $258.81 24 $1,347.36 94.32 120.00 $1,561.68 808.32 56.58__ 60.00 $924.90 242.64 16.98 10.00 $269.62 25 $1,403.50 98.25 120.00 $1,621.75 842.00 58.94 60.00 $960.94 252.75 17.69 10.00 $280.44 26 $1,459.64 102.17 120.00 $1,681.81 875.68 61.30 60.00 $996.98 262.86 18.40 10.00 $291.26 27 S1,515.78 106.10 120.00 $1,741.88 909.36 63.66 60.00 $1,033.02 272.97 19.11 10.00 $302.08 28 $1,571.92 110.03 120.00 $1,801.95 943.04 66.01 60.00 $1,069.05 283.08 19.82 10.00 $312.90 29 $1,628.06 113.96 120.00 $1,862.02 976.72 68.37 60.00 $1,105.09 293.19 20.52 10.00 $323.71 30 $1,684.20 117.89 120.00 $1,922.09 1,010.40 70.73 60.00 $1,141.13 303.30 21.23 _ 10.00 $334.53 31 $1,740.34 121.82 120.00 $1,982.16 __1,044.08 73.09 60.00 $1,177.17 313.41 21.94 10.00 $345.35 32 $1,796.48 125.75 120.00 $2,042.23 1,077.76 75.44 60.00 $1,213.20 323.52 22.65 10.00 $356.17 33 $1,852.62 129.68 120.00 $2,102.30 1,111.44 77.80 60.00 $1,249.24 333.63 23.35 10.00 $366.98 34 $1,908.76 133.61 120.00 $2,162.37 1,145.12 80.16 60.00 $1,285.28 343.74 24.06 10.00 $377.80 35 $1,964.90 137.54 120.00 $2,222.44 1,178.80 82.52 60.00 $1,321.32 353.85 24.77 10.00 $388.62 36 $2,021.04 141.47 120.00 $2,282.51 1,212.48 84.87 60.00 $1,357.35 363.96 25.48 10.00 $399.44 37 $2,077.18 145.40 120.00 , $2,342.58 1,246.16 87.23 60.00 $1,393.39 374.07 26.18 10.00 $410.25 38 $2,133.32 149.33 120.00 $2,402.65 1,279.84 89.59 60.00 $1,429.43 384.18 26.89 10.00 $421.07 39 $2,189.46 153.26 120.00 $2,462.72 1,313.52 91.95 60.00 $1,465.47 394.29 27.60 10.00 $431.89 40 $2,245.60 157.19 120.00 $2,522.79 1,347.20 94.30 60.00 $1,501.50 404.40 28.31 10.00 $442.71 41 $2,301.74 161.12 120.00 $2,582.86 1,380.88 96.66 60.00 $1,537.54 414.51 29.02 10.00 $453.53 42 S2,357.88 165.05 120.00 $2,642.93 1,414.56 99.02 60.00 $1,573.58 424.62 29.72 10.00 $464.34 43 $2,414.02 168.98 120.00 $2,703.00 1,448.24 101.38 60.00 $1,609.62 434.73 30.43 10.00 $475.16 44 $2,470.16 172.91 120.00 $2,763.07 1,481.92 103.73 60.00 $1,645.65 444.84 31.14 10.00 $485.98 45 $2,526.30 176.84 180.00 $2,883.14 1,515.60 106.09 90.00 $1,711.69 454.95 31.85 15.00 $501.80 46 $2,582.44 180.77 180.00 $2,943.21 1,549.28 108.45 90.00 $1,747.73 465.06 32.55 15.00 $512.61 47 $2.638.58 184.70 180.00 $3,003.28 1,582.96 110.81 90.00 $1,783.77 475.17 33.26 15.00 $523.43 48 $2.694.72 188.63 180.00 $3,063.35 1,616.64 113.16 90.00 $1,819.80 485.28 33.97 15.00 $534.25 49 $2,750.86 192.56 180.00 $3,123.42 1,650.32 115.52 90.00 $1,855.84 495.39 34.68 15.00 $545.07 50 $2,807.00 196.49 180.00 $3,183.49 1,684.00 117.88 90.00 $1,891.88 505.50 35.00 15.00 $555.50 57 Appendix A (Continued) per ft ANNUAL per ft SEMI per ft MONTH LENGTH $56.14 TAX CRR TOTAL $33.68 TAX CRR TOTAL $10.11 TAX TOTAL 51 2,863.14 200.42 180.00 $3,243.56 1,717.68 120.24 90.00 $1,927.92 515.61 35.00 15.00 $565.61 52 2,919.28 204.35 180.00 $3,303.63 1,751.36 122.60 90.00 $1,963.96 525.72 35.00 15.00 $575.72 53 2,975.42 208.28 180.00 $3,363.70 1,785.04 124.95 90.00 $1,999.99 535.83 35.00 15.00 $585.83 54 3,031.56 212.21 180.00 $3,423.77 1,818.72 127.31 90.00 $2,036.03 545.94 35.00 15.00 $595.94 55 3,087.70 216.14 180.00 $3,483.84 1,852.40 129.67 90.00 $2,072.07 556.05 35.00 15.00 $606.05 56 3,143.84 220.07 180.00 $3,543.91 1,886.08 132.03 90.00 $2,108.11 566.16 35.00 15.00 $616.16 57 3,199.98 224.00 180.00 $3,603.98 1,919.76 134.38 90.00 $2,144.14 576.27 35.00 15.00 $626.27 58 3,256.12 227.93 180.00 $3,664.05 1,953.44 136.74 90.00 $2,180.18 586.38 35.00 15.00 $636.38 59 3,312.26 231.86 180.00 $3,724.12 1,987.12 139.10 90.00 $2,216.22 596.49 35.00 15.00 $646.49 60 3,368.40 235.79 180.00 $3,784.19 2,020.80 141.46 90.00 $2,252.26 606.60 35.00 15.00 $656.60 61 3,424.54 239.72 180.00 $3,844.26 2,054.48 143.81 90.00 $2,298.29 616.71 35.00 15.00 $666.71 62 3,480.68 243.65 180.00 $3,904.33 2,088.16 146.17 90.00 $2,324.33 626.82 35.00 15.00 $676.82 63 3,536.82 247.58 180.00 $3,964.40 2,121.84 148.53 90.00 $2,360.37 636.93 35.00 15.00 $686.93 64 3,592.96 251.51 180.00 $4,024.47 2,155.52 150.89 90.00 $2,396.41 647.04 35.00 15.00 $697.04 65 3,649.10 255.44 180.00 $4,084.54 2,189.20 153.24 90.00 $2,432.44 657.15 35.00 15.00 $707.15 66 3,705.24 259.37 180.00 $4,144.61 2,222.88 155.60 90.00 $2,468.48 667.26 35.00 15.00 $717.26 67 3,761.38 263.30 180.00 $4,204.68 2,256.56 157.96 90.00 $2,504.52 677.37 35.00 15.00 $727.37 68 3,817.52 267.23 180.00 $4,264.75 2,290.24 160.32 90.00 $2,540.56 687.48 35.00 15.00 $737.48 69 3,873.66 271.16 180.00 $4,324.82 2,323.92 162.67 90.00 $2,576.59 697.59 35.00 15.00 $747.59 70 3,929.80 275.09 180.00 $4,384.89 2,357.60 165.03 90.00 $2,612.63 707.70 35.00 15.00 $757.70 71 3,985.94 279.02 180.00 $4,444.96 2,391.28 167.39 90.00 $2,648.67 717.81 35.00 15.00 $767.81 72 4,042.08 282.95 180.00 $4,505.03 2,424.96 169.75 90.00 $2,684.71 727.92 35.00 15.00 $777.92 73 4,098.22 286.88 180.00 $4,565.10 2,458.64 172.10 90.00 $2,720.74 738.03 35.00 15.00 $788.03 74 4,154.36 290.81 180.00 $4,625.17 2,492.32 174.46 90.00 $2,756.78 748.14 35.00 15.00 $798.14 75 4,210.50 294.74 180.00 $4,685.24 2,526.00 176.82 90.00 $2,792.82 758.25 35.00 15.00 $808.25 76 4,266.64 298.66 180.00 $4,745.30 2,559.68 179.18 90.00 $2,828.86 768.36 35.00 15.00 $818.36 77 4,322.78 302.59 180.00 $4,805.37 2,593.36 181.54 90.00 $2,864.90 778.47 35.00 15.00 $828.47 78 4,378.92 306.52 180.00 $4,865.44 2,627.04 183.89 90.00 $2,900.93 788.58 35.00 15.00 $838.58 79 4,435.06 310.45 180.00 $4,925.51 2,660.72 186.25 90.00 $2,936.97 798.69 35.00 15.00 $848.69 80 4,491.20 314.38 240.00 $5,045.58 2,694.40 188.61 120.00 $3,003.01 808.80 35.00 20.00 $863.80 81 4,547.34 318.31 240.00 $5,105.65 2,728.08 190.97 120.00 $3,039.05 818.91 35.00 20.00 $873.91 82 4,603.48 322.24 240.00 $5,165.72 2,761.76 193.32 120.00 $3,075.08 829.02 35.00 20.00 $884.02 83 4,659.62 326.17 240.00 $5,225.79 2,795.44 195.68 120.00 $3,111.12 839.13 35.00 20.00 $894.13 84 4,715.76 330.10 240.00 $5,285.86 2,829.12 198.04 120.00 $3,147.16 849.24 35.00 20.00 $904.24 85 4,771.90 334.03 240.00 $5,345.93 2,862.80 200.40 120.00 $3,183.20 859.35 35.00 20.00 $914.35 86 4,828.04 337.96 240.00 $5,406.00 2,896.48 202.75 120.00_ $3,219.23 869.46 35.00 20.00 $924.46 87 4.884.18 341.89 240.00 $5,466.07 2,930.16 205.11 120.00 $3,255.27 879.57 35.00 20.00 $934.57 88 4,940.32 345.82 240.00 $5,526.14 2.963.84 207.47 120.00 $3,291.31 889.68 35.00 20.00 $944.68 89 4,996.46 349.75 240.00 $5,586.21 2.997.52 209.83 120.00 $3,327.35 899.79 35.00 20.00 $954.79 90 5,052.60 353.68 240.00 $5,646.28 3,031.20 210.00 120.00 $3,361.20 909.90 35.00 20.00 $964.90 91 5,108.74 357.61 240.00 $5,706.35 3,064.88 210.00 120.00 $3,394.88 920.01 35.00 20.00 $975.01 92 5,164.88 361.54 240.00 $5,766.42 3,098.56 210.00 120.00 $3,428.56 930.12 35.00 20.00 $985.12 93 5,221.02 365.47 240.00 $5,826.49 3,132.24 210.00 120.00 $3,462.24 940.23 35.00 20.00 $995.23 94 5,277.16 369.40 240.00 $5,886.56 3,165.92 210.00 120.00 $3,495.92 950.34 35.00 20.00 $1,005.34 95 5,333.30 373.33 240.00 $5,946.63 3,199.60 210.00 120.00 $3,529.60 960.45 35.00 20.00 $1,015.45 96 5,389.44 377.26 240.00 $6,006.70 3,233.28 210.00 120.00 $3,563.28 970.56 35.00 20.00 $1,025.56 97 5,445.58 381.19 240.00 $6,066.77 3,266.96 210.00 120.00 $3,596.96 980.67 35.00 20.00 $1,035.67 98 5,501.72 385.12 240.00 $6,126.84 3,300.64 210.00 120.00 $3,630.64 990.78 35.00 20.00 $1,045.78 99 5,557.86 389.05 240.00 $6,186.91 3,334.32 210.00 120.00 $3,664.32 1,000.89 35.00 20.00 $1,055.89 100 5,614.00 392.98 240.00 $6,246.98 3,368.00 210.00 120.00 $3,698.00 _ 1,011.00 35.00 20.00 $1,066.00 58 Appendix B 2016 SEWARD BOAT HARBOR RESERVED RATES DAILY TENANT MOORAGE @ $0.70 PER FOOT PLUS 7% SALES TAX THESE DISCOUNTED MOORAGE RATES MUST BE PAID IN ADVANCE January 1 through June 30-OR-July 1 through December 31 per ft RESERVED 6 MONTH RATE per ft MONTH LENGTH $25.51 TAX CRR TOTAL $9.19 TAX CRR TOTAL 13 $331.63 23.21 30.00 $384.84 119.47 8.36 5.00 $132.83 _ 14 $357.14 25.00 30.00 $412.14 128.66 9.01 5.00 $142.67 15 $382.65 26.79 30.00 $439.44 137.85 9.65 5.00 $152.50 16 $408.16 28.57 30.00 $466.73 147.04 10.29 5.00 $162.33 17 $433.67 30.36 30.00 $494.03 156.23 10.94 5.00 $172.17 18 $459.18 32.14 30.00 $521.32 165.42 11.58 5.00 $182.00 19 $484.69 33.93 30.00 $548.62 174.61 12.22 5.00 $191.83 20 $510.20 35.71 30.00 $575.91 183.80 12.87 5.00 $201.67 21 $535.71 37.50 30.00 $603.21 192.99 13.51 5.00 $211.50 22 $561.22 39.29 60.00 $660.51 202.18 14.15 10.00 $226.33 23 $586.73 41.07 60.00 $687.80 211.37 14.80 10.00 $236.17 24 $612.24 42.86 60.00 $715.10 220.56 15.44 10.00 $246.00 25 $637.75 44.64 60.00 $742.39 229.75 16.08 10.00 $255.83 26 $663.26 46.43 60.00 $769.69 238.94 16.73 10.00 $265.67 27 $688.77 48.21 60.00 $796.98 248.13 17.37 10.00 $275.50 28 $714.28 50.00 60.00 $824.28 257.32 18.01 10.00 $285.33 29 $739.79 51.79 60.00 $851.58 266.51 18.66 10.00 $295.17 30 $765.30 53.57 60.00 $878.87 275.70 19.30 10.00 $305.00 31 $790.81 55.36 60.00 $906.17 284.89 19.94 10.00 $314.83 32 $816.32 57.14 60.00 $933.46 294.08 20.59 10.00 $324.67 33 $841.83 58.93 60.00 $960.76 303.27 21.23 10.00 $334.50 34 $867.34 60.71 60.00 $988.05 312.46 21.87 10.00 $344.33 35 $892.85 62.50 60.00 $1,015.35 321.65 22.52 10.00 $354.17 36 $918.36 64.29 60.00 $1,042.65 330.84 23.16 10.00 $364.00 37 $943.87 66.07 60.00 $1,069.94 340.03 23.80 10.00 $373.83 38 $969.38 67.86 60.00 $1,097.24 349.22 24.45 10.00 $383.67 39 $994.89 69.64 60,00 $1,124.53 358.41 25.09 10.00 $393.50 40 $1,020.40 71.43 60.00 $1,151.83 367.60 25.73 10.00 $403.33 41 $1,045.91 73.21 60.00 $1,179.12 376.79 26.38 10.00 $413.17 42 $1,071.42 75.00 60.00 $1,206.42 385.98 27.02 10.00 $423.00 43 $1,096.93 76.79 60.00 $1,233.72 395.17 27.66 10.00 $432.83 44 $1,122.44 78.57 60.00 $1,261.01 404.36 28.31 10.00 $442.67 45 $1,147.95 80.36 90.00 $1,318.31 413.55 28.95 15.00 $457.50 46 $1,173.46 82.14 90.00 $1,345.60 422.74 29.59 15.00 $467.33 47 $1,198.97 83.93 90.00 $1,372.90 431.93 30.24 15.00 $477.17 48 $1,224.48 85.71 90.00 $1,400.19 441.12 30.88 15.00 $487.00 49 $1,249.99 87.50 90.00 $1,427.49 450.31 31.52 15.00 $496.83 50 $1,275.50 89.29 90.00 $1,454.79 459.50 32.17 15.00 $506.67 59 Appendix B (Continued) per ft RESERVED 6 MONTH RATE per ft MONTH 1 LENGTH $25.51 TAX CRR TOTAL $9.19 TAX CRR TOTAL 51 1,301.01 , 91.07 90.00 $1,482.08 468.69 32.81 15.00 $516.50 52 1,326.52 92.86 90.00 $1,509.38 477.88 33.45 15.00 $526.33 53 1,352.03 94.64 90.00 $1,536.67 487.07 34.09 15.00 $536.16 54 1,377.54 96.43 90.00 $1,563.97 496.26 34.74 15.00 $546.00 55 1,403.05 98.21 90.00 $1,591.26 505.45 35.38 15.00 $555.83 56 1,428.56 100.00 90.00 $1,618.56 514.64 35.00 15.00 $564.64 57 1,454.07 101.78 90.00 $1,645.85 523.83 35.00 15.00 $573.83 58 1,479.58 103.57 90.00 $1,673.15 533.02 35.00 15.00 $583.02 59 1,505.09 105.36 90.00 $1,700.45 542.21 35.00 15.00 $592.21 60 1,530.60 107.14 90.00 $1,727.74 551.40 35.00 15.00 $601.40 61 1,556.11 108.93 90.00 $1,755.04 560.59 35.00 15.00 $610.59 62 1,581.62 110.71 90.00 $1,782.33 569.78 35.00 15.00 _ $619.78 _ 63 1,607.13 112.50 90.00 $1,809.63 578.97 35.00 15.00 $628.97 64 1,632.64 114.28 90.00 $1,836.92 588.16 35.00 15.00 $638.16 65 1,658.15 116.07 90.00 $1,864.22 597.35 35.00 15.00 $647.35 66 1,683.66 117.86 90.00 $1,891.52 606.54 35.00 15.00 $656.54 67 1,709.17 119.64 90.00 $1,918.81 615.73 35.00 15.00 $665.73 68 1,734.68 121.43 90.00 $1,946.11 624.92 35.00 15.00 $674.92 69 1,760.19 123.21 90.00 $1,973.40 634.11 35.00 15.00 $684.11 70 1,785.70 125.00 90.00 $2,000.70 643.30 35.00 15.00 $693.30 71 1,811.21 126.78 90.00 $2,027.99 652.49 35.00 15.00 $702.49 72 1,836.72 128.57 90.00 $2,055.29 661.68 35.00 15.00 $711.68 73 1,862.23 130.36 90.00 $2,082.59 670.87 35.00 15.00 $720.87 74 1,887.74 132.14 90.00 $2,109.88 680.06 35.00 15.00 $730.06 75 1,913.25 133.93 90.00 $2,137.18 689.25 35.00 15.00 $739.25 76 1,938.76 135.71 90.00 $2,164.47 698.44 35.00 15.00 $748.44 77 1,964.27 137.50 90.00 $2,191.77 707.63 35.00 15.00 $757.63 78 , 1,989.78 139.28 90.00 $2,219.06 716.82 35.00 15.00 $766.82 79 2,015.29 141.07 90.00 $2,246.36 726.01 35.00 15.00 $776.01 80 2,040.80 142.86 120.00 $2,303.66 735.20 35.00 20.00 $790.20 81 2,066.31 144.64 120.00 $2,330.95 744.39 35.00 20.00 $799.39 82 2,091.82 146.43 120.00 $2,358.25 753.58 35.00 20.00 $808.58 83 2,117.33 148.21 120.00 $2,385.54 762.77 35.00 20.00 $817.77 84 2,142.84 150.00 120.00 $2,412.84 771.96 35.00 20.00 $826.96 85 2,168.35 151.78 120.00 $2,440.13 781.15 35.00 20.00 $836.15 86 2,193.86 153.57 120.00 $2,467.43 790.34 35.00 20.00 $845.34 87 2,219.37 155.36 120,00 $2,494.73 799.53 35.00 20.00 $854.53 88 2,244.88 157.14 120.00 $2,522.02 808.72 35.00 20.00 $863.72 89 2,270.39 158.93 120.00 $2,549.32 817.91 35.00 20.00 $872.91 90 2,295.90 160.71 120.00 $2,576.61 827.10 35.00 20.00 $882.10 91 2,321.41 162.50 120.00 $2,603.91 836.29 35.00 20.00 $891.29 92 2,346.92 164.28 120.00 $2,631.20 845.48 35.00 20.00 $900.48 93 2,372.43 166.07 120.00 $2,658.50 854.67 35.00 20.00 $909.67 94 2,397.94 167.86 120.00 $2,685.80 863.86 35.00 20.00 $918.86 95 2,423.45 169.64 120.00 $2,713.09 873.05 35.00 20.00 $928.05 96 2,448.96 171.43 120.00 $2,740.39 882.24 35.00 20.00 $937.24 97 2,474.47 173.21 120.00 $2,767.68 891.43 35.00 20.00 $946.43 98 2,499.98 175.00 120.00 $2,794.98 900.62 35.00 20.00 $955.62 99 2,525.49 176.78 120.00 $2,822.27 909.81 35.00 20.00 $964.81 100 2,551.00 178.57 120.00 $2,849.57 919.00 35.00 20.00 $974.00 60 r40FSett. c7 0 ��45KP INDIVIDUAL USER No Employees, No Other Operators User Initials. CRANE AGREEMENT AND INDEMNIFICATION Name: (" User") Phone: Address: P.O. Box or Street Address City State Zip ID Driver's License#: State of Issue: Account#: Section 1. Equipment Use Permit Subject to the conditions and limitations of this equipment use permit, which is hereafter called the "Permit", between User and the City of Seward, Alaska ("City"), the City hereby grants permission to User to access City-owned Crane. This Permit represents a nonexclusive privilege authorizing use of City-owned Crane at the North Dock located at SMIC and does not convey an interest or right to any City property or to the use of any City property. Section 2. User Access Card A. Upon execution of this Permit, User shall be issued a plastic Crane Access Card. Section 3. Term and Rates This Permit shall be in effect beginning on ("Effective Date") and ending three years later on . ("Term")When term expires, a new Agreement will need to be signed. In exchange for use of the City-owned crane under this Permit, User agrees to pay the City$52.00 a year for Three(3)years. This fee will be billed automatically to the User's account. In addition to the charge for this Permit, User shall be charged the published crane rates from the City of Seward Harbor tariff. Section 4. Training User shall, prior to operating any City-owned crane, verify the successful completion of the following: A. The City of Seward authorized online Hard Hat Training Course can be accessed here. The $50.00 charge for this training is the responsibility of the User. B. A fee of$52.50 for a proficiency training session with the public use crane administered by the City's Harbor Personnel. C. When training is complete, City of Seward personnel will complete a Crane Operator Card paper for the User that is valid for 3 years from the date of issue. After expiration. operator shall complete trainings again. 61 Section 5. Users Warranties and Representations A. User warrants that their use of City-owned crane is for individual use only. B. User shall comply with all federal, state, and local laws related to the operation and use of City- owned Crane. Section 6. Operation and Access A. The City does not guarantee the availability of City-owned Crane at any time. City-owned Crane may be unavailable due to City use or service without notice to User. B. User must have his or her Crane Operator Card (paper) in their possession at all times when operating City-owned Crane. C. User shall not allow any other person to use their Crane Operator Card (paper)or their Crane Access Card (plastic). D. City-owned Crane cannot be reserved and are available only on a first come first serve basis. However, offloading of fish shall be given priority over other uses of City-owned crane. E. User shall be fully alert and shall not be under the influence of alcohol or any controlled substance while operating or using City-owned Crane. User shall always use extreme care and caution when operating City-owned Crane. The harbormaster or his designee has full discretion to determine when a user is operating a City-owned crane recklessly or impaired. Impairment may include but is not limited to operating the crane while under the influence of alcohol or any controlled substance or operation of a City-owned crane while suffering from fatigue. If the Harbormaster determines that a user is unfit to operate City-owned crane, the Harbormaster or his designee has full authority to order user to immediately cease crane operations. Harbormaster may also prohibit a user from operating City-owned crane in the future. F. User agrees that he or she will immediately report to harbor personnel any accident involving crane use or any malfunction or problem with City-owned Crane. Any report must be received by harbor personnel within one (1) hour from accident or user's knowledge of any malfunction or problem with City-owned Crane. In the event of serious bodily injury, user shall first call 9-1-1 and then report the accident to Harbor Personnel. Section 7. Insurance A. Minimum Scope and Limits of Insurance. User shall carry and maintain at their expense general liability insurance covering their use and operation of City owned crane, with limits of liability of not less than$1,000,000 combined single limit bodily injury and property damage, $1,000,000 personal injury, and $2,000,000 aggregate. Section 8. Termination A. The Crane Operator Card may be revoked by the City at any time with or without cause and does not create a right of use. B. The Crane User Permit may terminate immediately and User's Operator Card shall be immediately revoked if User violates any provision of this Permit or federal, state or local law or City of Seward policies or procedures during operation of City-owned Crane. 62 Section 9. General Provisions A. This Permit is not transferable or assignable. B. Any provision or clause of this Permit that is deemed invalid by a court or otherwise by law shall not affect the validity of the remainder of the Permit. C. This Permit and the rights and obligations of the parties hereunder shall be construed in accordance with the laws of the State of Alaska.Any legal proceeding in connection with this Permit shall be in the trial courts of the State of Alaska for the Third Judicial District in Seward. It is understood that consultation and negotiation are the first option for resolving all disputes arising under this Permit. D. The failure of the City at any time to enforce a provision or part of this Permit shall in no way constitute a waiver of such provision or part, nor in any way affect the validity of this Permit or any part of this Permit.A waiver by the City of any provision or part of this Permit shall not be construed as a continuing or future waiver of such provision or part or as a continuing or future waiver of any other provision or part of this Permit.Any waivers of the Permit conditions shall be in writing and signed by both parties. E. No provision of this Permit shall be construed to create a partnership or joint venture or any other arrangement between the City and User under which the City would be liable for the debts, losses or liabilities of User. F. The parties intend this Permit to be the complete and exclusive expression of their agreement and the Permit granted to User. No representations or promises not contained in this document have been made by the City. No modification to this Permit may be made unless in writing and executed by both parties. G. This Permit has been submitted to the scrutiny of all parties and their counsel if desired, and it shall be interpreted without consideration to or weight given to its being drafted by any party or its counsel and interpreted according to its fair meaning and intent and not for or against either party. H. The Parties hereby warrant and represent that each has the authority to enter into and perform the obligations of this Permit and that the individual signing this Permit on behalf of User has the authority to enter into this Permit on behalf of the User. I. All notices or notifications required by this Permit to be effective must be in writing and delivered to the Harbor Office. Section 10. Individual User Release of Liability and Indemnification Agreement User hereby acknowledges that operation and use of crane owned by the City may be dangerous and even life-threatening if used incorrectly. User further acknowledges that the City, through its employees and other representatives, has provided User with required training materials related to the operation and use of the crane, which identify risks associated with operating the crane. User, on its behalf and on behalf of all its employees, designees, representatives, subcontractors, directors, officers, volunteers, administrators, agents, heirs, beneficiaries, executors, successors, assigns, and other entities or individuals claiming through it or affiliated with it(hereafter collectively referred to as "User"), hereby covenants and agrees to release, indemnify, and hold harmless the City, its employees, volunteers,officials, agents, officers, departments, boards, commissions, or other bodies(hereafter collectively referred to as the"City")from and for any and all demands, claims, actions,suits or causes of action, whether known or unknown, arising from any and all loss, damage, and/or mental or physical injury(including, but not limited to injuries leading to death and death itself)to any property or any person which is caused by or related to the operation or use of a City- owned crane by User. User also warrants that injuries, death or damage stemming from not only the inherent 3 63 risk of the operation of heavy equipment, like cranes, but also equipment malfunction or misuse, human error, ignoring a known hazard, and a defect in the property, including, but not limited to, the cranes or the dock on which the cranes are located, are all within the scope of this Release and Indemnification and User or individual through User or on his or her behalf is barred from bringing any and all present or future demands, suits, claims or causes of action arising from the City's conduct, including demands, suits, claims or causes of action arising from the City's negligence and User is obligated to indemnify and hold harmless the City for any such claims brought against the City that arise from the operation or use of a City-owned crane by User. The above list of potential causes of injury, death or loss is intended only to provide an example of the broad scope of this Release and Indemnification and is in no way intended to limit the Release to the named causes as this Release and Indemnification is intended to apply to any and all causes of liability. User is familiar with the decision of the Alaska Supreme Court in Young v. State, 455 P.2d 889(Alaska 1969)and it is still the undersigned's true intent and desire to fully release all of the entities and persons described above collectively as the City even though all of such entities and persons are not specifically named herein. User further acknowledges familiarity with the decision of the Alaska Supreme Court in Witt v. Watkins, 579 P.2d 1065 (Alaska 1978) and intends this release to discharge the City from any liability for damages or losses subsequently discovered or incurred or for damages or losses that are different in extent, degree, or kind than those now alleged, known, anticipated, or expected.This Release and Indemnification has been submitted to the scrutiny of all parties and their counsel if desired, and it shall be interpreted without consideration to or weight given to its being drafted by any party or its counsel and interpreted according to its fair meaning and intent and not for or against either party.This Release and Indemnification shall be governed by the laws of the State of Alaska. IN WITNESS WHEREOF,the parties hereto have read and understand and have executed this Permit and Indemnification as of the date first written below. INDIVIDUAL PERMIT HOLDER: By: Date: Print Name: Permit Expiration Date: (3 years from date signed above) CITY OF SEWARD, ALASKA: By: Date: Print Name: Office Use Online Training Completion Date: Proficiency Test Verified By: 4 64 of sets, lcASttiP COMMERCIAL/PERMIT HOLDER CRANE AGREEMENT AND INDEMNIFICATION Section 1.Euuiament Use Permit Subject to the conditions and limitations of this equipment use permit between("Permit Holder") Permit Holder Entity's Name: Account#: Phone: Email: Address: City,State,Zip: and the City of Seward,Alaska("City"),the City hereby grants permission to Permit Holder to access City-owned crane at the North Dock located at SMIC.Any person using this named Permit Holder's access plastic card to operate or use a City-owned crane shall be a"Covered Operator"under this Commercial Permit. This Permit represents a nonexclusive privilege authorizing use of City-owned crane and does not convey an interest or right to any City property or to the use of any City property. Section 2.Permit Holder Access Card A. Upon execution of this Permit,Commercial Permit Holder shall be issued a plastic crane access card. B. Any individual using Permit Holder's plastic access card shall be a"Covered Operator"under this Permit. Permit Holder warrants that prior to the use or operation of any City-owned crane,a Covered Operator must: (1) Complete required online and proficiency training(see Section 4) (2) Enter into and sign the Covered Operator Agreement and incorporated Indemnification Agreement (3) Comply with all other applicable provisions in this Permit. Section 3.Term and Rate This Permit shall be in effect beginning on ("Effective Date")and ending three(3)years later on .("Term")When term expires,a new Agreement will need to be signed. In exchange for use of City-owned crane under this Permit,Commercial Permit Holder agrees to pay the City $52.00 a year for two(2)Permit Access Cards(plastic)or$104.00 a year for four(4)Permit Access Cards.This fee will be billed automatically to Permit Holder's account.In addition,Permit Holder shall be charged the published crane rates from the City of Seward Harbor tariff. Section 4.Training Commercial Permit Holder shall,prior to operating crane owned by the City or permitting any employee, agent,representative,service provider,or other person to operate City-owned crane using Commercial Permit Holder's access card,ensure and verify that each Covered Operator has successfully completed: 1 65 A. The City of Seward authorized online Hard Hat Training Course at https://cityofseward- safetyclasses.talentlms.com/.The$50.00 charge for this training is the responsibility of the User or Permit }folder,not the City of Seward. B. A$52.50 fee for a proficiency training session at the public use crane administered by the City's Harbor personnel. C. When training is complete,City of Seward personnel will complete a Crane Operator Card(paper)for the User that is valid for three(3)years from the date of issue. Section 5.Permit Holder Warranties and Representations Permit Holder and its Covered Operators shall comply with all federal.state,and local laws related to the operation and use of any City-owned crane. Section 6.Operation and Access A. Permit Holder or any Covered Operator must have their Crane Operator Card(paper)in his or her possession at all times when operating any City-owned crane. B. Permit Holder agrees that all Covered Operators under its permit must immediately report to harbor personnel any accident involving crane use or any malfunction or problem with City-owned Crane.Any report must be received by harbor personnel within one(1)hour from accident or Covered Operator's knowledge of any malfunction or problem with City-owned cranes. In the event of serious bodily injury,user shall first call 9-1-1 and then report the accident to Harbor Personnel. C. The City does not guarantee the availability of City-owned Crane at any time.City-owned Crane may be unavailable due to City use or service without notice to Permit Holder or a Covered Operator. D. City-owned crane cannot be reserved and are available only on a first come first serve basis.However,the use of City-owned crane to offload fish shall be given priority over other uses. E. Permit Holder(plastic card)shall guarantee and prohibit any Covered Operator(paper card)from operating any City-owned crane recklessly or while impaired.The Harbormaster or his designee has full discretion to determine when a user is operating a City-owned crane recklessly or impaired. Impairment may include but is not limited to operating a crane while under the influence of alcohol or a controlled substance or operating a crane when suffering from extreme fatigue.If the Harbormaster determines that a user is unfit to operate City-owned crane,the Harbormaster or his designee has full authority to order user to immediately cease crane operations.Harbormaster may also prohibit a user from operating any City-owned crane in the future. If a Covered Operator is prohibited from operating City-owned crane due to reckless or impaired operation under this section of the Permit,Permit Holder shall ensure that the Covered Operator does not operate City-owned crane using Permit Holder's plastic access card.The City shall provide notice to Permit Holder of any action taken against a Covered Operator under this section within 24 hours of such action. Section 7.Insurance A. Minimum Scope and Limits of Insurance.Permit Holder shall carry and maintain at its expense general liability insurance,including,without limitation,insurance against assumed or contractual liability under this Permit, with limits of liability not less than$1,000,000 combined single limit bodily injury and property damage,$1,000,000 personal injury,and$2,000,000 aggregate.This insurance shall be primary and exclusive of any other insurance held by the City,and the policy purchased shall name the City as an additional insured with respect to the use or operation of City-owned crane by Permit Holder or a Covered Operator. 2 66 B. Verification of Coverage.Permit Holder shall deliver to the City certificates of insurance required by this section before using or operating City-owned crane or permitting any Covered Operator to use or operate City-owned crane. Section 8.Termination A. This Permit may be terminated by the City at any time with or without cause and does not create a right of use. B. This Permit may terminate immediately and Permit Holder's plastic access card may be immediately revoked if Permit Holder or any Covered Operator violates any provision of this Permit or federal,state or local law or City of Seward policies or procedures during operation of any City-owned crane.The Crane Operator Card for person violating any permit provisions will also be revoked. Section 9.General Provisions A.This Permit may not be transferred or assigned. B. Any provision or clause of this Permit deemed invalid by a court or otherwise by law shall not affect the validity of the remainder of the Permit. C. This Permit and the rights and obligations of the parties hereunder shall be construed in accordance with the laws of the State of Alaska.Any legal proceeding in connection with this Permit shall be in the trial courts of the State of Alaska for the Third Judicial District in Seward.It is understood that consultation and negotiation are the first option for resolving all disputes arising under this Permit. D. The failure of the City at any time to enforce a provision or part of this Permit shall in no way constitute a waiver of such provision or part,nor in any way affect the validity of this Permit or any part of this Permit.A waiver by the City of any provision or part of this Permit shall not be construed as a continuing or future waiver of such provision or part or as a continuing or future waiver of any other provision or part of this Permit. Any waivers of the Permit conditions shall be in writing and Signed by both parties. E. No provision of this Permit shall be construed to create a partnership or joint venture or any other arrangement between the City and Permit Holder or any Covered Operator under which the City would be liable for the debts,losses or liabilities of Permit Holder or any Covered Operator. F. The parties intend this Permit to be the complete and exclusive expression of their agreement and the Use Permit granted to Permit Holder.No representations or promises not contained in this document have been made by the City.No modification to this Permit may be made unless in writing and executed by both parties. G. This Permit has been submitted to the scrutiny of all parties and their counsel if desired,and it shall be interpreted without consideration to or weight given to its being drafted by any party or its counsel and interpreted according to its fair meaning and intent and not for or against either party. H. The Parties hereby warrant and represent that each has the authority to enter into and perform the obligations of this Permit and that the individual signing this Permit on behalf of Permit Holder has the authority to enter into this Permit on behalf of the Permit Holder. I. All notices or notifications required by this Permit to be effective must be in writing and must be delivered to the Seward Harbor office. 3 67 Section 10.Commercial/Permit Holder Release of Liability and Indemnification Agreement Permit Holder hereby acknowledges that operation and use of crane owned by the City may be dangerous and even life-threatening if used incorrectly.Permit Holder further acknowledges that the City has provided Permit Holder with required training materials related to the operation and use of the crane,which identify risks associated with operating the crane. Permit Holder,on its behalf and on behalf of all its employees,designees,representatives,subcontractors, directors,officers,volunteers,administrators,agents,heirs,beneficiaries,executors,successors,assigns,and other entities or individuals claiming through it or affiliated with it,and on behalf of any person using or operating City- owned crane with Permit Holder's access card(collectively referred to as"Permit Holder or its Covered Operators"), hereby covenants and agrees to release,indemnify,and hold harmless the City,its employees,volunteers,officials, agents,officers,departments,boards,commissions,or other bodies(hereafter collectively referred to as the"City") from and for any and all demands,claims,actions,suits or causes of action,whether known or unknown,arising from any and all loss,damage,and/or mental or physical injury(including,but not limited to,injuries leading to death and death itself)to any property or any person which is caused by or related to the operation or use of City-owned crane by Permit Holder or its Covered Operators. Permit Holder also warrants that injuries,death or damage stemming from not only the inherent risk of the operation of heavy equipment,like cranes,but also equipment malfunction or misuse,human error,ignoring a known hazard,and a defect in the property,including,but not limited to,the cranes or the dock on which the cranes are located,are all within the scope of this Release and Indemnification and Permit Holder and its Covered Operators are barred from bringing any and all present or future demands,suits,claims or causes of action arising from the City's conduct,including demands,suits,claims or causes of action arising from the City's negligence and Permit Holder is obligated to indemnify and hold harmless the City for any such claims brought against the City that arise from the operation or use of City-owned crane by Permit Holder or its Covered Operators.The above list of potential causes of injury,death or loss is intended only to provide an example of the broad scope of this Release and Indemnification and is in no way intended to limit the Release to the named causes as this Release and Indemnification is intended to apply to any and all causes of liability. Permit Holder is familiar with the decision of the Alaska Supreme Court in Young v.State,455 P.2d 889(Alaska 1969)and it is still the undersigned's true intent and desire to fully release all of the entities and persons described above collectively as the City even though all of such entities and persons are not specifically named herein.Permit Holder further acknowledges familiarity with the decision of the Alaska Supreme Court in Witt v.Watkins,579 P.2d 1065(Alaska 1978)and intends this release to discharge the City from any liability for damages or losses subsequently discovered or incurred or for damages or losses that are different in extent,degree,or kind than those now alleged,known,anticipated,or expected. This Release and Indemnification has been submitted to the scrutiny of all parties and their counsel if desired, and it shall be interpreted without consideration to or weight given to its being drafted by any party or its counsel and interpreted according to its fair meaning and intent and not for or against either party. The representative signing hereby warrants that he or she has authority to sign on behalf of Permit Holder. This Release and Indemnification shall be governed by the laws of the State of Alaska. IN WITNESS WHEREOF,the parties hereto have read and understand and executed this Permit as of the date first written below. 4 68 COMMERCIAL PERMIT HOLDER: By: Date: Printed Name Permit Expiration Date(3 years from sign date) Entity's Name Insurance Expiration Date Title(Permit Holder's Authorized Representative) CITY OF SEWARD,AK: By: Date: 5 69 SEWARD MARINE INDUSTRIAL CENTER DEVELOPMENT PLAN Prepared By Seward Harbormaster and Community Development Department In Cooperation with the Seward Port and Commerce Advisory Board Adopted by Resolution 2008-33 on April 28, 2008 70 Sponsored by: Oates CITY OF SEWARD,ALASKA RESOLUTION NO.2008-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REPEALING RESOLUTION 1995-007 AND ADOPTING THE UPDATED SEWARD MARINE INDUSTRIAL CENTER DEVELOPMENT PLAN WHEREAS,initial construction of the Seward Marine industrial Center began in 1980 with the shiplift becoming operational in 1985; and WHEREAS, the City has based the construction and development on a 1980 project description prepared by its consulting engineers;and WHEREAS,funding limitations and economics have slowed final development,and there is a need to provide priority directions for its full development;and WHEREAS,the Seward Port and Commerce Advisory Board initiated a plan to guide city management and private enterprise in the continued development and management of the Seward Marine Industrial Center;and WHEREAS, the City Council of the City of Seward,Alaska adopted the Seward Marine Industrial Development Plan on January 23, 1995 by Resolution 1995-007; and WHEREAS, through Resolution 2006-131, the City Council assigned the Port and Commerce Advisory Board to review and update the Seward Marine Industrial Development Plan; and WHEREAS, the Port and Commerce Advisory Board held multiple work sessions, work shops and public hearings to solicit public comments and discuss updates to the Seward Marine Industrial Development Plan;and WHEREAS,the Seward Marine Industrial Center Development Plan has been updated based on draft reviews and comments of the Port and Commerce Advisory Board,the public,the Planning and Zoning Commission and City Administration; and WHEREAS,the new Plan has been recommended for adoption by the Port and Commerce Advisory Board by PACAB Resolution 2008-01 on March 5,2008. 71 CITY OF SEWARD,ALASKA J RESOLUTION 2008-033 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,that: Section 1, Resolution 1995-007 of the City of Seward is hereby repealed. Section 2. The new Seward Marine Industrial Center Development Plan for the City of Seward, Alaska, attached and incorporated herein by reference is adopted. Section 3.The appendices will be updated administratively as needed. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 28th day of April 2008. THE CITY OF SEWARD,ALASKA .)? &41,4_L2 Clark Corbridge,Mayor AYES: Kellar,Amberg,Dunham,Valdatta,Hardman,Corbridge NOES: None ABSENT: Smith ABSTAIN: None ATTEST: • le Lewis`‘CMC, Ci Clerk ' -f ro.....f>�I *•,4 Of Sejy9'#,� (City Seal) 4•:O`�G io.9°°q,9'PDy��. Nsarl • I s_�� • •'•., OF A` s.***. ...--- 72 TABLE OF CONTENTS INTRODUCTION 1 TIIE PLAN 1 BASIC MARINE INFRASTRUCTURE 2 Basin 2 Docks 3 Shiplift Operations 4 Uplands 4 MANAGEMENT 4 LAND USE 5 Platting 5 Land Values 5 Land Uses 5 Parks and Recreation. 6 MARKETING 6 TRANSPORTATION 6 Roads 6 Parking 7 Airport 7 PUBLIC FACILITIES AND SERVICES 7 Public Facilities 7 Public Safety 7 Public Utilities 8 ENVIRONMENT AND WASTE MANAGEMENT 8 Environmental Concerns 8 Waste Management 9 APPEARANCE 9 Landscaping and Beautification 9 Signs 10 Zoning 10 Buildings 11 PLAN IMPLEMENTATION 11 Appendix 11 73 Exhibit A. Site map Fourth of July Creek Valley 13 Exhibit B. Preliminary Subdivision Layout 14 Exhibit C. Project Overview 1980 Project Description 15 Exhibit D. Site Plan 1980 Project Description 16 Exhibit E.Lease Sites 17 Exhibit F. Utility Layout I. Power Utilities ..18 II. Sewer Utilities ..19 III. Water Utilities 20 a. Ka 74 SEWARD MARINE INDUSTRIAL CENTER DEVELOPMENT PLAN INTRODUCTION During the mid-1970's, the City began developing a plan to create an industrial complex at the Fourth of July Creek area to service the maritime industry. The city annexed the valley in 1977, acquired lands through the Alaska Statehood Act Municipal Entitlement and completed the 1979 Fourth of July Creek Industrial Development Feasibility Study. That study identified four examples of industries that would be more likely than others to locate in the Fourth of July Creek area: fisheries, shipyard, petrochemical processing and heavy industry such as ore refining and bulk freight handling. The foundation for the project was a shipbuilding facility proposed by the Danish firm Burmeister-Wain to meet the high demand for new vessels in the king crab fisheries. With the crash of the fish stock in 1980, the project evolved into a mix of ship repair facilities, general cargo, fisheries processing, and other industrial uses. The project today is essentially as described in the 1980 Century-Quadra report entitled Fourth of July Creek Industrial Marine Park Project Description and shown on Figure 2 - Project Overview and Figure 3-Site Plan (Appendix Exhibits C &D). Upon completion of a comprehensive 1981 Environmental Impact Assessment, the City embarked on a multi-year construction project that ultimately invested the majority of the city's share of the port bonds and state oil revenues in an access road, the relocation of Fourth of July Creek, a retaining dike, basin, breakwater and shiplift, for a total investment of approximately $45 million. Access, utilities and land availability helped spawn development of the sawmill and the prison within the boundaries of the Fourth of July Creek valley complex. Although the shiplift has been operational since 1985, no major development activity has occurred in the portion known as the Seward Marine Industrial Center(SMIC). THE PLAN GOAL An action oriented document to guide the city and private enterprise in completing the development of a vibrant and successful marine industrial center. The Seward Marine Industrial Center Management Plan is a direct outgrowth of the community's desire to enhance, encourage and promote an atmosphere favorable for additional private sector economic development at the Seward Marine Industrial Center. For the purpose of this plan, the Seward Marine Industrial Center is considered to include the ±100 acres immediately adjacent to the harbor basin, south of Spring Creek and west of the prison property.(Appendix Exhibit A and B) 75 The Seward Marine Industrial Center Development Plan becomes a component of the City of Seward Comprehensive Plan. Whereas the comprehensive plan contains both advisory and binding elements, this plan contains only advisory elements comprised of goals, issues and actions. The binding element of the comprehensive plan is the Land Use Plan which is a legal document that must be adhered to and can be revised only by ordinance. As part of the process of finalizing the Plan, the City solicited initial suggestions from various public boards and commissions and interested groups such as the Seward Chamber of Commerce. The draft plan was presented to the public at advertised public hearings and through review by the aforementioned groups. The issues raised and recommendations made by those individuals and organizations are reflected in this document. An effective plan is one which is implemented. The City of Seward has a track record of accomplishing actions outlined in its plans. Recommendations from previous plans that have been accomplished within the SMIC area include: • Syncrolift with upland rail system; • 250 ton Travelift; • Bulk fuel facility; • 430' North Dock; • Fisheries dock and plant improvements; • Electrical substation; • Secondary sewer treatment plant; • Primary electrical,water and sewer systems; • Preliminary real estate subdivision plat; • Some fill and cargo laydown area; • Some utility improvements including area lighting; • Campground Improvements; and • Some Real Estate Development(leases and sales) BASIC MARINE INFRASTRUCTURE GOAL A dredged protected basin with adequate docks, ship lifts and uplands to form a core marine industrial center that will accommodate new businesses in supporting a stable economic base with year-round jobs. The Basin envisioned by the 1980 Century-Quadra concept was enclosed, protected and dredged to -21 feet mean lower low water (MLLW) to accommodate medium draft vessels for ship repair, cargo off loading and general moorage. The basin has been dredged to design with -25 foot berths adjacent to the Shiplift Dock and the North Dock. The basin is protected by a rip rap breakwater along the east shoreline, by a filled sheet pile cell 2 76 breakwater along the south and southwest, and by sheet piling along a section of the North Dock. It is still open to the bay along the west and northwest sides. 1. The unenclosed basin allows swells and surges which, at times,prohibits the loading and unloading of vessels of all sizes, and contributes to the damage of dock facilities and increases the potential for accidents. a. Aggressively pursue funding and engineering to enclose and protect the SMIC basin. b. Continue to work with the Corps of Engineers to review the feasibility of federal funding involvement in the hreakwater projects. 2. Unlike a rock rip rap breakwater, the gravel filled interconnecting sheet pile cellular cofferdams making up the South Breakwater require regular maintenance to prevent failure. a.Monitor and repair cathodic protection system as needed. Docks described in the 1980 Century-Quadra concept included an inner dock along the north basin shoreline, deepwater sheet pile cell breakwater and dock enclosing the basin, a ship repair dock, a boat ramp and other miscellaneous docks. A ship repair dock, small fish processing dock, barge ramp and medium draft cargo dock have been constructed and are in operation. 1. There is a growing demand for additional General Purpose Moorage dock space. a. Construct a north-south dock approximately 400' in length on the east side of the basin to connect the Fisheries Dock and the North Dock b.To increase moorage within the basin and the deepwater dock outside the basin. 2. The North Dock is not receiving much intended use and needs to be upgraded to provide a safe and efficient working area. a. Fill and create uplands behind the dock to add additional staging area to improve the efficiency and freight carrier operations at the facility. b. Repair Fendering System to remove as many protruding objects as possible from along the dock area to make loading operations more efficient and to prevent damage from loading operations. c. Surface the dock and staging areas with concrete, asphalt, crushed rock, or Roto mill(crushed asphalt)including the installation of drainage pipes. d. Upgrade the bumpering system to handle the sea swells and surges. 3. The Barge Ramp has never been completed and there is a concern about its need. a. If the ramp is deemed unnecessary, delete it to create additional dock face. 4. Fisheries Dock- there are no current improvements identified for this dock. 5. Travelift Dock-there are no current improvements identified for this dock. 3 77 6. Shiplift Dock a. Repair or replace Syncrolift dock ladders, bumpering system and corrosion control of the pipe piling in the splash zone by application of a protective coating. Shiplift Operations are divided between the mobile 250 ton Travelift and the 5000 long tons Syncrolift platform. The Syncrolift was an integral part of the original SMIC concept plan. The Travelift was purchased and put into operation by the City in 1990 to fill the demand for lifting vessels too small to economically use the Syncrolift platform, but too large for the city's 50 ton Travelift. 1. A number of improvements relative to the 250 ton Travelift operation have been identified. a. Fill and grade the storage area to the correct elevation and provide drainage. b. Expand existing water and electrical systems in the boat storage area. c. Develop full-service work stations for major maintenance/construction projects on vessels in order to limit the degree of maintenance allowed in the storage area. d. Provide Restrooms. 2. The Syncrolift, although owned by the City, is operated by a contractor through a Maintenance and Operating Agreement. The Uplands forming SMIC were for the most part created from the material dredged during the formation of the basin. The original design called for a grade of 18 feet above MLLW. The roads are to grade, but some of land is below desired grade. Drainage ditches were placed along Delphin and Olga Streets and the north property line divert water runoff in the summer. 1. During winter, ditches and culverts freeze causing runoff to pool in the lower areas behind roads. a. Fill and grade low lying areas for proper drainage. MANAGEMENT GOAL A management level that is responsive to the needs of its customers and users, adequately serves the public's needs, protects the city's investment and ensures public safety Security and concerns related to potential environmental pollution grow as the number of boats, cargo and equipment on site increase. Sufficient revenues are necessary for effective on site management and security of this public facility. 1. Seek a rate of return from the use of public facilities, land assets and equipment that will adequately cover deferred maintenance and replacement costs. 4 78 2. Review the Upland Boat Work Policy and Best Management Practices to insure compliance with the Clean Water Act and Local, State and Federal Laws and regulations where they apply. 3. Ensure that the facility and uses are consistent with the requirements of the Maritime Security Act of 2002 33.CFR 104.105 as applicable. LAND USE GOAL Sound, maximized and coordinated development of private and public uplands and facilities in support of the needs of the users and visitors Platting The city has formulated a subdivision of SMIC and the Fourth of July Creek Valley. The subdivision plat dedicates roads, and provides an as-built of utility and access easements. It creates legal lots for those existing leases and leaves the majority of the SMIC area in blocks. 1. Maintain an accurate map through the survey and plat amendment for all current and future leases. Land Values In order to provide adequate public services and maintenance at SMIC, it is important that the city receive a fair market value for the use of its limited land assets. 1. The annual rental payment shall be adjusted every five years. The adjusted annual rental payment to be paid under the terms of the lease shall be the appraised fair market rental value (the "Fair Market Rental Value") of the Leased Land at the highest and best use of the Lease Land. Land Uses SMIC is zoned Industrial. The Seward Zoning Code, Table 15.10.225 Land Uses Allowed establishes what uses are allowed within that district. Uses allowed within the SMIC should focus on strengthening and enhancing the area as a center for marine and other compatible industries. 1. Review Table 15.10.225 to ensure the uses listed are compatible with the overall intent of the SMIC area. Parks and Recreation. Under state statutes, the city is required to provide public access along Spring Creek, Fourth of July Creek and Resurrection Bay. Although the area is principally industrial, limited recreation opportunities can be made available without interfering with surrounding industrial uses. 1. Maintain access from Nash Road to the mouth of Spring Creek and provide a camping area. Include signage of the access route. 5 79 2.Maintain separation between the campground and industrial uses. MARKETING COAL A comprehensive marketing program primarily targeting fisheries, ship repair and marine transportation industries along with a healthy and complementary mix of commercial support business Current city marketing efforts include: attendance at trade shows, overseas trade missions, brochures and advertising. 1.Maintain identification of lands available for lease. (See Appendix Exhibit E) 2. Maintain a fair market value base line from which leases will be negotiated. 3. Maintain a sign along Nash Road and central to the SMIC area showing what lands are available for lease. 4. Continue to encourage multiple users. 5. Evaluate utility rates to encourage more usage while ensuring a fair return to the public utility system. TRANSPORTATION GOAL An adequate transportation infrastructure that will: (1) serve the needs of the industrial complex; (2)allow for growth; and (3)attract new business to the community. Roads. Nash Road provides the only ground access to SMIC and the Fourth of July Creek area. To adequately serve SMIC and attract new industries it is of the utmost importance to maintain and improve the public road system to the highest standard economically possible,to include paving. 1. Postpone paving interior SMIC streets until site and utility developments are completed. Although Parking has not been a problem in the past, as more activity develops, it will become imperative that vehicles park in designated areas off public roads and away from equipment activity. 1. Ensure that all lease sites include adequate area to comply with parking requirements set forth in the zoning code, and that lessees provide on site parking for employees and customers. 6 80 2. Maintain signage in parking areas in support of the public docks. Although not directly associated with SMIC, having a well maintained Airport is an important transportation link for the delivery of parts,goods and services to the industrial center businesses. 1. Continue to work with the Alaska Department of Transportation and Public Facilities to improve airport facilities and protect it from river flooding and erosion. PUBLIC FACILITIES AND SERVICES COAL A full range of public facilities and services adequate to provide a safe and comfortable work environment for users and visitors. Public Facilities range from limited to nonexistent. 1. Include construction of a public restroom/shower facility in the city's capital project plan. 2. Work with the local phone company to install additional public pay phone stations. 3. Install a Fire/Emergency Call Box. 4. Install paving, fill, fencing, storm water drainage collection, and treatment infrastructure. Public Safety in the industrial center is affected by funding and distance. Limited resources have not allowed the City to provide full police and fire protection afforded to the remainder of the community. The distance from town limits police coverage to an occasional patrol, and also increases fire response time. Although a pumper and rescue truck are located in the harbor storage building, there are no scheduled trained fire department personnel on site to operate then. 1. Evaluate each new development as to its impact on fire and police services. 2. Complete water system to loop all lines or upsize all cross feeder lines and provide additional fire hydrants. 3. Identify and reserve a site for a fire station to serve the Fourth of July Valley area. 4. Include a separate fire station in capital project plan,to accommodate more and/or larger equipment and supplies to support increased industrial development. Possibly include a joint small office for Seward Police. 7 81 5. Explore possible co-operative arrangements with Spring Creek Correctional Facility staff to provide initial fire or other public safety needs. Public Utilities such as primary water, sewer, and electrical service systems have not been extended throughout the undeveloped SMIC areas. (Appendix Exhibit F) The cost of extending these utilities creates a disincentive to the establishment of smaller businesses. 1. Improve the water and electrical systems in areas associated with the 250 ton Travelift, to accommodate increased public use. 2. Include in city capital planning the extension of electrical, sewer and water throughout the industrial area. ENVIRONMENT AND WASTE MANAGEMENT GOAL A high level of environmental regulatory compliance and a clean work environment Environmental Concerns The objective of the City is to maintain a clean work environment and to protect the land, water and air to the highest degree possible without making the area prohibitive for the type of activities associated with industrial areas. 1. Develop a comprehensive environmental plan to include any required mitigation plans to cover potential events in the SMIC industrial complex while maintaining compliance with the rules and regulations of the Environmental Protection Agency and the Alaska Department of Environmental Conservation. 2. Establish policies and procedures for monitoring and ensuring vessel storage/repair site clean up. 3. Develop and distribute use guidelines to lessees,operators and users of the area. 4. Designate a site and develop environmentally acceptable repair stations for ship repair including minor repairs, sand blasting and painting. Pave wash down station with rain water encapsulations. 5. Require compliance with present or future environmental regulations or controls to lessees or owners with regard to their operations on land within the area. Waste Management is integral to managing a successful industrial area where large amounts of waste are generated. Separation of steel, wood and general garbage is required at the Kenai Peninsula Borough (KPB) solid waste facility. It is illegal to dump used oil in solid waste containers. 8 82 1. Continue implementation and improvements of a program to control the separation, collection, recycling and disposal of waste generated at the industrial center, in accordance with established environmental policies and regulations/requirements of the KPB solid waste facility. 2. Continue to improve used oil collection procedures and disposal facilities to meet the demands of user groups and to ensure a clean environment. Monitor users to prevent any illegal discharge of solid or liquid waste. 3. Improve methods to monitor waste material disposal to control and reduce the costs associated with the collection of waste materials. 4. Prepare and file a "Storm Water Pollution and Prevention Plan"(SWPPP). APPEARANCE GOAL A high standard of aesthetic appearance and cleanliness through landscaping, litter control efforts, and development of public amenities that are in keeping with the industrial maritime theme of the area. Landscaping and Beautification Industrial areas do not have to be barren and devoid of natural aesthetics. An atmosphere that is pleasant and attractive to users and visitors alike can be cultivated and accomplished through thoughtful planning and landscaping efforts. 9 83 1. Where possible reduce scrap metal storage, trash, and other materials that may he considered offensive to the casual observer. 2. Encourage the planting of trees and other landscaping features to break up the barren gravel expanse. 3. Ensure that all businesses comply with city codes regarding the collection and disposal of trash. 4. Continue to place all electric utilities below ground. SIGNS, ZONING, BUILDING GOAL Signs Adequate public signing is important for the visitors to provide directions, identify streets, point out public facilities and to post rules and regulations. Private signing identifies places of business. 1. Review sign code to insure compatibility and adequacy with the industrial atmosphere. 2. Maintain a sign along Nash Road identifying and welcoming visitors to the Seward Marine Industrial Center. 3. Review public signing to ensure that it is adequate to the needs of the public and the city. 4. Install street signs throughout the industrial center to comply with local, state and federal regulations. 5. Maintain a sign denoting lands for lease and who to contact. Zoning code development requirements regulate open space for fire prevention/fighting,air and light. 1. Review zoning codes for height and set-back requirements, etc., to determine if they are consistent with the desired industrial center development. 2. Consider an overlay zone to allow support uses in SMIC that are not otherwise wanted in other industrial areas. 10 84 Buildings constructed to code are important to ensure safe working conditions, and to add to the community tax base. The city has adopted uniform building, fire, mechanical and plumbing codes. I. Ensure that all buildings are constructed to adopted building and fire code standards. 2. Review for consideration the use of temporary buildings and trailers. PLAN IMPLEMENTATION GOAL Adoption of the plan by resolution of the City Council and implementation by all identified participants For the City of Seward to realize the benefits of the SMIC Development Plan and thereby ensure sound growth and development, actions must be taken not only by the City of Seward, but by many other players within the community, the Borough, State and Federal Government. Following are specific actions which are necessary to ensure the successful implementation of this plan: Adopting a Plan shows commitment and establishes policy. Council should, by resolution, adopt the plan based upon recommendations of the Port and Commerce Advisory Board and the Planning and Zoning Commission. Use the Plan to guide the City of Seward in the appropriate quality growth and development of the SMIC. Consistent with its original intent, the plan will remain flexible. While it is intended that all actions presented in this plan will be implemented, it is recognized that changing conditions in the future may necessitate modifications of planned actions or the introduction of additional actions to satisfy local needs. The City recognizes the critical role of plans as key program documents to guide the community's capital budgeting process. It is recommended that the SMIC Development Plan be reviewed annually and updated within five years,or more often as needed. An annual review will help track accomplishments,changes and inadvertent omissions. Appendix (The attachments must be updated and kept current.) Exhibit A. Site map Fourth of July Creek Valley Exhibit B. Preliminary Subdivision Layout it 85 .. ,.. _ .. . ... , . ft eward Marine Industrial Center ,...... City of Seward, Alaska fourth of July Creek \'all.e\'' ,, .:.- . ,• -.. - S TA T-E• . ... CORRECTIONA-..'- -- . . . FACILITY . -- 4...- - • _ . • .. ' . . . akiP•---. ••••. $ AWMiLL , • ,i . Aipoip.o,,, 7. -.- . , ./- • "...0°- ,. . 142 ' fr* ' •„,.., .... . , •. . '..f i : \ ' , .s i.-..5.: -. .., ''''. • • rf 1 4R N./ ". ,. • ,,,,,_. . .... - CO Sewa -'''t Marine , ..,- . Indu - • . i'-a9 '4,... - ' _ ' • ....7 Center ( ., .,... .., , .4%. . . ..- . ' .. -. . ,Cd\k. • _ 4lik- . - _ ,. •• . .- • •• - . - ./ ' Ct. ''-• ' - ' N --- -''''''''"-- -r'.1', 4011.11, NORTH cmigmts <:..., ,... DOCK ,,.. •,,, ...,:- ..- ,fr.V. '; - . ,.• --4. SMI 0 C22210211 .ic ,-. BAS1 ' ',==_L , • i -.„ ..: .- .- .,..•.,.._•,. .; .0." t . f . — s ' * ... .. The graphlos on ffas map were -`•:•%. e....‘ .: '. S/IPRCL.RD i ,......"-- produced from the best evadable -•'''.'•,,, ' sources Tnt Cry of Seward aSsume , " Sewards Ship s0- Exhibit A no ntsponsdklity for any onass:ons -, •it., Drydock Inc .nacckaaaes or Othef eror3 that May ex.al,r;1 0,egeara tile 200,Gv ' . City Li :, ....... '----•- ---,------- ----------------,---------- '....' . -"41.1=11=1.11111111111 '11 I I II I II I I Me te.:.tA M/7;!X iT41%,:g Seward Marine 'Industrial Center PRIVATE LAND City Of Seward, Alaska li 1 BLOCK 1 BLOCK 10 2 w JELLISON AVE. N BLOCK 3 4 I BLOCK . Q o a 1 2 3 i w I i i 5 2 J i MUSTANG AVE. 1A 0) I1 h Z -OVA 1A OV to OVA = O w 2A w o w m 0°00 SMIC a BASIN / MORRIS AVE c2 1 -, 4 3 pV 0 o G i 1A t i 1L� ! ! Exhibit B ( i The graphics on Itis map were produced from the best available O4� 3 2 sources The City Of Seward assume 7503 no responsibility for any omissions (Fee[ inaccuracies or other errors that may exist LJ --------------------- SORREL RD. State Land FoWwry 12111 20X G WAPSUMC_PUMeLOCKS m.tl 0 . .. -h•I% 1 ,, • 0 • ;o • _ S.- 'qt1.1 1,(c.:-._,, .^,-.0.-•,..., .• . It , - :, ...; .,-,, ., .., „.•...._. "1 ' 1(47.-, \ i • 4' :ill'' • ,' ) \ t ...•,•4:t1.0„,‘,* ,-,1"-:" %,•1: ) •„, ',., r '• , .. :,,,.... NI -......,, •// el ' , • '„,. t:', ' ., . , li' \ * %.:•.,44 '‘c.. .....,,,,... .1.'4:..I.lr,k-•,A,. ., ...... ... % , ... 1 :/ . it;. a..."''. ..,r:',../ ., 1 • . , 4 .3,,,,,-, •..,.... Nam • ,,.., t -- ,•-.......-J-- -,-,.-, " t •1 '. ''' ' ' 's'- -Ai f.. , ,._ ‘ • . .:._/-• ••....a • II ,1,- VI 1 : -1, __ - -.4,--......4 - i• .‘, - ,At••, .,-.- ... ... . ',..._4,...„.......--te.'":1 4'•—-,../ "".'.'.41• • 'C..^f-.. ..."'s ., k , -,., ./.1, /L.' :.•; ' , .„7-1.,..... --...."-,-... i ce-1 RELOCATED . Vi• '''...‘.P.-- .-'j•V)0 is , FOURTH OF JULY CREEK Va. .1 , ii. \-... ... ... ,41, ,., .: .. • cl.... ...„.I, ':• . . ,,-,..0.- _ Z-1 \ Ari. Igo Dola..•11••Ii. II ,. .--::"*...'.'.,/0 ..'1--77. '. •4 1 C/-1- i "q} - Pz,N1 ([4 ,..A .),‘. .:.. ....,... - 2..., ,..• .rs-Sic--,2 -- e.--. f • , —A. .., . _ k ,.., _.,‘,.,,.. .1, ... _,.... ,,:../ . ,. 1. .,.; -.-•••••- ' "ye ..' '.i.'•sev •i;S:. -.ii.-...S. ' • 1:• .t. .. 'gi,' • 4 ,... . . ' ... r. . • ••N A, d) :C .:1,_ .- .1"...4 - •. the' --Ts.. . I — .-N / i i:/ t.N. . 2, , .. •••.•r• iii...: .... `.11-..., ....1.Z -t r N• :q -...,r,-.. --'1 - .' 1 ".- ...2- ''•;12,' p...,- ;. -'..\'`..-1,)1 pilomoi.srre • . '1 : , .. . k `t--1„e....„i:: f - ,' • '.0-.;f't -.••••••-••;;;If. .' -N.,..... ': • ' ' . •t POI wow see 1.10.3 .....Ay...F., t:3 -:',`-•- \1St '',- . lc .' .1 ..i g');•• ..--'''.:t'S -.. '..s. .•- ZI:"2.,,......7'"•‘;'.'"'"';': c. . -N, : _t , .., , . • A.,,T.i.•---- ----"..- -• '" ---• •-...:`5.- •..:....;•..-.:zi -.• . ...- -• : il: •-'' 'r: , 0 . t.,..1 :. 3 ,*. '..• '•..,-.7k•Z' • • I ..••• ' 'C .ss. 4 t a) • ., . .... ipraf.‘ - , ..S. .:••__I - ; . • it s‘ •, •••yr:T‘i . .••• 1.._,...-- ..,,..;•;,,5::• . \ , • , ., h.l...• "Ai -:..-- \ , . ...... . .. i\ :.. • . ..,„, • -• • ' : ‘;,„I" - IS, . • .. .- .. ' ..1.• N • ‘ . . . ..• f v. • NA. • r i ' . , '';.VIIollill - • atil .. op . - . . . - • •. Mali -.„ - • • -„..-• ....,f. —ii-Vir.:-=‘7:-7-- ---- . ,. .. ..... , 0, - .. . • . .. , • -., - - -..*Sz---„' .. 1.. '• '-. , tislFl ikAla .. - . I -•,.., - -,...•_-_. .7. _a .../" ... --..-----,--....;.•:.... t : — '''''-..,4 . - ' .- - rk.- .-7-11.3.) - ./. 7 •, i !? i ,•-/•••."'''. -'..V /1 *.;,•'''..' • ,. • , . ...b.. ,aXLm.....L . ..•..... I! P • - •h 7_, elt 4 , 4 FI r e 2 CENT LYRE gu . -'laMM1 Project Or•tvi•v. att-) .. • ......11, imiC.al.a‘..••,• .' . ..:i.....v. .... : :. ti,,,....,,.. _L....I . . . ., L X HI6IT C. .• db._____ • _. . • .. __ • UST CSF FACLmES ' • r .. PUsuc • ii1' % I. sll.ii.r.d Harbor Saab,'1000 ,aao •,J SottOrn 61,-22.00 Ft.Marano Datum(-27.70 Lend DIMINO 2. Gamna Cargo Dock, 1300'a 300•WId. Capacity 160.000 T/Yr. CAL , 3. Trona,Shed,100'a 600'a 20'Clear 11.1981. 4, Bonded 9/m.houso, 100'a 200•a 20'Clem Neigh( • 6. Open Bme uf1Or na •,212,300 B.F. I 6. °Poo General Storni).,426,600 B.F. RottrN 1 i / i 7. Darr 60.1 Mrd For 45 Sos)..60'. 2o'/Boat i 6. Boat Ramp ,30•Whirr. • 9. Smell Floating Dock For Tugs.Faro Boat.and Small Crafts. M lar•••11• w 10. 5h Ill.300•a 50'Platform 61ae. S 11. Dry Ty rtt.,7 Realities,250'Long, . 12. Tranaler PR,300'• 550'a 5'D..p a_ �Y~• ?Jl �O ;-•-- -- .1 i 13. Tr.n.1.r Crnaq.,300•a 40'. .. r.. i �/� .N, .. I U. Dry Bort7►o NUona,330'Long(lueao To Shipyard Operator) Tom.•,+�' 1;� dRl 1 / 15. Covered Small Boat Storage. 160'a 300'.Double Dn6Yr 1. �1t. .R 1.. I T. 120 f p«ell al 23'a 30% 'I V yL.-...--3 J 1S. Our6 Howe,fkal Aad alelbn,Ambulanu 60'■ 70'. ��I� i, `',, . 17. P.ra1/g, 130'a 000' For Approalm.l.iy 360 Car.. i I I I '.` 1s. HaroP.me.1.r eo a 30. II� I i _) � 10. Wrping DOIDMn ------- _ _- I `�� INFRASTRUCTURE . Ir--7-1 ; as 3,. 9...g.T.eatm.nl Pi.n 1. .' kfr;/T ISty;{yi ';'"1,.,l W:'... ' . 32. Storm Water Disposal Plant. i ` o. _ -G'�• 1 .r'-' , 33. Side HI Control Rooth i I �i• •.� _ - 34. Meals Sub-Slslion 1 ' /�' Ir• . 1 f • ., 35. R.cr..11o nal Parking I 1 • ,� I� ( - •• 36. Wall ll Rea.rvou /Q i S r': `■( y*'...+.- • t �•Ir 61. Pllvela Shipyard I `� ■ "'�L•�--- ler Arae 383,000 S.F. �`' I I, ` "" ` �y 62. shro�cn.ndi.ry.200'x300'Including 61 Drag.. - 1itsk �. E .i ,.... 4', �.,1 ; 63. Fish Processing Plant. 100'a 300'. •+.41 64. NO Lon, 100'a 60'. '- MILI ` , .r•(' - a t.. ..�'. ,. 66. PLe.Uo and Flbuglaas R.pau Shop,S0'• 80' a...c_._�_✓�r..__ _. - r' 66. Etoctr.nlc Shop.50'a 60'. ' -'r ��� . . • 67. Prep.Nr Repel/Shop.50'[BO'. 56. Boal EMM. R.Pau Shop.50'a 80'. AI a � 59. Cold Storage Building. 100'5 200'-. 61 ort..rie.laaca Rb Rep it. '••• '�' :4:' '�1rs' • , - , • •IT09) Ir//Ir -� .F •ora r� 1 ` Soo.11s re•I Or AN t 1. spa)!/� 1v1..`r 1 0 ir' /r �y,,J 4•l 01.'.'...:;-' .,4 f 11r 1 'r Figure s CENTURY ti �/y- • eat, _. - r rnf fel Y. '' �11'efIr. 43 .1L.Iv.ry,I.,,, _rdief.j Aj 'lf',f:• Sit.Plan A!` �, �C CAROL) ROBERTS City of Seward Marine Industrial Complex (SMIC) Lease Map 0 0.125 0.25 0.5 Mlles I. I I t I .i 1 1 1 ANDERSON JOHN C i D",--- _,_ LeBsed By: ACL:WIRELESS INC /f / Leased Ey: • Leased By. ALASKA ALASKA STATE STATE D N R GOLDBELT ��'� � INCORPORATED 1 _ ANDERSON t& ci URIC ET AL t teeth by: AVTEC FIRE -y He'r SHCitESIpE TRAINING CENTER/ 1 i , Leased By: PETROLEUM INC _ ALASKA GLOBAL TERMINALE FREIGHT Leased By: ., . ,'r' GCI CABLE INC [ C I.easel7 By: ti. POLAR MARRS N EQUIPMENT INC— • `PATRICK . ` h �I J �x,�.., t Laased By: i� W . i INLET FISH %to F---] 4 / PRODUCERS INC S Leased By: DOBSON CELLULAR — — _ � SYSTEMS INC Loosed 8 o Leased ay: :7 `=;y'-4.1 ^�Nfri UNITED STATES SEWARD SHIPS J RACING U y�*I ti : dNc RACING UOk>iiG > COAST GUARD jilamiorDOCK INCat, j4�4+. 4 ,is .r Legend /. `-1 ;�► CITY OWNED PARCELS INLET FISH ,�: J ' ling ALASKA DNR AVTEC FIRE TRAINING CENTER The p.apl.lb on MY mop wore pe0.c40 F....I•e ALASKA GLOBAL =I SEWARD RACING LIONS tail a'a'°°"OWES%Tn.City atSowell a'K^w+ Cie raw-racy lot any e..M.io.0,aaCcera6.{.a i, SEWARDS SHIPS DRYDOCK ® POLAR EQUIPTMENT INC v xen,nran mry..0 Map poCwN By SMm.d P.n,..p 0.55*..... NM ALASKA STATE DEPT ADMIN G•napSOWNFRSHIP SYr.i...n Mono nth tope Exhibit E 91 Industrial Center Seward Mae_. - ; Alaska City- of Seward 1 power Utilities STATE CORRECTIONAL a COFACILITY - � ia• CC SAWMILL nia• CC • 4/1- O rn \ q P _ `\.. f -t �\ JELLISONAVE r---•' � l ; a 1 �^ i - 0 P� MUSTANG AVE H `��` �� . • Legend0 la Seenon can NORM • • • NNW'Ur • fdeterr G Gail ��+ DOCK (yemeaa B stormu SMC 1.••—......• UndeccFa''a Underground n • BASIN MpRi�1SAVE• Steell-ght0°'e w ,,,,,,ft r pro �o � � •�����t� Exhibit �1 1�ect � . trans Pole,� Limits iyuced troThe grephiCe on trNg�TsBa cIe • Cit y dfrom the _ - _ — — .r,.�.The COY of Seward assume SHOPLIFT Sayan-is Sh P s _ Seward Marine Industrial Center City of Seward, Alaska Sewer Utilities STATE CORRECTIONAL FACILITY >- ce SAWMILL IX Q CY P4,0CO Q-\JP 9 CO K z z PJELLISON AV E Cn • fit`.. 0 MUSTANG AVE `\ ` z l\ CI NORTH �� g"• DOCK .t w 15 O SMIC MORRIS AVE O Legend " l l cct BASIN •- Seward Fish Outfall ❑ .mewldng Storm Dram Line ■ _Rt Staten IVSewa Wine • C.eanoot The graphics on this map were r - --- -- o o Dram Endpoint o Ptusn produced from the best availableStorm Drain Q Wmp Station sources The Orly of Seward assume no responsibility for any omissions. Exhibit F 2 Minnow inaccuracies les or caner errors that may exist SHIPLIFT31 Sewards Snips NIA HCI,:51,2008 GV.1:.P6l5MiC PLAN\pdrq.OA e_r:uner rta a Drydock Inc City Limits Seward Man• e Industrial Center ----._City of Seward Alaska - ---- r . i i VcJater Utilities ',) r. STATE CORRECTIONALa 11 FACILITY____________,,4 --- -i' cc \ ,)ko . : . , 4...--4.--. 1 ccSAW +--4L--#---;--- -:4 1 J�O rn 1 \- d Q' Qr I a Q v I \. 1 1 it l. JELOSON AVE. �>\` �42) � 1 MUSTANG AVE N �\ J' _ Legend �� --` ---Y -i� co Wes CICI a NORTH 1 0 • RUf an�gbe 1� DOCK i MORRIS AVE.01 7 BASIN 1 '�' i---i ,�,a„o, Feet __���m• � �-i � ,�_� Exhibit F3 -- - � mlts a Wes House cs Oft this map WWI 4-.14, City Li _ - The 9 ce6� the from Met S'/dl - _ -— u� rr,w CRY Sward.rms.• SHIPUFS Sowards SMp's _ _ - - n.vA(IGk Inc -