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<br />I <br /> <br />I <br /> <br />I <br /> <br />Sponsored By: Janke <br /> <br />CITY OF SEWARD, ALASKA <br />RESOLUTION NO. 2000-009 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, <br />ALASKA, APPROVING THE SHIPLIFT MAINTENANCE AND OPERATING <br />AGREEMENT BETWEEN THE CITY OF SEW ARD,ALASKAAND SEWARD <br />SHIP'S DRYDOCK, INC. <br /> <br />WHEREAS, since 1980 the City of Seward ("City") has provided for the development of the <br />Seward Marine Industrial Center ("SMIC"), and the City expended over $40 million in construction of <br />improvements to the area, including a syncrolift ship lift system, ship transfer system, and related rail <br />systems ("Shiplift Facility"); and <br /> <br />WHEREAS, by Resolution No. 95-001, the City Council approved the long-term lease of Lot <br />1, Block 7, SMIC ("Lease") and a Shiplift Maintenance and Operating Agreement with Seward Ship's <br />Drydock, Inc., and Resolution No. 95-001 was the subject of a referendum election, the result of which <br />upheld the aforementioned Resolution; and <br /> <br />WHEREAS, the Lease continues in full force and effect, and pursuant to the terms ofthat Lease, <br />Seward Ship's Drydock, Inc. may request renewal of the Maintenance and Operating Agreement if(l) <br />the Lease term has not expired before the renewal term of the Maintenance and Operating Agreement <br />would commence, (2) Seward Ship's Drydock, Inc. is not in default under the Lease, and (3) notice of <br />intent to renew the Maintenance and Operating Agreement is given to the City; and <br /> <br />WHEREAS, the prerequisites forrenewal of the agreement have been met, and the City Manager <br />has prepared a new Maintenance and Operating Agreement similar in form to the current agreement, <br />which new agreement shall be for a term less than five (5) years; and <br /> <br />WHEREAS, pursuant to Seward City Code Section 6.10.130, it is determined that the public <br />interest would be best served by not requiring competitive proposals from potential operators of the <br />Shiplift Facility because the current operator has satisfactorily performed under the current agreement, <br />uninterrupted service will benefit the public users and the current operator, there are economies in <br />maintenance and operation that are achieved through an operator with an adjacent business location, and <br />there is a benefit in retaining the current operator's expertise and experience in maintaining and operating <br />the City's Shiplift Facility; and <br /> <br />WHEREAS, Seward Ship's Drydock, Inc. agrees to continue the Shiplift Facility maintenance <br />requirements under the Maintenance and Operating Agreement which has limited the City's out-of-pocket <br />expenses relating to the Shiplift Facility; and <br /> <br />AMM00516143371001 <br />