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HomeMy WebLinkAboutAdden 08 `"'`` "'r'` LAG 84-006 Addendum#08-99 ADDENDUM TO LEASE AGREEMENT (City of Renton to Cliff Howard and Fred Bahr, aka Sky Harbor Aviation) THIS ADDENDUM to Lease Agreement 84-006 is effective as of the date of execution by the City of Renton, as indicated on the last page of this addendum. RECITALS WHEREAS, the Partnership assumed lease LAG 84-006 from Puget Sound Industries, Inc., as of March 25, 1997, and WHEREAS, underground bulk fuel storage tanks previously located within the leased premises were removed prior to assumption of the lease by the Partnership, and WHEREAS, the Partnership contracted for analyses to identify the condition of the soils within their leased premises, and WHEREAS, test results indicate that the former underground tank area, previously located in the southeast corner of the leased area identified as the East Tie Down Area in Exhibit "A", has no petroleum hydrocarbons above the cleanup level, and WHEREAS, test results indicate that petroleum hydrocarbon levels above the Washington State Model Toxic Control Act level exist below the hangar building floor at boring site B-10 on Exhibit "A", and WHEREAS, the Partnership did not engage in the fueling or refueling of aircraft within or upon their leased premises, and WHEREAS, the Partnership desires clarification that they are not responsible for remedial action under the State of Washington's Model Toxics Control Act (MTCA) for petroleum hydrocarbons or any such hazardous substance on, in, or at the premises, not caused by Lessee, prior to their assumption of the Lease. NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND THE PARTNERSHIP AS FOLLOWS: WITNESSETH: 1. The Lessor and Lessee agree that Lessee and its assignee shall have no responsibility to the Lessor, or any other third party, for remedial action under R.C.W. 70.105D, or other legislation, in the event of a release of or disposition of any such hazardous substance on, in, or at the Premises, and not caused by Lessee, prior to or during the term of this Lease. Lessor agrees to indemnify and hold harmless the Lessee Lease Agreement 84-006 Assumed March 1997 by the Partnership of Cliff Howard,dba Cliff Howard Aviation 7014 w� 1 and Fred Bahr,dba Bahr Aero,and both r w also known as Sky Harbor Aviation Noe LAG 84-006 Addendum#08-99 and its assignee from any obligation or expense, including fees incurred by the Lessee or its assignee for attorneys, consultants, engineers, damages, including environmental resource damages, etc., arising by reason of the release or disposition of any such hazardous substance upon the Premises not caused by Lessee, including remedial action under R.C.W. 70.105D, prior to or during the term of this Lease. 2. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. THE PARTNERSHIP CITY OF RENTON a Municipal Corporation C7110"00•4".. Cliff H rd, Partner Mayor Jesse Tanner p Iff!.._r 'A EA° 04) Fre' Bahr, Partn r City Cler grilyn J. Petersen 11'011) /7 Date Lease Agreement 84-006 2 Assumed March 1997 by the Partnership of Cliff Howard,dba Cliff Howard Aviation and Fred Bahr,dba Bahr Aero,and both also known as Sky Harbor Aviation .• ` N GN N O�1 q C O co - ILL co to =O N o- E dJ Q 8. H cirn CO C t W iii S9 4,2 s g E o u) 41 Z ii �$ i 1gz OL g w A V, g /* MD # ! a % : d "K. i . i i i' c /�I-/ i AA i i % < Ah / ! , � I i i i Jr iu, rb ( 1 v i 8 i I i I i ! i \\ i i i _o i j °� i i i c i � i o i ! j =. i i i :a' i (-- _ i /' .....i i i% I j .. . ..... ' i i ii,yN / J / i ,a-s % \ \ /' ' ..\ I i• :1� i i n •\ + \ \ i a' X W LL Centerline Z W ___._._._.------ Runway Y i KO o l01,00*I