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HomeMy WebLinkAboutAdden 3 male 1140W PAG 97-003 Addendum#03-97 ADDENDUM TO OPERATING PERMIT AND LEASE AMENDMENT (City of Renton to the Partnership of Cliff Howard and Fred Bahr, aka Sky Harbor) THIS ADDENDUM to Permit Agreement PAG 97-003 is effective as of the date hereinbelow executed by the City of Renton. RECITALS WHEREAS, the City of Renton and the Partnership of Cliff Howard and Fred Bahr, doing business on the Renton Municipal Airport under the collective name of Sky Harbor, and hereinafter referred to as The Partnership, have entered into an Operating Permit and Lease Amendment for the operation of an aeronautical activity on the Renton Municipal Airport; and WHEREAS, the Operating Permit and Lease Amendment between the City of Renton and The Partnership stipulates that two of the permitted purposes of use of the premises are the sale of fuel and oil to the public and the construction and operation of a bulk fuel storage facility; 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 affirms that it is fully aware of the requirements of the Minimum Standards for Commercial Aeronautical Activities and that the standards are uniformly applicable to all operators seeking the same franchise privileges; and WHEREAS, the Minimum Standards for Commercial Aeronautical Activities upon the Renton Municipal Airport stipulate that persons providing aviation fuel and oil sales or service to the public provide in-ground or below-ground level tank storage capacity of a minimum of 2,000 gallons each of jet fuel and aviation gasoline; and WHEREAS, the Minimum Standards for Commercial Aeronautical Activities for the Renton Municipal Airport were drafted in the 1960's, and WHEREAS, the technology involving storage tanks has changed considerably in 30 years, and WHEREAS, tank technology has takn into consideration environmental concerns as well as safety concerns, and OPERATING PERMIT AND AGREEMENT ADDENDUM NO.3 City of Renton to the Partnership of Cliff Howard,dba Cliff Howard Aviation ORIGINAL and Fred Bahr,dba Bahr Aero NNW PAG 97-003 Addendum#03-97 WHEREAS, below-ground tank leaks are difficult to detect and may cause harm before they are detected, and WHEREAS, above-ground tanks simplify early detection of leaks, and WHEREAS, The Partnership desires to immediately initiate providing public fuel and oil sales, but desires to provide bulk fuel storage in above-ground tanks, rather than in-ground or below-ground tanks; and WHEREAS, The Partnership has requested authority to provide temporary storage of jet fuel and aviation gasoline, to transfer fuel from these temporary storage facilities to approved refueler vehicles, and to dispense fuel from these vehicles to aircraft, while awaiting approval of required and necessary City of Renton permits and the delivery and installation of appropriate aviation fuel storage tanks. NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND THE PARTNERSHIP OF CLIFF HOWARD AND FRED BAHR, DOING BUSINESS ON THE RENTON MUNICIPAL AIRPORT COLLECTIVELY AS SKY HARBOR, TO AMEND PERMIT PAG 97-03 AS FOLLOWS: WITNESSETH: 1. The Partnership agrees that it shall submit completed applications for two permits to install two above ground tanks, one for jet fuel and one for aviation gasoline, and each with a minimum capacity of 2,000 gallons, and shall simultaneously submit two permits for two electronic monitoring systems, one for each tank, a total of four permit applications. 2. The Partnership agrees that it shall submit completed applications for two permits to temporarily store jet fuel and aviation gasoline, such fuel to be transferred to an approved refueler vehicle prior to being dispensed to an aircraft. 3. Upon the date of the City of Renton's approval of the permits for the temporary storage of jet fuel and aviation gasoline, The Partnership shall be authorized to provide fuel to the aviation public from the temporary storage facilities for a period of not more than 150 days from the date of payment of the plan review fees for the temporary fuel storage permits. 4. The Partnership may provide only aviation gasoline to the aviation public during the period of temporary authority outlined in paragraph 3, above. The Partnership must be prepared to provide jet fuel to the aviation public, in addition to aviation gasoline, OPERATING PERMIT AND AGREEMENT ADDENDUM NO. 3 City of Renton to the Partnership of Cliff Howard, dba Cliff Howard Aviation and Fred Bahr,dba Bahr Aero NOW PAG 97-003 Addendum#03-97 within seven (7) working days of the delivery, by hand or by posting, of the notification to The Partnership that The Partnership provide jet fuel to the aviation public. If such notification is delivered,jet fuel shall be provided by The Partnership on the same basis as aviation fuel is provided to the public. 5. If jet fuel is not provided by The Partnership to the aviation public within seven (7) working days of the delivery of the notification, as specified above, then the sale of aviation fuel to the public must cease immediately and may not be resumed until such time as both jet fuel and aviation gasoline are again made available to the public by The Partnership. 6. Unless two (2), not less than 2,000 gallon capacity, above ground fuel storage tanks have been installed and approved for use by the City of Renton, sale of aviation fuel to the public must cease 150 days from the date of payment of plan review fees for the temporary fuel storage permits. 7. If the sale of aviation fuel to the public is terminated under the conditions cited in paragraph 7, above, sale of aviation fuel to the public may not be resumed until such time as two (2), not less than 2,000 gallon capacity, above-, in- or below-ground tanks, have been installed and approved for use by the City of Renton. 8. In the event any portion of the Addendum or the Operating Permit are found to be void, the remainder of the Addendum and/or the Operating Permit shall remain in full force and effect. THE PARTNERSHIP CITY OF RENTON Je se Tanner, Mayor Cliff AdIwa, rd, Partner ATTEST Ma 1 n J. Petersen, City Clerk Approved as to form: 4edahr, rtner AM,-��.v�c�P City Attorney Permits/HwdBhrA5 OPERATING PERMIT AND AGREEMENT ADDENDUM NO.3 City of Renton to the Partnership of Cliff Howard,dba Cliff Howard Aviation and Fred Bahr,dba Bahr Aero