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PAG-02-001
OPERATING PERMIT AND AGREEMENT
between the City of Renton and
A-1 Fueling Services,Inc.
THIS IS A PERMIT TO OPERATE AN AVIATION RELATED ACTIVITY UPON THE
RENTON MUNICIPAL AIRPORT AND AGREEMENT between THE CITY OF RENTON, a
Washington municipal corporation ("Permittor"), and A-1 Fuel Services, Inc., a Washington
corporation ("Permittee").
IN CONSIDERATION of the covenants and agreements hereinafter set forth, the parties
agree as follows:
1. ACKNOWLEDGEMENT OF SUB-LEASE: Pursuant to lease agreement LAG 01-
88, executed on March 10, 1988, and effective as of January 1, 1988, the City of Renton (Lessor)
granted a lease of the subject premises to Bruce J. Leven, as Lessee, for the construction and
operation of aircraft storage facilities.
Thereafter, Bruce J. Leven (Lessee) sublet the subject premises to A-1 Fuel Services, Inc.,
(Sublessee) by sublease agreement executed on April 1, 2002, for use for any lawful purpose.
1.1. Legal Description: A legal description and map of the premises leased by A-1
Fuel Services, Inc., the Permittee, is described in Exhibit A attached hereto, and incorporated by
this reference.
SUBJECT TO:
(1) Easements, restrictions and reservations of record and as further set forth
herein;
(2) Such rules and regulations as now exist or may hereafter be promulgated
by the Permittor from time to time, including the Airport's Minimum Standards
which are incorporated herein by this reference, and Permittor's standards
concerning operation of public aviation service activities from the Airport; and
(3) All such non-discriminatory charges and fees for such use as may be
established from time to time by Permittor; and
TOGETHER WITH the privilege of Permittee to use the public portion of the
Airport, including runway and other public facilities provided thereon, on a
non-exclusive basis.
1.2. No Conveyance of Airport: This Operating Permit and Agreement shall in no
way be deemed to be a conveyance of the Airport, and shall not be construed as providing any
special privilege for any public portion of the Airport except as described herein. The Permittor
OPERATING PERMIT ORIGIML
City of Renton to A-1 Fuel Services,Inc.
reserves the right to lease or permit the use of any portion of the Airport for any purpose deemed
suitable for the Airport, except that portion that is permitted hereby.
1.3. Nature of Permittor's Interest: It is expressly understood and agreed that Permittor
holds and operates the Airport, and the Premises under and subject to a grant and conveyance
thereof to Permittor from the United States of America, acting through its Reconstruction
Finance Corporation, and subject to all the reservations, restrictions, rights, conditions, and
exceptions of the United States therein and thereunder, which grant and conveyance has been
filed for record in the office of the Recorder of King County, Washington, and recorded in
Volume 2668 of Deeds, Page 386; and further that Permittor holds and operates said airport and
premises under and subject to the State Aeronautics Acts of the State of Washington (chapter
165, laws of 1947), and any subsequent amendments thereof or subsequent legislation of said
state and all rules and regulations lawfully promulgated under any act or legislation adopted by
the State of Washington or by the United States or the Federal Aviation Administration. It is
expressly agreed that the Permittee also accepts and will hold and use this lease and the Premises
subject thereto and to all contingencies, risks, and eventualities of or arising out of the foregoing,
and if this lease or the period thereof or any terms or provisions thereof be or become in conflict
with or impaired or defeated by any such legislation, rules, regulations, contingencies or risks,
the latter shall control and, if necessary, modify or supersede any provision of this lease affected
thereby, all without any liability on the part of or recourse against the Permittor in favor of
Permittee, provided that Permittor does not exceed its authority under the foregoing legislation,
rules and regulations.
1.4. Future Development/Funding: Nothing in this lease contained shall operate or be
construed to prevent or hinder the future development, improvements, or operation of Airport by
Permittor, its agents, successors or assigns, or any department or agency of the State of
Washington or of the United States, or the consummation of any loan or grant of federal or state
funds in aid of the development, improvement, or operation of the Renton Airport.
2. TERM OF LEASE, SUBLEASE AND OPERATING PERMIT:
2.1. Initial Term: The term of the sublease to A-1 Fuel Services, Inc. is for a period of
ten (10) years commencing on April 1, 2002 and terminating on March 31, 2012.
2.2. Extended Term: Bruce J. Leven has granted Permittee an option to renew the
sublease for two (2) separate three (3) year options. Nothing in the sublease obligates the City of
Renton to automatically renew this permit..
2.3. Permit Term: The term of this Operating Permit is ten (10) years, renewable upon
written application at least one hundred eighty (180) days prior to the date of expiration. This
renewal is not automatic and the City of Renton is not obligated to renew this permit.
OPERATING PERMIT 2
City of Renton to A-1 Fuel Services,Inc.
3. RENTAL:
3.1. Rent on lease: As rental for the premises described in LAG 01-88, Bruce J. Leven,
Lessee has agreed to pay Permittor a monthly rental in the sum of$1,928.43 throughout the 60
month period commencing on June 1, 2000.
3.2. Rent on sublease: As rental for the premises described in paragraph 1, above, during
the term of this permit, Permittee has agreed to pay Bruce J. Leven (Lessee) a monthly rental in
the sum, not to exceed the land lease amount paid by Lessee for the one hundred twenty (120)
month period commencing on April 1, 2002. The date of execution of the sublease was as of
April 1, 2002. In the event Lessee fails to pay the rent identified in paragraph 3.1, then Permittee
may, whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in
LAG 01-88, pay said rent, when due. In the event neither the Lessee nor Permittee pay said rent,
then the Permittor may terminate this permit with ten working (10) days written notice.
3.3. Other Charges: Permittee further agrees to pay all fees and charges now in effect or
hereafter levied or established by Permittor, or its successors, or by any other governmental
agency or authority, being or becoming levied or charged against the premises, structures,
business operations, or activities conducted by or use made by Permittee of, on, and from the
leased premises which shall include, but not be limited to, all charges for light, heat, gas, power,
garbage, water and other utilities or services rendered to said premises as of April 1, 2002.
3.4. Leasehold Excise Tax: In the event that the State of Washington or any other
governmental authority having jurisdiction thereover shall hereafter levy or impose any similar
tax or charge on the leasehold estate described herein, and Lessee fails to pay said tax or charge,
then Permittee may, whether Permittee subleases all or part of Lessee's Airport leasehold interest
as described in LAG 01-88, pay said tax or charge, when due. Such tax or charge shall be in
addition to the regular monthly rentals. In the event neither the Lessee nor Permittee pay said tax
or charge, then the Permittor may terminate this permit with ten (10) working days by written
notice.
4. PAYMENT OF UTILITIES AND RELATED SERVICES:
4.1. Whether Permittee subleases all or part of Lessee's Airport leasehold interest as
described in LAG 01-88, and Lessee fails to pay such utilities and service charges, then Permittee
may pay all light, heat, gas, power, garbage, water, sewer and janitorial services used in or on the
Premises when due. In the event neither the Lessee nor Permittee pay said utility or service
charges, then the Permittor may terminate this Permit with ten (10) working days by written
notice.
Permittor shall not be liable for any loss or damage caused by or resulting from any variation,
interruption, or failure of said utility services due to any cause whatsoever; and no temporary
interruption or failure of such services incident to the making of repairs, alterations or
improvements, or due to accident, strike, act of God, or conditions or events not under
Permittor's control, shall be deemed a breach of the Permit or as an eviction of Permittee, or
relieve Permittee from any of its obligations hereunder.
OPERATING PERMIT 3
City of Renton to A-1 Fuel Services,Inc.
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5. PERMITTEE'S ACCEPTANCE OF PREMISES:
5.1. General Acceptance of Premises: By occupying the Premises, Permittee formally
accepts the same in AS IS condition, and acknowledges that the Permittor has complied with all
the requirements imposed upon it under the terms of this Permit with respect to the condition of
the Premises at the commencement of this term. Permittee hereby accepts the premises subject
to all applicable zoning, municipal, county and state laws, ordinances and regulations governing
and regulating the use of the premises, and accepts this Permit subject thereto and to all matters
disclosed thereby and by any exhibits attached hereto. Permittee acknowledges that neither
Permittor nor Permittor's agent has made any representation or warranty as to the suitability of
the Premises for the conduct of Permittee's business or use. Except as otherwise provided herein,
Permittor warrants Permittee's right to peaceably and quietly enjoy the premises without any
disturbance from Permittor, or others claiming by or through Permittor.
6. PURPOSE AND USE:
6.1. Use of Premises: The Permittee is authorized to conduct the following described
aeronautical activities from the subleased premises:
6.1.1. The operation of(1)retail aircraft fuel and oil sales (2) a flight store selling pilot
supplies and accessories (3) outdoor aircraft tiedown and float storage, (4) food
sales, (5) aircraft parts sales, (6) aircraft maintenance, (7) aircraft rental and
leasing, (8) aircraft sales, (9) aviation business services, and (10) aircraft detailing
all in accordance with the Minimum Standards as currently drafted or hereafter
amended, for the operation of each type of commercial aeronautic activity at the
Renton Municipal Airport.
6.1.2. Definition: Aviation Business Services shall mean: Providing a space for an
accountant who provides aviation accounting services, and providing a space for
an agent of a car rental company that provides car rentals to pilots or passengers
of itinerant or based aircraft.
6.2. Continuous Use: Permittee covenants that the premises shall be continuously used
for those purposes during the term of the Permit, shall not be allowed to stand vacant or idle, and
shall not be used for any other purpose without Permittor's written consent first having been
obtained. Consent of Permittor to other types of activities will not be unreasonably withheld.
6.3. Provision of Fuel Service: The minimum hours of operation for the sale of 10OLL
fuel shall be seven (7) days per week, 7:00 am to 8:00 PM May thru September and 8:00 am to
5:00 PM October thru May. A "call out" fueler must be available 24 hours per day and arrive
with one (1) hour of fuel request. Exceptions are allowed for national emergencies, security
alerts, national events or FAA directives. In the event that the sole provider of Jet A fuel
permanently discontinues operations at Renton Municipal Airport, or otherwise experiences a
catastrophic event that prevents the distribution of Jet A fuel, A-1 Fuel Services, Inc. will be
required to provide Jet A fuel to airport tenants within thirty calendar(30) days while a long term
solution is sought by the Permittor.
OPERATING PERMIT 4
City of Renton to A-1 Fuel Services,Inc.
6.4. Non-Aviation Uses Prohibited: Permittee agrees that, except as expressly provided
above, the Premises may not be used for uses or activities that are not related, directly or
indirectly, to aviation.
6.5. Signs: No advertising matter or signs shall be at any time displayed on the leased
premises or structures without the prior written approval of Permittor, which will not be
unreasonably withheld. One sign, of the type and dimensions specified by the Airport Manager,
shall be permitted to be displayed on the Rainier and Airport Way entrance fences through the
termination date of this permit.
6.6. Conformity with Rules: Permittee further covenants to keep and operate the
Premises and all structures, improvements, and activities in conformity with all rules, regulations
and laws now or hereafter adopted by Permittor, including the Airport's Minimum Standards
which are incorporated herein by this reference, the Federal Aviation Administration, the laws or
regulations of the state of Washington pertaining to Aeronautics, or other duly constituted
governmental authority, all at Permittee's cost and expense.
6.7. Waste, Nuisance, Illegal Activities: Permittee covenants that he will not permit any
waste, damage, or injury to the Premises or improvements thereon, nor allow the maintenance of
any nuisance thereon, nor the use thereof for any illegal purposes or activities.
6.8 Increased Insurance Risk: Permittee will not do or permit to be done in or about the
premises anything which will be dangerous to life or limb, or which will increase any insurance
rates upon the premises or other buildings and improvements.
7. HAZARDOUS WASTE:
7.1. Permittee's Representation and Warranty: In particular, Permittee represents and
warrants to the Permittor that Permittee's use of the Premises will not involve the use of any
hazardous substance (as defined by R.C.W. Chapter 70.105D, as amended), other than fuels,
lubricants and other products which are customary and necessary for use in Permittee's ordinary
course of business.
7.2. Standard of Care: Permittee agrees to use a high degree of care to be certain that no
such hazardous substance is improperly used, released or disposed on the Premises during the
term of this lease by Permittee, its agents or assigns, or is improperly used, released or disposed
on the premises by the act of any third party.
7.3. Indemnity: The parties agree that Permittor shall have no responsibility to the
Permittee, or any other third party, for remedial action under R.C.W. Chapter 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 Permittor, during the term of this Permit. Permittee agrees to
indemnify and hold harmless the Permittor from any obligation or expense, including fees
incurred by the Permittor 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 Permittor, including remedial action under R.C.W.
OPERATING PERMIT 5
City of Renton to A-1 Fuel Services,Inc.
NOW
Chapter 70.105D, during the term of this Permit. The parties also agree that the Permittee shall
have no responsibility for remedial action under R.C.W. Chapter 70.105D, or other Legislation,
for releases or depositions of any hazardous substance on, in or at the Premises where the
Permittee can show to the Permittor that the release occurred prior to April 1, 2002. 7.4.
Dispute Resolution: In the event of any dispute between the parties concerning whether any
release of or disposition of any such hazardous substance on, in or at the premises (a) occurred
during the term of this lease, or (b) was caused by Permittor, the parties agree to submit the
dispute for resolution by arbitration upon demand by either party. Each party shall select one (1)
arbitrator. The two (2) selected arbitrators, if unable to agree upon an arbitration award within a
period of thirty (30) days after such appointment, shall select a third arbitrator. The third
arbitrator shall be an engineer with experience in the identification and remediation of hazardous
substances. The arbitrators shall make their decision in writing within sixty (60) days after their
appointment, unless the time is extended by the agreement of the parties. The decision of a
majority of the arbitrators shall be final and binding upon the parties. Each party shall bear the
cost of the arbitrator named by it. The expenses of the third arbitrator shall be borne by the
parties equally.
8. MAINTENANCE:
8.1. Maintenance of Premises: The Premises and all of the improvements or structures
thereon and authorized by the Permittor for use by the Permittee, shall be used and maintained by
Permittee in an operable, neat, orderly, and sanitary manner. Permittee shall maintain the
aviation apron pavement so as to prevent damage and deterioration, and shall perform, as a
minimum, weed control and crack filling at regular intervals. Permittor shall not be called upon
to make any improvements, alteration, or repair of any kind upon the Premises. Permittee is
responsible for the clean-up and proper disposal at reasonable and regular intervals of rubbish,
trash, waste and leaves around the Premises, including that blown against fences bordering the
Premises, whether as a result of the Permittee's activities or having been deposited upon the
Premises from other areas.
8.2. Removal of Snow/Floodwater/Mud: Permittee shall be responsible for removal of
snow and/or floodwaters or mud deposited therefrom from the Premises and those areas of the
Sublessor utilized by the Permittee, with the disposition thereof to be accomplished in such a
manner so as to not interfere with or increase the maintenance activities of Permittor upon the
public areas of the Airport.
8.4. Permittor May Perform Maintenance: If Permittee fails to perform Permittee's
obligations under this Paragraph, Permittor may at its option (but shall not be required to) enter
the Premises, after thirty (30) days'prior written notice to Permittee, and put the same in good
order, condition and repair, and the cost thereof together with interest thereon at the rate of
twelve (12%) percent per annum shall become due and payable as additional rental to Permittor
together with Permittee's next rental installment.
9. ALTERATIONS:
OPERATING PERMIT 6
City of Renton to A-1 Fuel Services,Inc.
9.1. Protection from Liens: Before commencing any work relating to alterations,
additions and improvements affecting the Premises, Permittee shall notify Permittor in writing of
the expected date of commencement thereof. Permittor shall then have the right at any time and
from time to time to post and maintain on the Premises such notices as Permittor reasonably
deems necessary to protect the Premises and Permittor from mechanics' liens, materialmen's liens
or any other liens. In any event, Permittee shall pay when due, or bond around, all claims for
labor or materials furnished to or for Permittee at or for use in the Premises. Permittee shall not
permit any mechanics' or materialmen's liens to be levied against the Premises for any labor or
material furnished to Permittee or claimed to have been furnished to Permittee or to Permittee's
agents or contractors in connection with work of any character performed or claimed to have
been performed on the Premises by or at the direction of Permittee.
9.2. Bond: At any time Permittee either desires to or is required to make any repairs,
alterations, additions, improvements or utility installation thereon, or otherwise, Permittor may at
its sole option require Permittee, at Permittee's sole cost and expense, to obtain and provide to
Permittor a lien and completion bond in an amount equal to one and one-half(1-1/2) times the
estimated cost of such improvements, to insure Permittor against liability for mechanics and
materialmen's liens and to insure completion of the work.
9.3. Permittor May Make Improvements: Permittee agrees that Permittor, at its option,
may at its own expense make repairs, alterations or improvements which Permittor may deem
necessary or advisable for the preservation, safety or improvement of the Premises or
improvements located thereon, if any.
9.4. Notification of Completion: Upon completion of capital improvements made on the
Premises, it is the Permittee's responsibility to promptly notify Permittor of such completion.
10. ASSIGNMENT:
10.1. Assignment/Subletting: The sublease or any part thereof shall not be assigned by
Permittee, by operation of law or otherwise, nor shall the premises or any part thereof be sublet
without the prior written consent of Permittor, which consent shall not be unreasonably withheld.
If Permittee is a corporation, the transfer of a majority of Permittee's stock shall constitute an
assignment for purposes of this paragraph.
10.2. No Release of Permittee's Liability: No assignment of this leasehold interest shall
release Permittee from the obligation to pay the rent and to perform all other obligations to be
performed by Permittee under the terms of its sublease. No assignment shall so release Permittee
unless Permittor's consent is obtained pursuant to Paragraph 10.1. In the event that Permittor's
consent to assignment is so obtained, Permittee shall be relieved of all liability arising from this
permit and arising out of any act, occurrence or omission occurring after Permittor's consent is
obtained. The Permittee's assignee must assume and agree to carry out all of the obligations of
Permittee under this permit.
10.3. Subletting: Permittee may sublet portions of the Premises to the public for the
purpose of aircraft tie-down storage without the prior written approval by the Permittor of this
OPERATING PERMIT 7
City of Renton to A-1 Fuel Services,Inc.
permitted use, on a month-to-month or longer basis (but not longer than the term of this Permit),
provided that Permittor is informed on at least an annual basis, in writing, of the name of the
subPermittee(s), the purpose of the sublease, the average amount of the rental charged per year,
and the type of aircraft stored (make, model and registration number). For spaces rented to
itinerant aircraft operators on a less than month-to-month basis, Permittor is to be informed at
least once annually, in writing, of the number of aircraft tie-down spaces used for this purpose.
Such information shall be disclosed to Permittor upon request.
11. DEFAULT:
11.1. Definition: It shall be a default of this Permit if the Permittee fails to comply with
any of the statutes, ordinances, rules, orders, regulations, and requirements of the federal, state,
and city governments, any terms of this Permit and/or the underlying lease.
11.2 Action Upon Notice of Default:
11.2.1 In the event of default as provided above, the Permittor may, if it so elects, at any
time thereafter, terminate this permit and the term hereof, on giving to the Permittee thirty (30)
days notice (Notice of Default), in writing, of the Permittor's intention to terminate the Permit.
11.2.2. Alternatively, the Permittor may allow the Permittee to cure the default within
thirty (30) days or, within that time, provide adequate assurance of future ability to cure the
default. Adequate assurance shall include, but not be limited to, a deposit in escrow, a guarantee
by a third party acceptable to Permittor, a surety bond, or a letter of credit. The default must be
cured within one hundred twenty (120) days of the notice of default.
11.3. Termination of Permit: Upon the expiration of either of the notice periods
specified in Paragraph 11.2 above, and if the event causing the default is not corrected in a timely
manner, this permit and the term hereof, together with any and all other rights and options of
Permittee herein specified, shall expire and come to an end on the day fixed in such notice.
12. BINDING AGREEMENT: Subject to the restriction upon assignment or subletting
as set forth herein, all of the terms, conditions, and provisions of this Permit shall be binding
upon the parties, their successors and assigns, and in the case of a Permittee who is a natural
person, his or her personal representative and heirs.
13. RIGHT OF INSPECTION. Permittee will allow Permittor, or Permittor's agent, free
access to the Premises at all reasonable times for the purpose of inspection, or for making repairs,
additions or alterations to the Premises, or any property owned by or under the control of
Permittor.
14. SURRENDER OF PREMISES: Permittee shall quit and surrender the premises at
the end of the term in as good a condition as the reasonable use thereof would permit, normal
wear and tear excepted. Alterations, additions or improvements which may be made by either of
the parties hereto on the Premises, except movable office furniture or trade fixtures put in at the
expense of Permittee, shall be and remain the property of the Permittor and shall remain on and
be surrendered with the Premises as a part thereof at the termination of this lease without
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City of Renton to A-1 Fuel Services,Inc.
hindrance, molestation, or injury. Permittee shall repair at its sole expense any damage to the
Premises occasioned by its use thereof, or by the removal of Permittee's trade fixtures,
furnishings and equipment which repair shall include the patching and filling of holes and repair
of structural damage.
15. INSURANCE:
15.1. Personal Property: It is agreed that Permittor shall not be held liable in any manner
for, or on account of, any loss or damage to personal property of the Permittee, Permittee's
invitees or other persons, which may be sustained by fire or water or other insured peril, or for
the loss of any articles by burglary, theft or any other cause from or upon the Premises. It is
acknowledged that Permittor does not cover any of the personal property of Permittee,
Permittee's invitees or other persons upon the Premises through its insurance. Permittee, its
invitees and other persons upon the Premises are solely responsible to obtain suitable personal
property insurance.
15.2. Liability Insurance. The Permittee agrees to maintain in force during the term of
this Permit a policy of comprehensive public liability and property damage insurance written by a
company authorized to do business in the State of Washington against any liability arising out of
the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto.
The limits of liability shall be in an amount of not less than $1,000,000.00 for injury to or death
of one person in any one accident or occurrence and in an amount of not less than $2,000,000.00
for injury to or death of more than one person in any one accident or occurrence, and of not less
than $1,000,000.00 for property damage and an amount of not less than $1,000,000 for pollution
The limits of said insurance shall not, however, limit the liability of Permittee hereunder. The
insurance policy shall have a Landlord's Protective Liability endorsement attached thereto.
15.3. Insurance Policies: Insurance required hereunder shall be written in companies
acceptable to Permittor and rated A-10 or better in "Best's Insurance Guides". Coverage's shall
be submitted on forms prescribed by Permittor. Prior to possession, the Permittee shall deliver to
Permittor copies of policies of such insurance acquired by Permittee, or certificates evidencing
the existence and amounts of such insurance, with loss payable clauses satisfactory to Permittor.
Permittor shall be named as an additional insured. No such policy shall be cancelable or subject
to reduction of coverage or other modification except after forty five (45) days' prior written
notice to Permittor. Permittee shall, not less than thirty (30) days prior to the expiration of such
policies, furnish Permittor with renewals or "binders" therefor. Permittee shall not do or permit
to be done anything which shall invalidate the insurance policies referred to above. Permittee
shall forthwith, upon Permittor's demand, reimburse Permittor for any additional premiums
attributable to any act or omission or operation of Permittee causing such increase in the cost of
insurance. If the Permittee shall fail to procure and maintain said insurance the Permittor may,
but shall not be required to, procure and maintain the same, but at the expense of Permittee.
16. LIMITATION UPON PERMITTOR'S LIABILITY. Permittor shall not be liable for
any damage to property or persons caused by, or arising out of(a) any defect in or the
maintenance or use of the Premises, or the improvements, fixtures and appurtenances of which
the premises constitute a part; or(b) water coming from the roof, water pipes, flooding of the
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City of Renton to A-1 Fuel Services,Inc.
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Cedar River or other body of water, or from any other source whatsoever, whether within or
without the Premises; or (c) any act or omission of any Permittee or other occupants of the
building, or their agents, servants, employees or invitees thereof.
17. INDEMNITY: Permittee covenants to indemnify and save harmless Permittor
against any and all claims arising from the conduct and management of or from any work or
thing whatsoever done in or about the Premises or the improvements or equipment thereon
during the lease term, or arising from any act or negligence of the Permittee or any of its agents,
contractors, patrons, customers, or employees, or arising from any accident, injury, or damage
whatsoever, however caused, to any person or persons, or to the property of any person, persons,
corporation or other entity occurring during the lease term on, in, or about the Premises, and from
and against all costs, attorney's fees, expenses, and liabilities incurred in or from any such claims
or any action or proceeding brought against the Permittor by reason of any such claim, except
such claims arising directly or indirectly out of Permittor's sole act or omission. Permittee, on
notice from Permittor, shall resist or defend such action or proceeding forthwith.
18. HOLDING OVER: Permittee understands that upon expiration of the term of this
permit, Permittee must execute a new Operating Permit with the Permittor as a condition to
remaining on the premises. Permittee further understands that if, without execution of any
extension or renewal of this permit Permittee should remain in possession of the premises after
expiration or termination of the term of this permit, notwithstanding any extension of its sublease
with Lessee, then the Lessee shall be in default of its lease, LAG 01-88 and Permittor may evict
the Lessee and the Permittee. All the conditions, terms and provisions of this permit shall be
applicable during such holding over.
19. NO WAIVER: It is further covenanted and agreed between the parties hereto that no
waiver by Permittor of a breach by Permittee of any covenant, agreement, stipulation, or
condition of this Operating Permit shall be construed to be a waiver of any succeeding breach of
the same covenant, agreement, stipulation, or condition, or a breach of any other covenant
agreement, stipulation, or condition.
20. NOTICES: All notices under this lease shall be in writing and delivered in person,
with receipt therefor, or sent by certified mail, to the following addresses:
a) For the City of Renton: b) For the Permittee:
Airport Manager the address of the Premises
616 West Perimeter Road or last known address
Renton, Washington 98055
21. DISCRIMINATION PROHIBITED:
21.1. Discrimination Prohibited: Permittee covenants and agrees not to discriminate
against any person or class of persons by reason of race, color, creed, sex, national origin, or any
other class of person protected by the Renton City Code, in the use of any of its facilities
provided for the public in the Airport. Permittee further agrees to furnish services on a fair, equal
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City of Renton to A-1 Fuel Services,Inc.
and not unjustly discriminatory basis to all users thereof, and to charge on a fair, reasonable and
not unjustly discriminatory basis for each unit of service; provided that Permittee may make
reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to
volume purchasers.
21.2. Minority Business Enterprise Policy: It is the policy of the Department of
Transportation that minority business enterprises as defined in 49 C.F.R. Part 23 shall have the
maximum opportunity to participate in the performance of leases as defined in 49 C.F.R. 23.5.
Consequently, this lease is subject to 49 C.F.R. Part 23, as applicable. No person shall be
excluded from participation in, denied the benefits of or otherwise discriminated against in
connection with the award and performance of any contract, including leases covered by 49
C.F.R. Part 23, on the grounds of race, color, national origin or sex.
21.3. Application to Sub-leases: Subject to the provisions of Paragraph 10 of this
Permit, Permittee agrees that it will include the above clause in all assignments of this lease or
sub-leases, and cause its assignee(s) and sub-lessee(s) to similarly include the above clause in
further assignments or sub-leases.
22. FORCE MAJEURE: In the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by reason of strikes,
lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental
laws or regulations, riots, insurrections, war, or other reason of like nature not the fault of the
party delayed in performing work or doing acts required under the terms of this Lease, then
performance of such act shall be extended for a period equivalent to the period of such delay.
The provisions of this paragraph shall not, however, operate to excuse Permittee from the prompt
payment of rent, or any other payment required by the terms of this Permit, to be made by
Permittee.
23. CAPTIONS: Article and paragraph captions are not a part hereof.
24. ENTIRE AGREEMENT: This Permit contains all agreements of the parties with
respect to any matter mentioned herein. No prior agreement or understanding pertaining to any
such matter shall be effective. This Permit may be modified in writing only, signed by the parties
in interest at the time of the modification. In the event of conflict between the terms of this
Permit and the sublease agreement between Permittee and Lessee, the terms of this Permit
supersede.
25. CUMULATIVE REMEDIES: No remedy or election hereunder shall be deemed
exclusive, but shall, wherever possible be cumulative with all other remedies at law or in equity.
26. CORPORATE AUTHORITY: If Permittee is a corporation, each individual
executing this Lease on behalf of said corporation represents and warrants that he is duly
authorized to execute and deliver this Permit on behalf of said corporation in accordance with a
duly adopted resolution of the Board of Directors of said corporation and in accordance with the
Bylaws of said corporation, and that this Permit is binding upon said corporation in accordance
with its terms.
OPERATING PERMIT 11
City of Renton to A-1 Fuel Services,Inc.
27.TRANSFER OF PREMISES BY PERMTTTOR: In the event of any sale,
conveyance, transfer or assignment by Permittor of its interest in the Premises, Permittor shall be
relieved of all liability arising from this Permit and arising out of any act, occurrence or omission
occurring after the consummation of such sale, conveyance, transfer or assignment.
PERMITTEE: PERMITTOR:
A-1 FUEL SERVICES, INC. THE CITY OF RENTON
a Washington corporation a Washington municipal
rporation
Title Jesse Tanner, Mayor
ATTEST:
&n*i .L 1t)a66--^j
Bonnie Walton, City Clerk
Approved as to legal form:
Lawrence J. Warren, City
Attorney
AM
OPERATING PERMIT 12
City of Renton to A-1 Fuel Services,Inc.
*AW
EXHIBIT A
A-1 Fueling Services,Inc.
West Side Office Property Legal Description for Area Subleased to A-1 Fueling Services, Inc.
That portion of the Northeast Quarter of Section 18,Township North, Range 5,East W.M.,
described as follows:
Commencing at a point 10 feet northerly of the intersection of the West Margin of Lake Avenue
South (formerly Lake Street)with the centerline of Airport Way S. (formerly Dixie Avenue
according to the plat of Renton Real Estate First Addn. As recorded in Volume 21, Page 50
Records of King County,Washington);
Thence South 87°30' 17"East on a line 10 feet North of and parallel
to the centerline of Airport Way South a distance of 286.31 feet to its
intersection with the southerly extension of the centerline of the existing
runway of the City of Renton Airport;
Thence along said runway centerline North 04'49' 43"West a distance of
294.74 feet to a point referred to as Runway Station 0+00;
Thence North 04°49' 43"West a distance of 210.27 feet;
Thence South 85° 10' 17"West a distance of 375.00 feet to the True Point
of Beginning;
Thence South 850 18' 00"West a distance of 178.47 feet;
Thence South 05°04' 03"East a distance of 224.82 feet;
Thence South 40°06' 57"East a distance of 47.48' to the beginning of a
tangent curve to the left having a radius of 118.81 feet;
Thence along said curve through a central angle of 53°50' 24"an arc
distance 111.64 feet to a point of tangency;
Thence South 89°24' 31"East a distance of 214.37 feet;
Thence North 28° 10' 41"West a distance of 179.38 feet;
Thence South 85° 10' 17"West a distance of 83.13 feet;
Thence North 040 49' 43"West a distance of 176.29 feet to the True Point
of Beginning.
EXCEPT All that area lying north of a line bearing North 850 18' 00"East that is a
distance of approximately 124 feet south from the True Point of Beginning.
AREA EFFECTED BY ADDENDUM 06-02: Approximately 54,020 Square Feet
TOTAL AREA: 71,867.03 Square Feet
Z SS0GZOOS17
CD
SCALE 1 " = 40ro '
M
O
cn �O
AUTO ��� �►t�J(� vOr oma;
N
C
fV ( 1 o ` (_
W 3 6
ti
LA 1-t- -ZQ+uhvT
M
i O /�
r--3A55 Jit 350' OFFSET FROM °� m N Ol=���< /";ti r+-`i S e5 �p, 'Z �S G.
a iv T
C OF RUNWAYco
°
� N
1 N 4° 49' 43"W z
--I--- —�'— — z
r
N � a
N 4 49' 43" W
176.29'
CURVE DATA
R= 118. 81
0= 530 50' 24"
C = 107.58'
. 29'
u.,
WEST SIDE OFFICE PR PE TY
AREA = 717867. 03 S. F - _ \
Vpo
fV
EXHIBI► B— I
AG 001 - 88 °
F0 L- T2vL �L _ _ _ __ _ __ i
S I V E 0 I I c,E F �0 i E i R 1 1 ) ^^1 1... Y E I Y 1
�c��. u��— , R° Q, . C ���;SCE J. E
1 � 04' C.' ' r- !
22—^. 82'
REENTON MUNICIPAL AIRPORT
4 124' 104 100' i
= d,". r; 0,17:-7 . J44N. 1988