HomeMy WebLinkAboutPermit PAG -97-003
OPERATING PERMIT AND LEASE AMENDMENT
between the City of Renton and the Partnership of
Cliff Howard, dba Cliff Howard Aviation, and Fred Bahr, dba Bahr Aero
(HwrdBhr3)
THIS IS A PERMIT TO OPERATE AN AVIATION RELATED ACTIVITY UPON
THE RENTON MUNICIPAL AIRPORT AND AN AGREEMENT between THE CITY OF
RENTON, a Washington municipal corporation ("Permittor"), and the Partnership of Cliff
Howard, dba Cliff Howard Aviation, and Fred Bahr, dba Bahr Aero, ("Permittees"), collectively
operating an aeronautical business located at the Renton Municipal Airport to be known as Sky
Harbor, and this agreement also constitutes an amendment of the lease agreement LAG 006-84,
as further identified below.
IN CONSIDERATION of the covenants and agreements hereinafter set forth, the parties
agree as follows:
1. ACKNOWLEDGEMENT OF ASSIGNMENT OF LEASE: Pursuant to lease
agreement LAG 006-84, executed and effective on September 1, 1984, the City of Renton
(Lessor) granted a lease of the subject premises to Plane Space Investments, Inc, as Lessee, for
the purpose of construction and operation of aircraft repair, maintenance and storage facilities, as
identified in paragraph 3 of the basic lease.
Thereafter, Plane Space Investments, Inc. (Lessee) assigned the subject premises to Paul
W. Brendle, II and JoAnne Brendle, husband and wife (the"Brendles"), and Puget Sound
Industries, Inc., by assignment and security agreement executed on September 2, 1994, for the
purpose of operating an aircraft repair, maintenance and storage facilities for the benefit of the
public, as identified in paragraph 3 of the basic lease.
Thereafter, Puget Sound Industries, Inc., Paul W. Brendle, II and JoAnne Brendle,
assigned the subject premises to Cliff Howard and Ruth Howard, husband and wife, and Fred
Bahr and Jamie Bahr, husband and wife, by assignment of lease and assumption agreement,
executed on March 25, 1997, for the purpose of operating an aircraft repair, maintenance and
storage facilities for the benefit of the public, as identified in paragraph 3 of the basic lease.
1.1. Legal_Description: The premises ]eased by the Partnership of Cliff Howard and
Fred Bahr, dba Cliff Howard Aviation and Bahr Aero, respectively, the Permittee, is described in
Exhibit "A" Legal Description attached hereto and made a part hereof as if fully set forth herein:
Total area 81,966 square feet, more or less.
OPERATING PERMIT AND AGREEMENT- f
City of Renton to the partnership of !
Cliff Howard, dba Cliff Howard Aviation
and Fred Bahr, dba Bahr Aero
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 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.
OPERATING PERMIT AND AGREEMENT- 2
City of Renton to the partnership of
Cliff Howard,dba Cliff Howard Aviation
and Fred Bahr,dba Bahr Aero
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 AND OPERATING PERMIT:
2.1. Initial Term: The term of the original lease to Plane Space Investment, Inc. is for a
period of twenty-two (22) years commencing on September 1, 1984 and terminating on August
31, 2006.
2.2. Extended Term: The City of Renton has granted Plane Space Investments, Inc. an
option to renew the lease for a further term often (10) years. The lease provides in paragraph 23
that the Lessee has the right to renew the lease for a further term of 10 years if the Lessee has
fully and faithfully complied with all the terms and conditions of the lease agreement and gives
written notice of the exercise of such option at least ninety days prior to the end of the original
term of the lease.
2.3. Permit Term: The term of this Operating Permit is for the period beginning on the
date it has been signed by all parties and terminating on August 31, 2006. This term may be
extended by Permittee as set forth in paragraph 2.2.
3. RENTAL:
3.1. Rent on lease: As rental for the premises described in LAG 006-84, Lessee has
agreed to pay Permittor a monthly rental, as periodically adjusted, throughout the lease period. In
the event the Permittee (The Partnership) fails to pay said rent, then the Permittor may terminate
this permit with ten (10) days notice, unless the default is cured by Permittee during the notice
period.
3.2. Other Charges: Permittee further agrees to pay, in addition to the rental specified
and other charges hereinabove defined, 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.
3.3. 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
the Permittor may terminate this permit with ten (10) days notice, unless the default is cured by
Permittee during the notice period
OPERATING PERMIT AND AGREEMENT- 3
City of Renton to the partnership of
Cliff Howard, dba Cliff Howard Aviation
and Fred Bahr, dba Bahr Aero
err"
4. PAYMENT OF UTILITIES AND RELATED SERVICES.
4.1. If Permittee fails to pay such utilities and service charges, then the Permittor may
terminate this Permit with ten (10) days notice.
4.2. 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 unless the default is cured by Permittee
during the notice period.
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 Premises are leased to the Permittee for the following
described purpose:
6.1.1. The operation of: Public Fuel and Oil Sales and service, Aircraft Engine and
Airframe Maintenance and Accessory Sales, Aircraft Rental and Sales, Flight Training,
and Aircraft Charter and Taxi Service, and the Construction and Operation of an Above-
Ground Bulk Fuel Storage Facility, all in accordance with the Minimum Standards for the
operation of this type of commercial aeronautic activity at the Renton Municipal Airport.
6.1.2. The operation of helicopters from the premises is not authorized for flight training,
engine and/or airframe maintenance, charter or taxi flights without the specific written approval by
the City of Renton.
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
OPERATING PERMIT AND AGREEMENT- 4
City of Renton to the partnership of
Cliff Howard,dba Cliff Howard Aviation
and Fred Bahr,dba Bahr Aero
*awl ter°`
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. 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.
6.4. Stens: No advertising matter or signs shall be at any time displayed on the leased
premises or structures without the 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.
6.5. 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 State
Aeronautics Commission, or other duly constituted governmental authority, all at Permittee's cost
and expense.
6.6. 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.
6.7. 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
OPERATING PERMIT AND AGREEMENT- 5
City of Renton to the partnership of
Cliff Howard, dba Cliff Howard Aviation
and Fred Bahr,dba Bahr Aero
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. Chapter
70.105D, during the term of this Permit.
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 within ninty (90) days of the date of agreement to submit to arbitration. 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 selected
not later than thirty (30) days after the two arbitrators' determine that they are unable to agree
upon an arbitration award. The third arbitrator shall be an engineer with experience in the
identification and remediation of hazardous substances. If a third arbitrator is necessary, the three
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. 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 on the Premises, 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.
OPERATING PERMIT AND AGREEMENT- 6
City of Renton to the partnership of
Cliff Howard,dba Cliff Howard Aviation
and Fred Bahr,dba Bahr Aero
9. ALTERATIONS.
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/Sublettin : The lease 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. Permittor hereby acknowledges the existing subleases
at the premises to Sorm, Inc. and Rotor Technics.
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 lease. No assignment shall so release Permitteeee
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
OPERATING PERMIT AND AGREEMENT- 7
City of Renton to the partnership of
Cliff Howard,dba Cliff Howard Aviation
and Fred Bahr,dba Bahr Aero
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 outside aircraft tie-down storage and inside hangar storage without the prior written
approval by the Permittor of this 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 sublessee(s), the purpose of the sublease, the amount of the
rental charged, 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, and the total annual revenue received by Permittee from these spaces. In addition to the
annual reports, 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.
The Permittee must
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 ninety (90) days of the notice of default.
11.2. 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,
OPERATING PERMIT AND AGREEMENT- 8
City of Renton to the partnership of
Cliff Howard, dba Cliff Howard Aviation
and Fred Bahr,dba Bahr Aero
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 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 established from time to time by the Risk Management Office of the
City of Renton, and 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 $1,000,000.00 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. 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 thirty (30) days' prior written notice to
OPERATING PERMIT AND AGREEMENT- 9
City of Renton to the partnership of
Cliff Howard,dba Cliff Howard Aviation
and Fred Bahr,dba Bahr Aero
v✓ �.r+
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 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 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, then the Permittee shall be in default of its lease, LAG 006-
84, and Permittor may evict 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 lease 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.
OPERATING PERMIT AND AGREEMENT- 10
City of Renton to the partnership of
Cliff Howard,dba Cliff Howard Aviation
and Fred Bahr,dba Bahr Aero
+✓ `Aftle
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 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 clauses in all assignments of this lease or sub-leases,
and cause its assignee(s) and sub-lessee(s) to similarly include the above clauses 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.
OPERATING PERMIT AND AGREEMENT- 11
City of Renton to the partnership of
Cliff Howard,dba Cliff Howard Aviation
and Fred Bahr,dba Bahr Aero
v v.rr`
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 lease agreement between Permittee and Permittor, 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.
27. TRANSFER OF PREMISES BY PERMITTOR: 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.
Nothing Follows
OPERATING PERMIT AND AGREEMENT- 12
City of Renton to the partnership of
Cliff Howard,dba Cliff Howard Aviation
and Fred Bahr,dba Bahr Aero
Non"
PERMITTEE: PERMITTOR:
Cliff Howard, dba Cliff Howard Aviation THE CITY OF RENTON
Fred Bahr, dba Bahr Aero a Washington municipal
a Partnership corporation
MayorJesse Tanner
Date/� �, Date: oZ I _
AIN
TEST:
JBy By
City
Marilyn J. Petersen
Date: C�, �qq7 Dater% � ��'
Approved as to legal form:
City Attorney
OPERATING PERMIT AND AGREEMENT- INA 13
City of Renton to the partnership of 0
Cliff Howard,dba Cliff Howard Aviation
and Fred Bahr,dba Bahr Aero