HomeMy WebLinkAboutContract CAG-18-003
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AGREEMENT TO ftELEASE ANt?HOID HARMLE55
(FUEL TANK ENCROACHMENT!3N IEASEQ PREMISES AT RENTON MUNiCipAG AiRPQRTj
The City of Renton(the"City"j and Rainier Flight Service LLC("Rainier"�(coflective(y,the"Parties"j
enter into this Agreerr�ent#o Ref�ase and Hoid Harmless (the"Agreemen�").
WHEREAS,the City had a landiard-tenant relationship for premises(the"Premises")at the Renton
Municipai Airport (the "Airpvrt") with entities operated by Michael 0'Leary known as AirO, {nc.,
WorldWind Nelicoptars, Inc., and AeroCopters, inc. (collectively, "0'Leary"), which tenancy ended on or
abaut February 28,2014;and
WHEREAS, 0'Leary vacated the Premises on ar about March 15, 2014, but left behind an
approximateiy 12,OOa gallon fuei tank(Serial No. 18594j,assaciated fuel tank equ�pment,and a fue(tank
credit card reader(Serial No. 5343j (colfectively,the "Tank"}; and
WHEREAS,the Cit}r leased the Premises to Rainier on ar about November 1, 2014;and
WHEREAS,Rainier subsequently asserted that it was entitled to damages far the loss of use of the
portion of the Premises occupied by the Tank, asserting that its loss af use damages had amounted to
$12,300.00(twelve thousand three hundred dollars) as of Octaber 2017; and
WNEFtEAS, O'Leary remaved the Tank in Qctober �017 and paid $12,30Q.00 aver ta the City in
exchange for a release between the City and O'Leary; and
WHEREAS, the City has not formally concurred with Rainier's assertion of damages but has
conc(uded that Rainier's assertion may have legal merit; and
WHEREAS,the City has held aside the$12,300.00 received from O'Leary to turn over to Rainier,
providecf that Rainier release the City for all pvtential claims relating to the loss af use of the partion of
the Premises occupied by the Tank.
For and in cansideration of the mutual covenants and benefi.ts made herein,the Parties now agree
to the fallowing.
1. The City shall pay over to Rainier the $12,304.00 (twel�e thousand three hundred dollars and no
centsj received from �'Leary (the "Payment"). The Payment shall be made by check payable ta
"Rainier Flight Service CLC" sent from the City via certified mail, return r�eeeipt requested, on or
before the 15"' (fifteenthj business day after the date last signed below. The City shall send the
Payment to Rainier at the fallowing address: 80�W Perimeter Rd Renton,WA 9$057.
2. Rainier reieases and holds harmless the City and its eEected a�d appninted officers, employees
and agents from and against any and all claims, demands, damages, debts, cost5, expenses,
liabilities, loss of servic�s,loss of work,actians and causes of action or lawsuits,of whatever kind
or nature,known or unknovun,whether suspected or unsuspect�d,arising fr�m or connected with
the ac#ual ar perceived loss of use of the portion of the Rremises occup'red by the Tank. The
release in this Paragraph 2 shall come into�ffect on the date the Payrnent is sent to Rainier.
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3. The Parties agree that the terms and conditians of this Agreement are nai ta be construed against
any party on the basis of such party's draftsmanship thereof. �
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4. The Parties acknowledge that each h�s read this Agreement, each has had the opportunity to
consult with independent counsei, and the cantents of this document and its legai implieations
are understoad by each. The Parties also acknowledge that the terms and cvntents of t�is ;
document are cantractual and not mere recitals, and that each has signed this Agreement as a `
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free voluntary act and deed.
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5. 'fhe Parties rnay execute this Agreement in any nurnber Qf ca�nterparts, each of which shall �
constitute an original, and all of which will tagether constitute this on�Agreement.
EXECUTED by t�re Parties on the dates indicated below.
RAINIER FL(GHT SERVtCE LLC CITY QF RENTON
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G on Alvord Hon. Denis Law, Mayor
Qwner City of Renton
Date:'� Date: l�' (�
I����r ZG� `�GG��'� � 7 O
Attest:
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'��_,��gSiON��'��'!►,,Cp�ii�� Megan Gregor, CMC, Deputy City Clerk
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��j;,��/8 t,e��� 5,Z : Approved as to legal fvrm:
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Shane A. MoEoney, City Attorney
AGFiEEMENT TO RELEASE AND HOLD HARMLESS
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