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HomeMy WebLinkAboutAdden 2 CAG-18-150, Adden #2-18 SECOND ADDENDUM TO INDEMNIFICATION AGREEMENT THIS SECOND ADDENDUM("Addendum"),made on the last date written below,amends the Indemnification Agreement made by and between The Boeing Company,a Delaware corporation ("Boeing"),and City of Renton,a Washington municipal corporation("Renton"),dated July 27,2018 (as amended by the First Addendum,the"Agreement"). For and in consideration of the mutual benefits to be derived and other valuable consideration the sufficiency of which is hereby acknowledged,the parties hereby agree as follows. 1. Exhibit A to the Agreement shall be replaced with Exhibit A-1,attached and incorporated by this reference. 2. The Agreement's definition of the"Property"is hereby amended to mean that portion of Taxiway"B"located at the Renton Municipal Airport depicted in Exhibit A-1. 3. Subject to objection by the FAA or the FAA contracted Airport tower personnel,Boeing aircraft are authorized to depart from the Airport without the need or requirement for Boeing to move any of its 737 aircraft parked within the Runway Object Free Area on the Property.Boeing acknowledges that the Airport tower may not formally"clear"Boeing aircraft for takeoff under such conditions and that Boeing and its pilots will depart the Airport at their own risk. Notwithstanding the expectation that Boeing aircraft may depart the Airport while its own a rcraft are parked within the Runway Object Free Area at its ov,�n risk,pilots of Boeing aircraft will communicate with the tower and follow all instructions and orders issued by Airport tower and/or Airport management. 4. Boeing understands that Renton may close the Airport runway to aircraft with a wingspan exceeding 79 feet or an approach speed greater than 120 knots,including Boeing aircraft,during hours in which the Airport tower is not staffed. If the FAA requires or recommends expanded tower hours in order to avoid or minimize runway closures to aircraft with a wingspan exceeding 79 feet or an approach speed greater than 120 knots,Boeing agrees to contract with the tower management company(Serco Inc.)to pay the cost of such expanded operation and/or reimburse the City and FAA for any costs those entities incur to extend the tower's operating hours. 5. Boeing will move all of its aircraft and other property and equipment parked on the Property out of the Runway Object Free Area prior to it landing Boeing 737s or other aircraft with a wingspan exceeding 79 feet or an approach speed greater than 120 knots. 6. Renton will provide Boeing at least 115 minutes'notice that tenants or transient operators will depart or land aircraft with a wingspan larger than 79 feet or an approach speed greater than 120 knots at the Airport.Boeing will provide Renton a designated monitored phone number to provide such notifications with a working voicemail for Renton to leave a message if the phone is not answered. Renton's leaving such message or making direct contact with Boeing personnel who answer that number will initiate the notice period. Boeing will,within the notice period, temporarily remove its parked aircraft and other property out of the 400 foot Runway Object Renton Municipal Airport-The Boeing Company-Second Addendum to indemnification Agreement—Page 1 Free Area to accommodate such tenants or transient operators. Boeing understands that its failure to timely move its aircraft out of the Runway Object Free Area may delay or prevent aircraft from departing or arriving and create a hazard for enroute aircraft. Accordingly,in the event of Boeing's failure to timely remove parked aircraft, Boeing's right to park aircraft on the Property shall be immediately suspended until Boeing has assured Renton the failure will not be repeated and Renton gives written authorization to Boeing for it to resume parking aircraft on the Property. 7. Paragraph 1(d)of the Agreement is amended to read as follows:"Boeing agrees to temporarily install steel plates under 737 aircraft parked on the Property,in order minimize impacts to the taxiway surface. Boeing shall not make any other improvements or alterations to the Property without written authorization from Renton.Prior to installing such plates,Boeing shall chalk off the areas aircraft will be parked and allow Renton an opportunity to inspect the condition of the existing pavement conditions. Boeing and Renton shall each provide to the other a copy of all information each has or obtains about the Property's pavement conditions.Boeing shall hold Renton and the Property harmless from and against any liens of contractors,subcontractors,or other persons supplying goods,services,equipment,materials,or labor to or on behalf of Boeing at the Property. At the request of Renton,Boeing shall discharge any such liens." 8. Paragraph 2 of the First Addendum to the Agreement is amended to read as follows:"Boeing acknowled es that any persons on the Property may be within the Runwa Object Free Area and what woulc otherwise be a designated movement area if the taxiway was not closed. Accordingly,all personnel and operators of non-piloted vehicles shall monitor the air traffic control ground control frequency and remain within any barriers marking the closed area of the taxiway. Any pilot or other personnel wishing to exit the closed area of the taxiway and enter an active movement area of the Airport shall coordinate with air traffic control and monitor radio for air traffic. Boeing shall train and control all personnel and vehicles to comply with the requirements of this paragraph. 9. Boeing will participate in one or more public open-house meetings for Airport tenants, subtenants,transient operators,and anyone with an Airport interest,to be co-hosted by the City of Renton,Boeing,and the Airport tower to discuss Airport Taxiway B closure. Renton will create a formal complaint submittal process. Renton may tender any complaints received to Boeing,at Renton's sole discretion. Boeing will provide a written initial response to Renton within one business day of receipt of each tendered complaint with an estimate of when a formal response will be provided;Boeing will provide a written formal response to Renton within 10 days of receipt of each tendered complaint. In addition to providing a response, Boeing will reasonably and expediently accommodate legitimate concerns raised in each tendered complaint to the extent such complaints arise from Boeing's use of the Property. Boeing will provide a plan to Renton for each planned accommodation and will notify Renton if Boeing declines to accommodate on the basis that accommodation would not be reasonable or that the concern is not legitimate or both. The provisions of this paragraph are intended to supplement the indemnification provisions of the Agreement and shall not be construed to limit Penton Monanpai Airport-The Boning Company Second Addendum to€ndernnif;cation Agreement_,Page 2 in any way such indemnification provisions. 10. Boeing shall pay to Renton the leasehold excise tax as established by RCW chapter 82.29A,as amended,or any replacement thereof,which tax shall be in addition to the monthly fee set forth in Section 3 of the Agreement and other charges payable under the Agreement and shall be paid at the same time the monthly fee is due. If the State of Washington or any other governmental authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on this Agreement or the Property,then Boeing shall pay such tax or charge when due. Such tax or charge shall be in addition to the monthly fee and other charges payable under the Agreement. As modified by this Addendum,the Agreement continues in full force and effect. This Addendum is executed by Boeing and Renton as of the dates written below. The Boeing Company City of Renton By: da . By: Ifr Jeffrey Nunn Denis Law Its Director of Planning&Real Estate Its Mayor Date Signed: VI©) 1g Date Signed: Attest: Jason Seth,City Clerk Approved as to Form: Shane Moloney,City Attorney Renton.Municipal A;rport.The E3oemg Company Second Addendum to indemn'ifiratian Agreement-Page 3 in any way such indemnification provisions. 10.Boeing shall pay to Renton the leasehold excise tax as established by RCW chapter 82.29A,as amended,or any replacement thereof,which tax shall be in addition to the monthly fee set forth in Section 3 of the Agreement and other charges payable under the Agreement and shall be paid at the same time the monthly fee is due. If the State of Washington or any other governmental authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on this Agreement or the Property,then Boeing shall pay such tax or charge when due. Such tax or charge shall be in addition to the monthly fee and other charges payable under the Agreement. As modified by this Addendum,the Agreement continues in full force and effect. This Addendum is executed by Boeing and Renton as of the dates written below. The Boeing Company City o - on By: By: , /� 4. Jeffrey Nunn Denis Law Its Director of Planning&Real Estate Its Mayor Date Signed: Date Signed: 3-44/1k. lk. Attest: o /A0 son Seth,City Clerk Approved as to Form: .0+404reC �� Shane Moloney,City Attorney p��Nt��nntp�►u, of Rfly '% * = SEAL *1 iyr „--74.-47 "I,, oRAiEC`s�`````p Renton Municipal Airport-The Boeing Company-Second Addendum to indemnification Agreement—Page 3 8 ` a CU ant -io in tu ti� V V x cc to a +, Lie co cn a , •t Nifr. 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