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Home My WebLink AboutContract 4 CAG-17-188 � E' F � � 4. � i P C' AGREEMENT TO RELEASE AND HOI,O HARMLESS (FUEL TANK) � � The City of Renton (the "Gity"), and Michaei O'Leary as President and on behalf of AirO, Inc., > WorldWind HeHcapters, Inc. and AeroCopters, Inc. (collertively, "0'Leary") (collectively, the "Panles") � enter into this Agreement to Release and Hoid Harmiess(the"Agreement""). � � � WHEREA5,the Parties had a landlord-tena�t relatianship fo�prernises(the"Lease")at the Renton P Municipal Ai�port(the"Airport"j,which tenancy ended on or about February 28,2014;and � � WHEREAS,0'Leary�acated the leased premises on or abeut March 15,2014,but left behind an € Airport property an approximately 12,000 gallon fuel tank (Serial No. 18594), assaciated fuet tank i equipment,and a fuet tank c�edit ca�d reader(Seriat No.5343)(collectively,the"Tank");a�d � � WHEREAS,the City sent five letters to 0'leary,all dernanding remaval of the Tank,which lette�s 3 were dated October 20,2014,November iS,2014,July 20,2016,July 24,2017,and September 15,2017, � but O'Leary has not remaved the Ta�k;and � 1 r WHEREAS,the City asserts that O'Leary unlawfuily detained Airport property as a�esult of leaving � behind the Tank after O'leary's tenancy ended,which cause of action entitles the City to unpaid rent, t f damages,attarney's fees,and the cost of removal af the Tank;and � s WHEREAS,the premises vacated by(YLeary have been leased by Rainisr Flight Service("Rainier") � since Novembe�1,2014,and Rainier has a5serted that it is entitled to damages for the loss of use of the portion of its leased premises accupied by the Tank;and WHEREAS, Rainier has asse►ted that its lass of use damages amount to $12,300.00 (tweive � thousand three hundred dalla�s►as of Octaber 7,2017;and � t t� WHEREAS, the City does �ot necessarily agree with Rainier's position, but prefers to avoid a z t dispute with its cu�rent tenant;and ` > WHEREA5,0'Leary has agreed ta remove the Tank and pay$12,300.00 to the Ciry in exchange for � a release from the City,and the City has agreed to the same provided that the removal and payment be � timely made. ' � Far and in consideration of the mutuai covenants and benefits made herein,the Parties now agree �' to the following. � k I. O'Leary shall pay to the City$12,300.00(twelve thausand three hundred dollars and no cents)to � affset the City's potential damages for the loss of use assertio�made by Rainier(the"Payment"). 7he Payment shaA he made by cashiers check payable to the"City of Renton"and delivered on or before 5:00 PM Pacific Oaylight Time ("PDT") on October 4, 2017, to the City Cierk, City of i Renton,1055 South Grady Way,Rentan,Washington 98Q57. � 2. 0'Leary shall remove the Tank from the Airport property(the"Remova!")on or before S:OD PM PDT on October 9, 2017. The Removal shail be performed by qualified professionals who hold M AGREEMENTTO REIEASEAND HOID HARMLFSS � (PUEL TAN K)—page 1 � �. r s � � a � � � 4 � � � valid Iicenses and/or certifications as may be required by law for the Removal work. The Removal �. � shall be pe�formed in a professional and workmanlike manner, with due care taken to avoid ` � damage,risk,loss,or injury of any kind to the Airpon property. If any damage,risk,loss,or injury s of any kind occurs to the Airport property during or as a result of the Removal,O'Leary shall�1) �, imrnediately repart it in writing and by telephone call to the City's Airport Manager (Address: p 1055 South Grady Way, Renton, Washington 98057; Telephone: (425) 430-7477) and (2) � immediately restore the Alrport property ta the condition prior to the occurrence of damage,risk, � loss,or injury. ! & � 3. 0'Leary releases and hoids harmless the City and its elected and appointed officers,employees � ; and agents from and against any and all claims, demands, damages, debts, costs, expenses, liabilities,loss of services,lass of work,actions and causes of action or lawsuits,of whatever kind � o�nature,known or unknawn,whether suspected or unsuspected,a�ising from or cannected with � the lease,including but not limited to the Tank. The release in this Paragraph 3 shall come into � effect on the date last signed betow by the Parties. � � � 4. The City releases and holds harm(ess O'leary from any amounts due and owing related to the ; Tank, including but not limited to unpaid rent,damages,attorney's fees,and costs of removal. s The release in this Paragreph 4 shall come Into effect an the date that 0'Leary has satisfacto�ily � completed all obiigations in Paragraphs 1 and 2;provided that if such obligations have not been � k satisfactorily completed on or before 5:00 PM PDT Octo6er 9,2017,this release shali not come into effect but,rather,shall be deemed nuli and void. The retease in this Paragraph 4 is limited to � its express terms and specificaily does not extend to any release by the Gity for any environmental [ damage,risk�loss,or any injury of any kind caused hy or othen�vise legaily attributabie to 0'Leary � or anyone acting on 0'leary's behalf. � � € 5. The Parties agree that tha terms and conditions of this Agreement are not to be canstrued against R 4 any party on the basis of such party's draftsmanship thereof. `s� � 6. The Parties acknowtedge that each has read this Agreement, each has had the opportunity to k consult with independent counsel, and the cantents of this document and its legal implications � a�e understood by each. The Parties also acknawledge that the terms and co�tents of thls � document a�e contradual and not mefe recitals, and that each has signed this Agreement as a :- free valuntary act and deed. � � f �XECUTED by the Parties on the dates indicated below. � � � Ai�O,Inc.,by M' ael 0 ary,President : Date: /o� � � t: t Wor dWind H co ers, chael 0'Leary,President � Date: AeroCopters,Inc.,by Michae!0'Leary,President � Date: � � � AGREEMENT TO RECEASE AND HOLD HARMlESS � (FUEL TANK)—Page 2 ` � s �, 6 [ �. � t � � � � � STATE OF WASHINGTON ) ss. � CQUNTY OF KING ) � �. E 1 certify that ! know ar have satisfactory evidence that MICHAEL 0'LEARY signed this instrument and � acknawledged it to be his free and voiuntary act for the uses and purposes mentioned in this instrument. � \`��\\\\►1�� DATED this �day of �� .2017. J, � � �� w I �l � � ��.�..�a��ihii� �� / g +y�'',`Sg10N F,R.A r��r /�/ t � � —��'(A�p�, �'P��.. % � Print Name: cS�1 l.ve�r � ;� A � ^�,SEAL�' z � Notary Publfc in and for the State of Washington residing at: �� '�'�,,, uB`'�o,,��O= _ R,2�n_'�'o'►1 �, �/i� �9�,''�n,s��19�.�;\�C�ti �. My Commissian expires: ��1��1 ��t �OF WP��`� � +��I I 11N�\�� [ADDITIONAI SIGNATURES FOLLOW ON NEXT PAGEJ � � � � � . � s, � t: 'N t �. � � � 5 k �p Y R P � �' k � � i r F �a � ♦ t � 1 � P. �' � � -0@ B AGREEMENT TO RELEASE AND HQLD NARMLESS (PUEL TANK►—Pag�3 � �. �: � � ( 0 � � i- 1 ' � ffi Hon.Denis Law,Mayor � City of Rentan �� _ Date: E Attest: *```\�,O��R�EN��//' � `�,�,��y,�,�,a,,,,,,��,,,,,,,�p,�,,,� ,,� � = y�`� � '�•, ', � ,, ; Jason seth,City r _ *, - ��L _ '�` : ' s � � � _ � '4 y��''. .�`` ��'a' 4 App ved as to legai form: �'�.,�'o�,��`'��u��••��'�.�`��,�•�' � ��i��A TED,S��`�� .��'!�� Shane A.Moloney,City Attorney � � � � � � 3 k , i � b t £ � �p S' � � a � R � 4 � i: s a. � k � � � � A�REEMENT TO RELEASE AND HOIq HARMLE55 � (FUEL TANK)—Page 4 � d