Arlington Airport for 2024 Arlington Municipal Airport UseDocuSign Envelope ID: 48346C5D-F8DC-4164-ADCO-305COFF6D571
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CONTRACT ROUTING FORM
Z Originator: Chief Michelle Bennett
O Department/Division: Police Department
a -
Name of Cons ultant/Contractor: Arlington Airport
wCONTRACT TITLE: Arlington Municipal Airport Use Agreement
0
No.
(City Clerk Use Only)
Routed by: Alexandra Ehlert
Date: 7/8/24
Type of Contract: ® (GR) Grants O (1) Intergovernmental Agreement O (L) Lease Agreement
® (S) Purchase of Services ® (W) Public Works O (0) Other
Z -
Ill
Z Project/Bid/RFP No:
0 Effective Date: 07/01 /2024
I—
QHas the original contract boilerplate language been modified?
I.- If yes, specify which sections have been modified:
pDescription
0 of Services:
Total Amount of Contract: $178.14/per day plus sales tax
Completion Date: 12/31/2024
® Yes O No
U) Budget # Amount: Budget #
J
Q Amount:
W B�;dget Budget #
G
Q Budget # Amount: Budget #
U
Z Are there sufficient funds in the current budget to cover this contract? O Yes
Z Remarks:
Authorization Level:
W
� � ❑ 1. Project Manager
Q ❑ 2. Risk Management/Budget
Z ® 3. City Attorney
N❑ 4. Consultant/Contractor
❑ 5. Other
Amount:
Amount:
Amount:
ONo
® 6. City Council Approval
❑ Date (if applicable) 6/25/2024
2/27/2024 via email ❑ 7. Mayor �,� �{ Puy,
❑ 8. City Clerk " """
DocuSign Envelope ID: 48346C5D-F8DC-4164-ADCO-305COFF6D571
ARLINGTON MUNICIPAL AIRPORT
USE AGREEMENT
VARIABLE SECTION:
General
The City of Arlington/Arlington Municipal Airport and the City of Edmonds ("permittee") agree
that the permittee, may use and occupy the following prescribed real property: that part of the
land within the boundary of the Arlington Municipal Airport that is shown on the attached Exhibit
A.
Such use is for the purpose of conducting driver training for the Edmonds Police Department for
the 2024 Calendar Year
1. Fees — This land use permit is issued for the periods listed above and may be reviewed by the
Arlington City Council and Airport Commission on a yearly basis. This entire agreement is open
to review and possible approval/disapproval on an annual basis by the City of Arlington/Arlington
Municipal Airport. It is revocable for any breach of the conditions noted herein. An
administrative fee of $100 plus sales tax is required each year this agreement is renewed.
Permittee is responsible for all damages.
The property being utilized shall be considered rented for any day in which the permittee
conducts the event. This shall include the set-up and teardown of the event. The payment for
this use fee shall be mailed or hand delivered to the City of Arlington or the Arlington Municipal
Airport Office.
Acreage required for this usage totals 2 acres, which equals $178.14 per day plus sales tax. The
land use fee shall be paid quarterly.
The permittee shall have the right of first refusal regarding use of the event site if another user
approaches the airport for the use of the entire event site.
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DocuSign Envelope ID: 48346C5D-F8DC-4164-ADCO-305COFF6D571
MASTER SECTION:
1. Late Charges - There shall be assessed and the permittee shall pay upon any installment of
the use fee or portion thereof not paid within twenty (20) days after such fee installment is
due and payable, a late charge penalty for each week or fraction thereof the use fee or
portion thereof is not paid equal to five percent (5%) of the amount for such use fee or portion
thereof (plus accrued late charge penalties, if any) due and payable. The amount of such late
charge penalty shall be added to the amount due each month, and the total thereof shall be
subject to a late charge for each succeeding month of fraction thereof in the amount of five
percent (5%) of the total.
2.Insurance
A. Insurance Term
The permittee shall procure and maintain for the duration of the use or rental period
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the use of the facilities and the activities of the permittee and
his or her guests, representatives, volunteers and employees.
B. No Limitation
Permittee's maintenance of insurance as required by the agreement shall not be
construed to limit the liability of the permittee to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
C. Required Insurance
Permittee's required insurance shall be as follows:
General Liability insurance shall be at least as broad as Insurance Services Office (ISO)
occurrence form CG 00 01 covering premises, operations, products -completed operations
and contractual liability. The City shall be named as an additional insured on permittee's
General Liability insurance policy using ISO Additional Insured -Managers or Lessors of
Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The
General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $1,000,000 general aggregate.
The insurance policy shall contain, or be endorsed to contain that the permittee's
insurance coverage shall be primary insurance as respect the City. Any insurance, self-
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DocuSign Envelope ID: 48346C5D-F8DC-4164-ADCO-305COFF6D571
insurance, or self -insured pool coverage maintained by the City shall be excess of the
permittee's insurance and shall not contribute with it.
D. City Full Availability of Permittee Limits
If the permittee maintains higher insurance limits than the minimums shown above, the
City shall be insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the permittee, irrespective of whether such limits
maintained by the permittee are greater than those required by this contract or whether
any certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the permittee.
E. Certificate of Insurance and Acceptability of Insurers
The permittee shall provide a certificate of insurance evidencing the required insurance
before using the Premises.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:
VII. Participation in a City risk pool with equivalent coverage shall be considered
compliant with this section.
3. Event Equipment - The permittee will supply at its expense all equipment to conduct the event
including portable toilets, tents, portable operations buildings, food vending operations, fencing,
and other miscellaneous equipment, such as aviation band radios, cell phones, etc.
It is agreed that: (A) The permittee will provide their own security service and also adequate fire
extinguishers and signage to comply with requirement imposed by the Arlington Fire
Department. (B) The permittee will provide adequate signage and guidance on roads and streets
surrounding the airport to citizens attending the event. (C) The permittee shall observe all federal,
state and local laws, orders or regulations applicable to the premises including the erection of
antennas, signs, displays, and shall keep the premises in a neat, orderly, safe and sanitary
condition. (D) The permittee shall not close any roadway normally in public use without proper
approval.
4. Set-Up/Teardown - (A) The permittee shall coordinate the setup, erection, cordoning, blocking,
rerouting, teardown, fencing, or other activities to prepare the premises for the event, all of
which may have the potential for disrupting normal airport operations, with the Airport Manager
prior to commencement of the same. A detailed plan may be required by the Airport Manager
prior to approving the same. Permittee acknowledges that plans for activities which may interfere
with the operational surfaces of the airport, including all runways, taxiways, landing areas, and
surface roads, must be provided to the Airport Manager during regular business hours and in
sufficient time for the Airport Manager to review and approve the same, and to give prior notice
to the Federal Aviation Administration and the local users of the operational surfaces.
(B) All labor required for the setup, erection, cordoning, blocking, rerouting, teardown, fencing,
or other activities to prepare the premises for the event shall be provided by permittee and at
permittee's expense. In the event permittee wishes to contract with the airport for any of these
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DocuSign Envelope ID: 48346C5D-F8DC-4164-ADCO-305COFF6D571
services, the same shall be done by separate written agreement following the provision of an
estimate for the same. Any charges resulting from said written agreement will provide for the
reimbursement to the airport of its actual costs to provide the services. Provision of these
services by the airport is discretionary, and is subject to the permittee providing the airport with
sufficient advance notice so as to allow for planning to avoid undue hardship or excessive
overtime costs.
(c) The permittee shall not cut any trees on the property without the prior approval of the Airport
Manager, and shall take all reasonable precautions to prevent and suppress forest, brush and
grass fire; to prevent the pollution of any water on or in the vicinity of the land; and to provide
for the protection of game birds or animals and or domesticated animals known to frequent the
areas of occupation. In addition, the permittee shall return the used site to the condition of that
area prior to the event. This will include collection and removal of all litter, dismantling of all use
structures, fences, portable toilets and other items connected with the event. Any vegetation
disturbed during the use (i.e. turf) shall be returned to original condition. This will include
seeding, fertilizing, watering, grooming and any other means necessary to return the vegetation
to a condition that equals or betters its pre -event state. Also any pavement breakdown due to
this use will be brought back to pre -use standard.
(D) Any and all airport surfaces used by the permittee shall be returned to the airport in a
condition at least as good as before the event. Where any vegetation has been disturbed,
permittee shall restore the same using appropriate landscaping practices, including the
application of topsoil, fertilizer, seeding and watering, to ensure proper repair or restoration. The
airport shall remain responsible for maintaining in the operational surfaces of the airport during
the term of the use agreement; the responsibility for checking and grooming all non -operational
surfaces shall be permittees.
(E) Permittee shall not alter any airport surface or facility without the prior written approval of
the Airport Manager. Airport may, in airport's discretion, agree to share in the costs of any such
improvements deemed by airport to be appropriate and of general benefit to the airport or its
users.
S. Safety - The permittee will take all reasonable steps to ensure and support safe flying
conditions in and around the airfield. This will include, but not be limited to, briefing all
participants on observing safe practices around the airfield, staying away from the active runway,
taxiways and aircraft parking areas and respecting an aircraft's right-of-way at all times. The
permittee's representative shall meet with the Airport Manager as necessary for safety briefings
on the airfield situation. Additionally, to facilitate the above items, an airport site visit or
orientation tour is highly recommended.
6. Area of Usage - As discussed and agreed upon the permittee's event shall only utilize the area
as depicted on the attached site map.
7. Accidents/Indemnity - The Permittee has personally inspected the premises and is informed
as to all risks which may be associated with the planned activities on the premises above
described. Being fully informed as to the risks and in consideration of being given the privilege
to utilize the property, Permittee, on behalf of itself and its elected and appointed officials,
employees and agents, agree to assume all risks in connection with Permittee's use of the
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DocuSign Envelope ID: 48346C5D-F8DC-4164-ADCO-305COFF6D571
property and further agrees to hold harmless and defend the City of Arlington, its elected and
appointed officials, employees and volunteers, for any injury or damages which may occur to
Permittee, its elected and appointed officials, employees, volunteers or invitees while on the
property. Permittee further agrees to hold harmless, defend and indemnify the City of Arlington,
its elected and appointed officials, employees and volunteers from and against any and all claims,
suits, actions or liabilities for injury or death of any person, or for loss or damage to property,
which arises out of the use of Premises or from any activity, work or thing done, permitted, or
suffered by Permittee in or about the Premises, except only such injury or damage as shall have
been occasioned by the sole negligence of the City.
8. Utilities - The permittee hereby covenants and agrees to pay all charges for heat, light, water
and sewer, and for all other public utilities which shall be used in or charged against the event
during the full term of this use agreement. Permittee shall at its cost construct and keep in repair
a suitable septic tank or other lawful sewage system, in accordance with Snohomish County
Health and Sanitary Regulations. Any permits therefor which may be required shall be secured
by permittee at permittee`s expense prior to installation.
9. Munitions - The permittee understands that permission to use the airport land does not grant
permission to use any type of munitions, smoke, pyrotechnics, chemical training agent, gas, or
explosive training devices to include blank rifle ammunition. Permission to use such devices will
be given separately and is always subject to immediate verbal revocation by the Airport Manager
or his representatives. If the permittee desire to use such devices, he must specify in writing at
least six months in advance to the Airport Manager or his representative the following: type,
smoke and noise producing effects, persistency of smoke, pyrotechnics the intended use site and
the time of use. Further, permittee shall obtain approval from the Puget Sound Air Pollution
Control agency at least one month prior to use. A copy of said approval shall be given to the
Airport Manager. Further, permittee must guarantee that all such devices or their residue will be
removed from the airfield and safely disposed of prior to his departure. The Airport Manager
reserves the right to approve in part or in entirety or deny completely the use of such devices.
Additionally, the presence of weapons, whether real or fake, requires the written permission of
the Airport Manager. In such case the only weapons loaded with live ammunition will be those
used by the Arlington Police Department. The permittee shall inform the local law enforcement
officers to include the Arlington City Police Chief, Snohomish County Sheriff and the local
Washington State Patrol office of the number and type of weapons to be used at least four weeks
in advance.
10. Usage - The permittee shall conduct and carry on in said premises only the business usage for
which said premises are to be used, and shall not use the premises for illegal purposes. The
permittee will cooperate with and notify the responsible enforcement agency of any illegal or
unlawful activity which becomes known during the period of occupancy.
11. Access - The permittee will allow the Airport Manager or his/her representative free access
at all times to said premises for the purpose of inspection. Nothing herein shall be constructed
as in anyway limiting the authority of the airport/city building official under existing law.
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DocuSign Envelope ID: 48346C5D-F8DC-4164-ADCO-305COFF6D571
12. Notice - All notices and consents hereunder shall be given in writing, delivered in person or
mailed by certified mail, postage pre -paid, to the receiving party at its address, or to such other
address as the receiving party may notify the sender beforehand referring to its use agreement.
13. Governmental Fees - All fees due under applicable law to the city, county or state on account
of any legal inspection made on premises by any officer thereof, shall be paid by permittee_
14. Liens and Insolvency - Permittee shall keep the property in which the use agreement is
exercised free from any liens arising out of any work performed, materials furnished or
obligations incurred by permittee. If the permittee becomes insolvent, voluntarily or involuntarily
bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of the
permittee the airport may cancel this use agreement at airport's option.
15. Default and Re-entry - If any fees above reserved, or any part thereof, shall be and remain
unpaid when the same shall become due, or if the permittee shall violate or default in any of the
covenants and agreements therein contained, then the airport may cancel this use agreement
and re-enter said premises.
16. Cost and Attornev,'s Fees - If by reason of any default on the part of either party, litigation is
commenced to enforce any provision of this use agreement or to recover for breach of any
provision of this use agreement the prevailing party shall be entitled to recover from the other
party reasonable attorney's fees in such amount as is fixed by the court, and all costs and
expenses incurred by reason of the breach or default by the other under this use agreement.
17. Non Waiver of Breach - The failure of either party to insist upon strict performance of any of
the covenants and agreements of this use agreement or to exercise any option herein conferred
in anyone or more instance, shall not be construed to be a waiver or relinquishment of any such
strict performance or of the exercise of such option, or any other covenants or agreements but
the same shall be and remain in full force and effect.
18. Restrictions and Consents - This use agreement shall be and is subject to all the terms,
covenants, restrictions, reservations and agreements contained in that certain Quit Claim Deed
dated February 25, 1959, by the United States of America to Town of Arlington, recorded in
Snohomish County, Washington, on August 20, 1959, in Volume 690 of Deeds, pages 38 through
46, under Auditor's File No. 1356180, records of said county, including the written consent of the
Federal Aviation Agency if the leased premises are to be used for other than airport purposes.
Under the requirements imposed upon airport as recipient of Federal Aid Airport Program Grant
Funds, the parties agree as follows: (A) Permittee covenants that it will not, in its operation at the
Arlington Airport, on the basis of race, color, creed, or national origin, discriminate or permit
discrimination against any person or group of persons in any manner prohibited by parts 15 and
21 of the Federal Aviation Regulations (49 CFR), and in that the airport has the right to take such
action as the United States government may direct to enforce this covenant. (s) With respect to
any aeronautical services, permittee agrees: 1) to furnish said aeronautical service on a fair, equal,
and not unjustly discriminatory basis to all users thereof, and 2) to charge fair, reasonable and
not unjustly discriminatory prices for each unit of service, provided, that the permittee may be
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DocuSign Envelope ID: 48346C5D-F8DC-4164-ADCO-305COFF6D571
allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of
price reductions to volume purchasers.
19. Nondiscrimination - The permittee on behalf of itself and its elected and appointed officials,
employees and agents, as a part of the consideration hereof, does hereby covenant and agree as
a covenant running with the land that in the event facilities are constructed, maintained or
otherwise operated on the said property described in this use agreement for a purpose for which
a Department of Transportation or activity is extended or for another purpose involving the
provision of similar services or benefits, the permittee shall maintain and operate such facilities
and services in compliance with all other requirements imposed pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended.
The permittee, for itself and its elected and appointed officials, employees and agents, as a part
of the consideration hereof, does hereby covenant and agree as a covenant running with the land
that (A) no person on the grounds of race, color or national origin shall be excluded from the
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of
said facilities, or (B) that in the construction of any improvements in, over or under such land and
the furnishing of services thereon, no person on the grounds of race, color or national origin shall
be excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination, and (C) that the permittee shall use the premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federally Assisted
Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of
1964, and as said regulations may be amended; and (D) that in the event of breach of any of the
above nondiscrimination covenants, the City of Arlington shall have the right to terminate this
use agreement and to re-enter and repossess said land and facilities thereon, and hold the same
as if said use agreement had never been made or issued.
20. Hazardous Wastes - The permittee shall not permit dangerous wastes, hazardous wastes, or
extremely hazardous wastes as defined by RCW 70.105.010 et seg. to exist on the premises and
shall, at permittee's sole expense, undertake to comply with all rules, regulations, and policies of
the Washington State Department of Ecology and the United States Environmental Protection
Agency. Permittee shall promptly notify the City Fire Department of the existence of dangerous
wastes, hazardous wastes, or extremely hazardous wastes as required by state and federal
regulations.
Permittee shall comply with any provisions of the local hazardous waste plan as now in existence
or hereinafter enacted. Permittee shall comply with any requirements for hazardous waste
disposal as may be imposed by RCW 70.105B. 030 and the State Department of Ecology.
21. Venue - The venue of any suit which may be brought by either party under the terms of this
use agreement or growing out of the tenancy under this use agreement shall at the option of the
airport be in court or courts in Snohomish County, Washington.
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DocuSign Envelope ID: 48346C5D-F8DC-4164-ADCO-305COFF6D571
22. Public Policy - The City of Arlington reserves the right to suspend this land use agreement at
any time for legitimate public safety.
23. Obligations - The airport shall notify the permittee of any security, maintenance or other
requirements necessary to the safe and orderly conduct of the event prior to the event. The
permittee shall apply security, maintenance or other requirements during the event. Regarding
requests for airport service(s) only a principle officer of the permittee can request service(s) from
the city/airport. Once service(s) have been requested by the permittee from the city/airport the
permittee is required to pay for service(s). The airport shall provide a cost estimate and timeline
to complete the service(s). This estimate shall also include whether the city/airport can complete
the service(s) within the outlined time frame. In the event of only partial clean-up, teardown, site
restoration or application of agreed to services by the permittee, the city/airport shall apply the
current billing rate for city/airport services to remedy any of the above and bring the site back to
pre -event status. No intoxicating venues, beverages or drug usage shall be allowed on the
permittee event site.
DocuSigned by:
"6r h(tt, r6su&
isazc2,182318D
Signature of Permittee's
Authorized Representative
8
Marty Wray, Airport Director
Arlington Municipal Airport
DocuSign Envelope ID: 48346C5D-F8DC-4164-ADCO-305COFF6D571
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