HomeMy WebLinkAbout04-24-17 Council Workshop
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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Kristin
APPROVAL OF THE AGENDA
Mayor Pro Tem Debora Nelson
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1. March Financial Report ATTACHMENT A
Staff Presentation: Kristin Garcia
2. Inter‐Fund Loan from Growth Fund to EMS Fund ATTACHMENT B
Staff Presentation: Kristin Garcia
Council Liaison: Mayor Pro Tem Debora Nelson
3. Mutual Benefit Agreement ATTACHMENT C
Staff Presentation: Dave Ryan
Council Liaison: Chris Raezer/Jan Schuette
4. Miscellaneous Council Items
EXECUTIVE SESSION
Discussion of pending or potential litigation [RCW 42.30.110(1)(i)]
City Attorney Steve Peiffle
RECONVENE
PUBLIC COMMENT
For members of the public who wish to speak to the Council. Please limit your remarks to three minutes.
ADJOURNMENT
Mayor Barb Tolbert
Arlington City Council Workshop
Monday, April 24, 2017 at 7:00 pm
City Council Chambers – 110 E 3rd Street
City of Arlington
Council Agenda Bill
Item:
WS #1
Attachment
A
COUNCIL MEETING DATE:
April 24, 2017
SUBJECT:
March 2017 Financial Report
ATTACHMENTS:
Financial Reports –
Narrative
General Fund Operating Statement
Revenue Charts
Other Fund Operating Statements
Growth Fund Balance Summary – 2010 to Current
DEPARTMENT OF ORIGIN
Finance; Kristin Garcia – Finance Director 360‐403‐3431
EXPENDITURES REQUESTED: 0
BUDGET CATEGORY: N/A
BUDGETED AMOUNT: N/A
LEGAL REVIEW:
DESCRIPTION:
Attached is the March 2017 financial report.
HISTORY:
ALTERNATIVES:
RECOMMENDED MOTION:
Workshop; discussion only.
City of Arlington
Council Agenda Bill
Item:
WS #2
Attachment
B
COUNCIL MEETING DATE:
April 24, 2017
SUBJECT:
Inter‐fund Loan from Growth Fund to EMS Fund
ATTACHMENTS:
Loan Worksheet – Exhibit 1
DEPARTMENT OF ORIGIN
Finance: Kristin Garcia, Finance Director 360‐403‐3431
EXPENDITURES REQUESTED: $95,737
BUDGET CATEGORY: Growth Fund
BUDGETED AMOUNT: $185,975
LEGAL REVIEW:
DESCRIPTION:
As of March 31, 2017, the EMS Fund required a third inter‐fund loan in the amount of $95,737. This
brings the total amount outstanding on the loan to $312,226. Total interest accrued to date is $164.70.
As of February, the LGIP interest rate is .70%.
HISTORY:
Previous outstanding loans from 2015 and 2016 were paid in full by December 31, 2016.
ALTERNATIVES:
Do not approve the inter‐fund loan and allow the fund to be negative. This could violate RCW
43.09.210 which states that no fund should unfairly benefit from another.
RECOMMENDED MOTION:
Workshop; discussion only. At the May 1, 2017 meeting, the motion will read; “I move to authorize
the finance director to take an inter‐fund loan from the Growth Fund to the EMS Fund for $95,737”.
City of Arlington
Council Agenda Bill
Item:
WS #3
Attachment
C
COUNCIL MEETING DATE:
April 24, 2017
SUBJECT:
Fee Waiver Resolution
ATTACHMENTS:
Resolution, Use Agreement, FAA Email, Finding of Facts
DEPARTMENT OF ORIGIN
Airport
EXPENDITURES REQUESTED: $100
BUDGET CATEGORY: Professional Services
LEGAL REVIEW:
DESCRIPTION:
The resolution before the Council is to waive fees for the Arlington Fly‐In scheduled to occur
July‐7‐9, 2017. The Fly‐In will still be required to pay the $100.00 processing fee that is
required for all events.
HISTORY:
In 2016, the City Council approved a resolution to waive land use fees For the Arlington Fly‐
In. The FAA concurred that this was an appropriate event in which fees may be waived as it
is an aeronautical use that promotes goodwill in the community and offers educational
opportunities in aviation.
ALTERNATIVES
RECOMMENDED MOTION:
Workshop; discussion only. At the council meeting, the proposed motion will be, “I move to
approve the proposed resolution authorizing the waiver of land use fees for the Arlington
Fly‐In, and authorize the Mayor Pro Tem to sign the resolution and the use agreement
including the fee waiver”.
RESOLUTION NO. 2017-XXX
RESOLUTION NO. 2017-XXX
A RESOLUTION OF THE CITY OF ARLINGTON
ADOPTING FINDINGS REGARDING THE WAIVER OF FEES
FOR THE 2017 ARLINGTON FLY-IN EVENT
WHEREAS, the City of Arlington adopted Ordinance No. 2016-011 on June 20,
2016, creating a mutual benefit agreement process for certain events to be held at the
Arlington Municipal Airport; and
WHEREAS, the Arlington Airport Commission held a public meeting on April
11, 2017 to discuss the requested waiver of fees for the 2017 Arlington Fly-In Event; and
WHEREAS, the Airport Commission’s Findings of Fact and recommendation is
attached hereto as exhibit A; and
WHEREAS, the City Council wishes to adopt required findings in support of the
waiver of fees;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ARLINGTON, WASHINGTON AS FOLLOWS:
1. The Arlington City Council makes the following written findings relating
to the 2017 EAA Fly-In event, as required by AMC 14.08.065 and Ordinance No. 2016-
011, adopted by the City Council on June 20, 2016:
(a) The 2017 Arlington Fly-In Event enhances public acceptance of the airport
in the community in the immediate area of the airport;
(b) The subject property will be put to a desired public recreational or other
community use by the community in the immediate area of the airport during the 2017
Arlington Fly-In event;
(c) The desired community use and the community goodwill that would be
generated by 2017 Arlington Fly-In Event serves the business interest of the airport in
ways that can be articulated and demonstrated;
(d) The 2017 Arlington Fly-In Event does not adversely affect the capacity,
security, safety, or operations of the airport;
(e) At the time the 2017 Arlington Fly-In Event is contemplated, the subject
property would not reasonably be expected to produce more than de minimis revenue;
(f) The 2017 Arlington Fly-In does not preclude reuse of the subject property
for airport purposes;
(g) Airport revenue does not support the capital or operating costs associated
with the 2017 Arlington Fly-In Event;
(h) The 2017 Arlington Fly-In Event is not to a for-profit organization or for
the benefit of private individuals;
RESOLUTION NO. 2017-XXX
(i) The permit, license or contract for the 2017 Arlington Fly-In Event
complies with RCW 14.08.120(5);
(j) The permit, license or other contract for the 2017 Arlington Fly-In Event
does not exceed five (5) years;
(k) The permit, license or other contract for the 2017 Arlington Fly-In Event
does not exceed one year;
(l) The proposed 2017 Arlington Fly-In Event use agreement and proposed
waive of fees has been provided to the FAA for the opportunity to review and comment;
(m) If the proposed use is within the airport operations area, it may only be
used for an approved aeronautical use; and
(n) The proposed permit, license or agreement complies with the city’s federal
grant assurance obligations.
2. The Arlington City Council hereby adopts and incorporates by reference
the Airport Commission’s findings of fact and the recommendation made by the Airport
Commission April 11, 2017, attached hereto as Exhibit A.
ADOPTED by the City Council and APPROVED by the Mayor Pro Tem this
____ day of ___________, 2017.
CITY OF ARLINGTON
_______________________________
Debora Nelson, Mayor Pro Tem
ATTEST:
________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
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ARLINGTON MUNICIPAL AIRPORT
USE AGREEMENT
VARIABLE SECTION:
General
The City of Arlington/Arlington Municipal Airport and the Arlington Fly-In (“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 in the attached
Exhibit A.
Such use is for the purpose of conducting the Arlington Fly-In for members, spectators and
guest or any affiliates and/or associated chartered clubs or chapter of the Arlington Fly-In or
Arlington Municipal Airport during the date of July 7th - 9th, 2017.
1. Fees – This land use permit issued for the period listed above shall be reviewed and voted on
by the Airport Commission. The non-refundable administrative fee is $100.00. This entire
agreement is open to review and possible approval/disapproval by the City of
Arlington/Arlington Municipal Airport. It is revocable for any breach of the conditions noted
herein. Fees paid for use of the site are non-refundable and non-transferrable (cannot be applied
to a future date if a reserved date is cancelled by the permittee).
A written request for the use of the site shall be submitted at least 30 days prior to the anticipated
use of the above-described property. This land use agreement will be for non-exclusive use.
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 Arlington Municipal Airport office prior to
the start of the event.
Acreage required for this usage totals (76.4 ) acres. The total land use fee for the Arlington Fly-
In event has been waived due to overall community benefit. Administrative fee is $100.00.
Total due for the event equals $100.00.
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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
$5,000,000 each occurrence, $5,000,000 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-
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
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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.
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. 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
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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.
5. Assignment/Subletting
(A) Assignment - This use agreement may not be assigned by the permittee.
(B) Subleases to vendors - The permittee may sublet any portion of the premises to a subtenant or
subtenants solely for the purposes of exhibition or vendor use at the event provided:
1. That the use to be made of the premises is consistent with other business purposes at
the airport and state and local law.
2. The subletting is done in accordance with City of Arlington and Federal Aviation
Administration guidelines concerning fair and open solicitation and nondiscrimination. When
permittee negotiates or enters into an agreement for a vendor to be an exclusive provider of
goods or services at the event permittee may be required to demonstrate that the process was
open to local providers of the good(s) or service(s), and that the selection was fair and
nondiscriminatory.
(C) Insurance and other requirements of vendors - all vendors selected by permittee must carry
and maintain commercial general liability insurance in a company for companies rated in the
current edition of Best’s General Ratings of not less than A: VII., or in such other company or
companies not so rated which may be acceptable to airport, insuring permittee against all claims
for damages for personal injury, including death, and against all claims for damage and
destruction of property, which may arise by the acts or negligence of the permittee, its agents,
employees or servants, or by any means of transportation whatsoever including owned, non-
owned and hired automobiles, to the extent of at least One Million dollars ($1,000,000.00)
combined single limit. Airport shall be named in all such policies as an additional insured, and a
true copy of such insurance policy or policies or a certificate of insurance acceptable to the
airport shall be furnished to airport upon request. Vendors must also meet all health, safety,
mobile fuel vending regulations, and fire inspection requirements of local, state and federal
authorities. Permittee shall provide to airport each year a list of vendors and their addresses
within fourteen (14) days after the end of the event. If food or nonalcoholic beverages are sold or
served at the event, the policy must also include an endorsement for products liability. If
alcoholic beverages are sold or served at the event, the policy must also include an endorsement
of host liquor liability. The Airport Manager may require additional endorsements depending
upon the proposed activity.
6. 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
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briefings on the airfield situation. Additionally, to facilitate the above items, an airport site visit
or orientation tour is highly recommended.
7. Area of Usage - As discussed and agreed upon the permittee’s event shall utilize the area as
depicted on the attached site map.
8. 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 heirs and successors, agree to assume all risks in connection with
permittee’s use of the property and further agrees to hold harmless the City of Arlington, its
elected and appointed officials, employees and volunteers, for any injury or damages which may
occur to permittee or permittee’s 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.
9. 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.
10. 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, it must specify in writing at
lease 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 lease 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.
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11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Cost and Attorney’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.
18. 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.
19. 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
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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. (B) 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 allowed to make reasonable and nondiscriminatory
discounts, rebates or other similar types of price reductions to volume purchasers.
20. Nondiscrimination - The permittee for himself/herself, his/her heirs, personal representatives,
successors in interest and assigns, 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 tenant 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 himself, his personal representatives, successors in interest and assigns, 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 (D)that in the event of breach of any of the above
nondiscrimination covenants, the landlord 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.
21. 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.
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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.
22. 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.
23. Public Policy - The City of Arlington reserves the right to suspend this land use agreement at
any time for legitimate public safety.
24. 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. 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 except pursuant to a license issued by the
Washington State Liquor & Cannabis Board.
__________________________________ ____________________________________
Signature of Permittee David Ryan, Airport Director
Arlington Municipal Airport
Dave, and all –
Thank you for giving us the opportunity to review the proposed Mutual Benefit Agreement between the
City of Arlington and the Arlington Fly‐In, regarding waiver of typical land use fees for the Fly‐In.
I have no objections to the proposal as written. But please note that if any future complaints of
economic discrimination arise on the issue of fee waivers, the City should be prepared to justify the
rationale behind applying the Ordinance in one case and not in another.
Kevin
KEVIN LATSCHAW, P.E.
FAA – Seattle airports district office
WA State Engineer
Compliance Specialist
(425) 227-2654
Kevin.latschaw@faa.gov
From: David Ryan [mailto:dryan@arlingtonwa.gov]
Sent: Tuesday, June 28, 2016 10:52 AM
To: Latschaw, Kevin (FAA)
Cc: City Council; #Airport Commission
Subject: Mutual Benefit Agreement
Hi Kevin,
As you know from my email last week, the City Council approved the Mutual Benefit Agreement with
the Council having the authority to consider waiving land use fees for the Arlington Fly‐In (pending FAA
review and comment). I believe I also informed you that the Airport Commission voted to recommend
to the Council that these fees be waived. The Council had another workshop last night to discuss the
Airport Commission’s recommendation and will be voting on that recommendation on Tuesday next
week. All of these questions are contingent upon the FAA’s review and comment of this agreement. In
order for the Council to make an informed decision, they ask that you return your review and comment
as soon as possible. I have included a Finding of Facts from the Arlington Airport Commission. I look
forward to hearing from you.
Regards,
Dave
David M. Ryan C.M.
Airport Director, City of Arlington
18204 59th Ave. N.E.
Arlington, WA 98223
360‐403‐3474
dryan@arlingtonwa.gov