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Home My WebLink About05-01-17 Council Meeting SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403‐3441 or 1‐800‐833‐8388 (TDD only) prior to the meeting date if special accommodations are required. 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 Mayor's Volunteer Award ‐ Mark Everett Mayor Barb Tolbert PROCLAMATIONS PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Debora Nelson 1. Minutes of the April 17 and April 24, 2017 Council Meetings ATTACHMENT A 2. Accounts Payable 3. Cascade NW Self Storage Settlement Agreement ATTACHMENT B PUBLIC HEARING NEW BUSINESS 1. Inter‐Fund Loan from Growth Fund to EMS Fund ATTACHMENT C Staff Presentation: Kristin Garcia Council Liaison: Mayor Pro Tem Debora Nelson 2. Mutual Benefit Agreement ATTACHMENT D Staff Presentation: Dave Ryan Council Liaison: Chris Raezer/Jan Schuette Arlington City Council Meeting Monday, May 1, 2017 at 7:00 pm City Council Chambers – 110 E 3rd Street SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403‐3441 or 1‐800‐833‐8388 (TDD only) prior to the meeting date if special accommodations are required. DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Barb Tolbert To open all attachments, click here DRAFT Page 1 of 3 Council Chambers 110 East Third St April 17, 2017 Council Members Present: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss, Jesica Stickles, and Marilyn Oertle. Council Members Absent: City Staff Present: Mayor Barbara Tolbert, Paul Ellis, Sheri Amundson, Kris Wallace, Jim Kelly, Kristin Banfield, Jay Downing, Deana Dean, Jonathan Ventura, and City Attorney Steve Peiffle. Also Known to be Present: Maxine Jenft, Tony Leitch, Jennifer Holocker, Terry Marsh, Craig Christianson, Cristy Brubaker, Holly Sloan Buchanan, Jan Bauer, Larry Bell, Mike Britt, Doug Buell, Erik Granroth Mayor Barbara Tolbert called the meeting to order at 7:00 pm, and the pledge of allegiance followed. APPROVAL OF THE AGENDA Councilmember Nelson moved to approve the agenda as presented. Councilmember Raezer seconded the motion, which passed with a unanimous vote. INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS Communications Manager/City Clerk Kristin Banfield introduced Pastor Deena Jones and spoke to the work Hands Together does in operating the homeless shelter. Pastor Jones spoke and thanked the volunteers and acknowledged the support they receive from the City. Mayor Tolbert presented Pastor Jones with the Mayor’s Volunteer Award and thanked the group for all they do. PROCLAMATIONS Councilmember Oertle read the Proclamation for Arbor Day. Councilmember Nelson read the Proclamation for Volunteer Week. PUBLIC COMMENT Mike Britt spoke on behalf of the Downtown Arlington Business Association regarding the Lodging Tax Advisory Committee. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting April 17, 2017 Page 2 of 3 CONSENT AGENDA Councilmember Nelson moved to approve the Consent Agenda. Councilmember Raezer seconded the motion which was carried. 1. Minutes of the April 3 and April 10, 2017 Council Meetings and April 8 and 9, 2017 City Council Retreat. 2. Accounts Payable: Approval of EFT Payments and Claims Checks #90539 through #90637 dated April 4, 2017 through April 17, 2017 for $492,970.60; and Approval of EFT Payments and Payroll Checks #29116 through #29131 dated March 1, 2017 through March 31, 2017 for $1,280,382.50. 3. Authority to purchase Sensus vehicle gateway base station drive‐by unit for meter reading 4. Adopting revised Cemetery Fee Resolution 5. Airport tractor purchase PUBLIC HEARING NEW BUSINESS 67th Avenue overlay apparent low bid Public Works Director Jim Kelly requested council award the project bid to Lakeside Industries. He noted this project is partially funded through the TBD and partially grant funded. Council questions followed. Councilmember Nelson moved and Councilmember Oertle seconded the motion to award the 67th Avenue Overlay Project to Lakeside Industries and authorize the Mayor to sign the Construction Contract, pending review by the City Attorney. The motion was approved by a unanimous vote. Appointment to Parks, Arts, and Recreation Commission Communication Manager/City Clerk Kristin Banfield recommended Council appoint Jesica Ronhaar to the Parks, Arts, and Recreation Commission. Councilmember Nelson moved and Councilmember Weiss seconded the motion to appoint Jesica Ronhaar to the Parks, Arts, and Recreation Commission. The motion was approved by a unanimous vote. Appointments to Lodging Tax Advisory Committee Kristin Banfield recommended Council appoint Jennifer Holocker from the Arlington Smokey Point Chamber of Commerce and Erik Granroth from Arlington Rotary to the Lodging Tax Advisory Committee. Council questions and comments followed. Minutes of the City of Arlington City Council Meeting April 17, 2017 Page 3 of 3 Councilmember Nelson moved and Councilmember Stickles seconded the motion to appoint Jennifer Holocker and Erik Granroth to the Lodging Tax Advisory Committee. The motion was approved by a unanimous vote. ADMINISTRATOR & STAFF REPORTS None. COUNCILMEMBER REPORTS Councilmembers Stickles, Nelson, Schuette, and Hopson gave brief reports, while Councilmember Oertle, Weiss, and Raezer had nothing to report at this time. MAYOR’S REPORT None. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:33 p.m. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street April 24, 2017 Councilmembers Present: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss, Jesica Stickles, and Marilyn Oertle. Council Members Absent: None Staff Present: Mayor Barbara Tolbert, Paul Ellis, Heather Logan, Kristin Banfield, Kristin Garcia, Sheri Amundson, Jonathan Ventura, David Ryan, Jim Kelly, Kris Wallace, and City Attorney Steve Peiffle. Also Known to be Present: Maxine Jenft, Holly Sloan‐Buchanan, Doug Buell, and Ray Carveth. Mayor Tolbert called the meeting to order at 7:00 pm, and the pledge of allegiance followed. Mayor Pro Tem Debora Nelson moved to approve the agenda. Councilmember Raezer seconded the motion, which passed with a unanimous vote. Introduction of Special Guests and Presentations WORKSHOP ITEMS – NO ACTION WAS TAKEN March Financial Report Finance Director Kristin Garcia reviewed the financial report from March 2017 and answered Council questions. Inter‐Fund Loan from Growth Fund to EMS Fund Finance Director Kristin Garcia reviewed the request to provide an inter‐fund loan from the Growth Fund to the EMS Fund up to $185,975. Discussion followed. At 7:14 p.m., Mayor Tolbert excused herself from the next agenda item and left her seat. Mayor Pro Tem Debora Nelson called the next item of business. Mutual Benefit Agreement Airport Director David Ryan reviewed the proposed fee waiver resolution to waive the land use fees for the Arlington Fly‐In for the 2017 event. The FAA has concurred with this waiver, as the Fly‐In is an aeronautical event that promotes goodwill in the community and offers educational opportunities in aviation. Discussion followed. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop April 24, 2017 Page 2 of 2 At 7:22 p.m., Mayor Tolbert rejoined the meeting and resumed her position as chair. Miscellaneous Council Items Councilmember Stickles noted that the Arlington High School NeoBots robotics team finished fourth in the world competition in Houston, Texas over the weekend. Public Comment None. Executive Session City Attorney Steve Peiffle announced an Executive Session for the purposes of discussing pending or potential litigation [RCW 42.30.110(1)(i)], estimating to take 30 minutes and that there would be no action following the Executive Session. Council recessed to Executive Session at 7:24 p.m. At 7:53 p.m., City Attorney Steve Peiffle announced that at the request of the Mayor and Council, the Executive Session would be extended for an additional 15 minutes. At 8:08 p.m. the Mayor reconvened the meeting. With no further business to discuss, the meeting was adjourned at 8:09 p.m. ______________________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment B COUNCIL MEETING DATE: May 1, 2017 SUBJECT: Cascade NW Self Storage Settlement Agreement ATTACHMENTS: None DEPARTMENT OF ORIGIN Legal EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: Professional Services LEGAL REVIEW: DESCRIPTION: Cascade NW Self-Storage filed an appeal of the City’s Design Review Decision under the Land Use Petition Act (LUPA) under Snohomish County Superior Court #16-2-20427-31. They also filed a damages claim with the City on or about December 5, 2016. HISTORY: Cascade NW applied to the City for a various approvals for development of a multi-story self- storage facility (the “Development”) within the Smokey Point area. The Community Development department issued some permits for the project although the proposed use was not permitted under a 2015 ordinance. The City adopted new regulations in 2016 which were different from the plans submitted by Cascade NW. The City’s former Community Development Director issued a Design Review Decision denying the Project, and that decision was upheld by the City’s hearing Examiner. Cascade NW appealed the decision to the Superior court and filed a damage claim with the City. The parties and the Washington Cities Insurance Authority (WCIA) have negotiated a tentative settlement just prior to the final LUPA hearing which includes issuance of remaining permits for the project, dismissal of the appeal, release of the damage claims, and payment by WCIA of a sum of money ($99,900) to the applicant. ALTERNATIVES Do not approve settlement. RECOMMENDED MOTION: I move to approve the proposed settlement agreement with Cascade NW Self-Storage and related parties, and authorize the Mayor to sign the settlement agreement, subject to final review and approval of the documents by the City Attorney. City of Arlington Council Agenda Bill Item: NB #1 Attachment C COUNCIL MEETING DATE: May 1, 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: 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: NB #2 Attachment D COUNCIL MEETING DATE: May 1, 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: 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 has recommended that the City Council waive the fees for the 2017 Arlington Fly-In Event; 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, and therefore there is no requirement of security or rental insurance; (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) The proposed use is within the airport operations area, and will 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 approves and incorporates by reference the Airport Commission’s recommendation made on April 11, 2017. 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 1 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. 2 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 3 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 4 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 5 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. 6 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 7 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. 8 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