􀁾􀀭 JtJ _/-. -. 􀁾􀀠􀁾􀀠. .L--.·----·-·---. . -􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀂷􀀭􀁾--􀀭-----. -·-· ----·------····--·------.. .. -_______ 􀀭􀂷􀂷􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀱􀀮􀀷􀀭􀀭􀀰􀀭􀀭􀁾􀁾􀀠---------·-- ---------------------------􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 -------.. ··--------· ....... ------.. .. ... 1 ;·· ···--····--.... . . ·······------. ------· -----· -. . ... --------·---.. ---.. -_____ . .... _L_I()_f..({. _-:-_._t!_--f./3-no 1ct2...-;z:;v, fJ 􀁙􀁬􀁾􀁾􀀮􀁳􀀮􀀠 -_ 􀁾􀀢􀀧􀀭 􀁾􀀭􀂭 ff £:.. 5 􀁴􀁊􀁾􀀮􀀮􀁵􀁊􀁾􀁾􀁁􀀠 f'vcs rr; ----------------------------------<.__ 􀀭􀀭􀁾􀀭􀁾􀀭􀁾􀀽􀀭􀁾􀀠􀀭􀀭􀁾􀀭􀀭 --7--------------------------------------------------------------------------·-· --·. -·--·-. _.. _____ 􀁓􀀮􀁩􀁊􀀭􀁾􀀮􀁃􀁚􀁾􀀯􀀲􀀠.. -:._Ztb._2 .... 􀁾􀀠_:?of": ...... . ------------·--:r:_·--------------------·-------···--------------·-·------.. -----.. --􀁾􀁾􀀭􀀮􀀱􀀭􀁌􀀠􀁾􀀠& vA4-. ---------- .. 􀀺􀀮􀁾􀀠 .i.,_ .... ·, -'• ADDISON AIRPORT NONPUBLIC AIRCRAFT FUELS DISPENSING ·PERMIT In consideration of a one time fee of $1,000.00 CHERRY AIR, INC. is hereby granted a Nonpublic Aircraft Fuels Dispensing Permit from the City of Addison, Texas, subject to and upon the terms and conditions hereinafter set forth. I. Purpose A) These rules of procedure are es-tablished for the purpose of providing guidelines to be followed by parties conducting Nonpublic Aircraft Fuels Dispensing Service (hereinafter "Permittees") on Addison·Airport (the "Airport") which is owned by the City of Addison ("City") and operated by Addison Airport of Texas, Inc. ("Addison") pursuant to an Operating Agreement. B) All. parties who dispense aircraft fuel on the Airport must-hold a Fueling Dispensing Permit issued by the· City. II. Restriction from Public Aircraft Fuels Dispensing Service Permittees holding Nonpublic Aircraft Fuels Dispensing Permits shall be restricted from selling aircraft fuels to other airport users, including locally based and transient aircraft. Fueling of any aircraft not owned or leased hv Permittee shall constitute a violation of the Fueling Concession Permit and, consequently, rnav call for immediate revocation of said Permit. Upon request by Citv, Permittee shall provide evidence of ownership or lease of any aircraft being fueled. I I I. Personnel Personnel engaged in dispensing aircraft fuels shall he properly trained in all fueling, handling and associated safety procedures and shall in all fueling and plane handling operations conform to all of the best practices for such operations. -Observation of practice to the contrary by Citty and Notification thereof to the Permittee will be the cause for re-evaluation of such personnel as qualified to perform the operation. Failure on the part of Permittee to correct malpractice of fueling and related safety procedures shall constitute a violation of the Fueling Concession Permit and consequently may call for revocation of said Permit. IV. Fuel NONPUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 1 '· \ .·· Permittee shall provide aircraft fuel of the types required by those aircraft which Permittee serves and shall not fuel aircraft with fuels other than those approved by the aircraft engine manufacturers for the type and length of operations involved. Aviation fuels received, stored and dispensed shall conform to ASTM Standard D9l0 for AV-Gas and ASTM Standard D-1655 for Turbo fuel. No waivers shall be acceptable unless specifically approved for a short duration by City in writing following a request ·for a waiver in writing by Permittee. City shall be the sole judge of possible waiver of fuel standards in any short term emergency. Prior to issuance of this Permit, the prospective Permittee shall furnish a letter of Product Commitment, Allo.cation of Product and Certification of Compliance to the Fuel Specifications for the fuels to be dispensed from a supplier acceptable to City. Non periodic samples of fuel as received and fuels as dispensed may be required of the Permittee by City on a reasonable reasonable basis as detemined by the City and··permittee will at no cost to City have basic and· or complete specification testing of such samples performed by laboratory testing service and the results of such testing will be transmitted to airport in its original form by the testing service or Permittee. Such Laboratory Testing Service would preferably not be that of the supplier, however should the supplier's laboratory he almost singularly available such supplier's laboratory may perform the testing provided the sample is submitted "blind" and not singularly identifiable. V. Fueling Facilities A) Trucks .1.) Permittee shall furnish mobile dispensing single product trucks, at least one for each type fuel to be dispepsed, each having a minimum capacity of l,DOO gallons for AV.Gas and 2,000 gallons for Turbo fuel. In no instance shall any mobile dispensing truck exceed 2,500 gallon shell capacity. Separate filter or filter separator for equipment dispensing pumps, meters, bottom tank loading and grounding services for each type of fuel shall be required. Trucks shall be properly maintained, operated and equipped in accordance with applicable Federal Aviation Administration, Airport and National Fire Protection Assocation recommendations, requirements and regulations. Aircraft refueler units shall be attended and operated only hy persons NONPUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 2 '. .... instructed in methods of proper use and operations and who .are qualified to use s·uch refueler units in accordance with safety requirements. Each qualified operator shall be required to carry on his person an Identification Card issued by his employer 􀁣􀁥􀁲􀁴􀁩􀁦􀁹􀁩􀁮􀁾􀀠 his qualifications. 2.) The Permittee shall not allow unlawful use of the equipment if defective and will operate the equipment in a safe, efficient, clean and as designed manner. 3.) Prior to the first use of a mobile dispensing. truck on City Airport, the Permittee shall present such truck for inspection and approval bv City. City's approval is mandatory to the mobile dispensing trucks use or operation and such approval shall be by the City Fire Marshall or his designee. Periodically, Permittee shall allow mechanical and dispensing system inspection of said trucks by City and shall cease · operation of the trucks until any malfunction or discrepancy so noted is corrected to the satisfaction of City. Operation of mobile dispensing trucks with known mechanical or operational deficiencies shall constitute a violation of this Permit and may cause immediate revocation thereof. Permitt-ee shall make his own daily mobile dispensing truck inspection in accordance with the form furnished by City and shall maintain such inspection form for at least one year. These inspection files shall .be available to City on request. Failure to make daily inspections of the mobile dispensing tiucks or to maintain these inspection form files or make them available to City on request shall constitute a violation of this Permit and may cause immediate revocation thereof. B) Tank Farm · 1.) For each grade of fuel, there must be installed a minimum of two (2) 12,000 gallon tanks. Facilities for the bottom loading of mobile dispensing trucks are required. ·Fuel storage tanks shall be underground and such installations shall be in the location approved by City in the designated fuel farm areas, which locat· NONPUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 3 tion is shown on Exhibit "A" hereto, -and shall comply with applicable Uniform Builose A) These rules or procedure are established for the purpose of providing guidelines to be followed by parties conducting public Aircraft Fuels Dispensing Service (hereinafter "Concessionaire") on Addison Airport (the "Airport") which is owned by the City of Addison ("City") and operated by Addison Airport of Texas, Inc. ("Addison") pursuant to an Operating Agreement. B) All parties who dispense aircraft fuel on the Airport must hold a Fueling Dispensing Permit issued by the City. II. Buildings A. Concessionaire shall construct or lease a building providing a minimum of 256 square feet of properly lighted and heated floor space for public lounge/food area and rest rooms (two required). Such building shall be properly located (on leased premises) to serve the public during hours of fuel sales. All buildings and signs are subject to approval by City. B. Adjacent to the building described hereinabove, concessionaire shall lease or construct an aircraft parking ramp capable of supporting 12,500 lb. gross weight aircraft for AV-GAS (100 Octane) sales or 60,000 lb. gross weight aircraft for JetA-Turbo Fuel sales with a minimum of 25,000 square feet. This aircraft parking ramp must have adequate permanent tie down facilities ( 4 required however, they may be located at the facility of the on-field representative)for aircraft parking space and be properly marked. The ramps shall be laid out to provide space for 2 aircraft fueling and 4 waiting to receive fuel. Concessionaire shall maintain the aircraft ramp in a safe operating condition so as to avoid any potential damage to aircraft. C. All fuel sales shall be conducted on Concessionaire's leased premises. SELF SERVICE PUBLIC AIRCRAFT FUELS DISPENSING PERMIT-PAGE I ill. Personnel A) Sufficient properly trained personnel shall be available to serve the public a minimum of sixteen hours per day, seven days per week. If fuel is sold when an on-field representative is not present, the on-field representative shall provide emergency response personnel with a demonstrated 30 minute response time to the field. The Concessionaire shall require on-field representatives to be easily identifiable as a representative of the concessionaire when on-site servicing the property or responding to an emergency; courteous and furnish good, prompt and efficient service at all times and shall provide service in a fair, equal and nondiscriminatory basis to all Airport users. Such personnel may not dispense fuel and may act only in an advisory capacity. B) Solicitation of fueling services in a loud, boisterous, offensive or obstructive manner shall not be permitted. C) Personnel engaged in dispensing aircraft fuels shall be properly trained in fueling, handling and associated safety procedures and shall in all fueling and plane handling operations conform to all ofthe best practices for such operations. Observation of practice to the contrary of the City and notification thereof to the Concessionaire will be the cause for re-evaluation of such personnel as qualified to perform the operation. Failure on the part of Concessionaire to correct malpractice of fueling and related safety procedures shall constitute a violation of the Permit. IV. Fuel A) Concessionaire shall provide one grade of aircraft fuel, including 100 Octane and Jet-A-Turbo Fuel at each site. Concessionaire shall not fuel aircraft with fuels other than those approved by the aircraft engine manufacturers for the type of aircraft involved. Aviation fuels received, stored and dispensed shall conform to ASTM Standard D-910 for AV-Gas and ASTM Standard D-1655 for Turbo fuel. No waivers shall be acceptable unless specifically approved for a short duration by City in writing following a request for a waiver in writing by Concessionaire. Concessionaire. City shall be the sole judge of possible waiver of fuel standards in any short term emergency. Prior to issuance of this Permit, the prospective Concessionaire shall furnish a letter of Product Commitment, Allocation of Product and Certification of Compliance to the Fuel Specifications for the fuels to be dispensed from a supplier acceptable to City. Non periodic samples of fuel as received and fuels as dispensed may be required of the Concessionaire by City on a reasonable basis as SELF SERVICE PUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 2 determined by the City and Concessionaire will at no cost to City have a basic and or complete specification testing of such samples performed by laboratory testing service and the results of such testing will be transmitted to the City in its original form by the testing service or Concessionaire. Such Laboratory Testing Service would preferably not be that of the supplier, however should the supplier's laboratory be almost singularly available such supplier's laboratory may perform the testing provided the sample is submitted "blind" and not singularly identifiable. B) Fuel may be dispensed only into aircraft. No person may dispense fuel for vehicle use or into portable containers of any kind. V. Fueling Facilities A) Dispensing Pumps 1) Dispensing pumps (2 required) shall be properly maintained, operated and equipped in accordance with applicable Federal Aviation Administration, Airport and National Fire Protection Association recommendations, requirements and regulations. Pumps shall be operated only by by persons instructed in methods of proper use and operations and who are qualified to use such refueller units in accordance with safety requirements. Each qualified operator shall be required to demonstrate his authorization, certifYing his qualifications. 2) The Concessionaire shall not allow unlawful use of the equipment if defective and will operate the equipment in a safe, efficient, clean and as designed manner. 3) Prior to the first use of a dispensing pump on Addison Airport, the Concessionaire shall make his own daily dispensing pump inspection in accordance with the form furnished by City and shall maintain such inspection form for at least one year. These inspection files shall be available to City on request. Failure to make daily inspections of the dispensing pumps or to maintain these inspection form files or make them available to City on request shall constitute a violation of this Permit and may cause revocation thereof B) Self-Service Fueling Facility The self-service fueling facility shall, as minimum, be equipped with the following: SELF SERVICE PUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 3 I) Large, easily recognizable markings to indicate the type of fuel. 2) Placard instructions on the use of the Facility including the pump, proper grounding and emergency procedures. 3) Properly serviced fire extinguisher with instructions for use. 4) Ground rods of sufficient length to reach permanent underground moisture and industry accepted static discharge ground wires. 5) Adequate lighting for the facility and aircraft. 6) Free phone for local calls and 24-hour service direct line to Concessionaire's home office.· 7) Video surveillance camera. 8) An automatic device designed to prevent the dispensing of fuel if the aircraft is not properly grounded. 9) Placard identifYing the on-field representative, their phone number, hours of operation and the emergency number for the onfield representative when they are not present on the field. C. TankFarm I) Storage tanks for fuel shall have minimum total capacities of 24,000 gallons (two 12,000 gallon tanks) .. Fuel storage tanks shall be underground and such installations shall be in the location approved by City in the designated fuel farm areas, which location is shown on Exhibit "A" hereto, and shall comply with applicable Uniform Building Code Standards, Fire Codes and Ordinances of the City of Addison and Recommendations of the National Fire Protection Association. 2) Fuel storage tanks shall comply with requirements set out by the Environmental Protection Agency and the Federal Aviation Administration. Detail plans and specifications for such tank farm installation shall be presented to City for approval 15 days prior to the anticipated date to commence construction of the facility. Facility construction shall not commence prior to approval by City. After completion of the fuel farm and before initial use City shall approve SELF SERVICE PUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 4 such installation. After the fuel farm is in operation, Concessionaire shall allow City to make joint inspections of the facility in the manner of the Daily Inspection Record Forms to be furnished by City. Failure to (I) secure facility approval before use, (ii) allow joint inspection or (iii) correct any discrepancy in the condition of the fuel farm or the products stored therein shall constitute a violation of this Permit and may cause revocation thereof 3) All construction of improvements on tank farm shall conform with any General Architectural Requirements of the City and shall be undertaken in accordance with local, state and federal codes, ordinances and regulations now or hereafter in force and effect. Concessionaire shall, at its sole cost and expense, obtain all necessary building permits, and all labor and material bonds. Upon completion of construction, title to all such tank farm improvements shall vest in the City of Addison. 4) Concessionaire shall, at its sole cost and expense, maintain fuel fuel farm, all improvements thereon, and all appurtenances thereto, in a presentable condition consistent with good business practice and equal in appearance and character to other similar improvements on said Airport. Concessionaire shall make daily inspections of his portion of the fuel farm in accordance with the Form furnished by City and shall maintain a file of these inspections for at least one year. Concessionaire shall make records of receipt of fuels in accordance with Forms furnished by City and shall maintain a file of these receipt records for at least one year. Inspection and receipt records are to be made available on reasonable request from City. Failure to (I) inspect on a daily basis, (ii) make receipt records, (iii) maintain files of these records or (iv) make them available to City on request shall constitute a violation of this Permit and may cause revocation thereof Concessionaire shall perform whatever reasonable maintenance City deems necessary. If said maintenance is not undertaken by Concessionaire within ten days after receipt of written notice, Concessionaire shall be in default of this agreement, and operations shall cease until such maintenance and other requirements are undertaken and completed. Continued use of the equipment or facility after such notice shall constitute a violation of this Permit and may cause immediate revocation thereof 5.) Concessionaire shall, in the event it shall become necessary to make physical changes on it's premises, promptly make such changes and SELF SERVICE PUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 5 installations at its sole expense. Such changes shall be approved by the City. 6.) Concessionaire shall assume and pay for all costs or charges for utility services furnished to Concessionaire during the term of this Pennit; provided, however, that Concessionaire shall have the right to connect to any and all storm and sanitary sewers and utility outlets at its own expense; and Concessionaire shall pay for any and all service charges incurred therefor. D. Trash, Garbage, etc. VI. Services Concessionaire shall provide a complete and proper arrangement for the adequate handling and disposal, away from the Airport, of all trash, garbage and other refuse generated as a result of the operation of its tank farm. Concessionaire shall provide and use suitable covered metal receptacles for all such garbage, trash and other refuse. Piling of boxes, cartons, barrels or other similar items, in an unsightly or unsafe manner, on or about the demised premises, shall not be pennitted. Concessionaire shall be required to serve the public by: A) Fueling aircraft B) Provide Transient Aircraft Parking C) Provide lounge and restroom facilities VII. Hours of Operation Fueling service shall be made available to the public on a minimum sixteen-hour basis, and Concessionaire shall provide for storage or parking of transient aircraft during hours of operation, seven days per week on Concessionaire's premises as specified under paragraph II. B). VIII. Insurance and Indemnification A) Fire Insurance SELF SERVICE PUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 6 ,. Insurance shall be maintained by Concessionaire in accordance with the provisions of Concessionaire's Ground Lease. B) Indemnification IX. Fees The City and Addison shall stand indemnified by Concessionaire as herein provided. Concessionaire is and shall be deemed to be an independent contractor and operator .responsible to all parties for its acts or omissions, and City and Addison shall in no way be responsible therefor. Concessionaire covenants and agrees to indemnifY, hold harmless and defend City and Addison, their officers, agents, servants, and employees from and against any and all claims for damages or injury to persons or property arising out of or incident to the use of this Permit and Occupancy of the premises by Concessionaire its employees, patrons, contractors or subcontractors; and Concessionaire does hereby assume all liability and responsibility for injuries, claims or suits for damages to persons or property of whatsoever kind or character, whether real or asserted, occurring during the term of this Permit in connection with the use or occupancy of the premises by Concessionaire, its employees, patrons, contractors or subcontractors. Concessionaire shall indemnifY City and Addison against any and all mechanics and materialmen's liens or any other types ofliens imposed upon the premises demised hereunder arising as a result of Concessionaire's conduct or inactivity. Concessionaire shall promptly, after the execution of this permit, provide public liability insurance for personal injuries, including death, growing out of any one accident or other cause in a minimum sum of Five Million and Noll 00 Dollars ($5,000,000.00) for one person and Five Million and No/100 Dollars ($5,000,000.00) for two or more persons; shall provide property damage liability insurance in a minimum sum ofFive Million and No/100 Dollars ($5,000,000.00) for property damage growing out of any one accident or other cause. Concessionaire shall maintain said insurance with insurance underwriters authorized to do business in the State of Texas satisfactory to City. Concessionaire shall furnish City with a Certificate from the insurance carrier showing such insurance to be in full force and effect during the term of this permit, or shall deposit with City copies of said policies. Said policies or certificates shall contain a provision that written notice of cancellation shall contain a provision that written notice of cancellation or of any material change in said policy by the insurer shall be delivered to City at least thirty days in advance ofthe effective date thereof SELF SERVICE PUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 7 A) Fuel Flowage Fee As .consideration for this Permit for securing the right to dispense aircraft fuel, Concessionaire shall pay to City a Flowage Fee in an amount equal to fourteen and one-half cents ($0.145) for each gallon of aviation fuel received by Concessionaire during the term of this Permit. The City reserves the right to increase or decrease the Flowage Fee as, in its sole discretion, may be necessary. The Concessionaire shall be given 30 days' written notice prior to any change in the Flowage Fee becoming effective. Flowage Fee shall be paid in monthly installments as follows: On or before the tenth day of each calendar month during the term of this Permit beginning March I 0, 1991. Concessionaire shall pay to City a sum equal to the product of the applicable Fiowage Fee multiplied by the total amount of aviation fuel received on the Addison Airport by Concessionaire during the preceding full or .partial calendar month. Concurrent with its payment, Concessionaire shall prepare and deliver to City City a statement of the amount of fuel received, sold or dispensed during the preceding calendar month, certified to be correct by Concessionaire's authorized representative. Such statement shall be submitted on the form provided by City. Concessionaire shall keep at its facilities located at the airport a permanent accurate set of books and records of all aviation fuel received, sold or dispensed by it on the Airport, including sales slips, order records, records of transaction with suppliers, shipping records, records of fuel inventory, tax reports, bank records and any other records as may be needed to permit an effective audit of aviation fuel received, sold or dispensed by it. All such records shall be retained and preserved for at least 24 months after the end of the calendar year to which they relate and shall be subject to inspection and audit by City and its agent at all reasonable times. On or before the 60th day after the expiration of each calendar year and the 30th day after the expiration of termination of this Permit, Concessionaire shall deliver to City at its offices a statement sworn to by Concessionaire or Concessionaire's authorized representative and certified public accountant, showing the amount of aviation fuel received, sold or dispensed during the calendar year next preceding the date on which such statement is due. In the event any provision of this Permit or the enforcement thereof by City, requires accounting of the flowage fee and the payment thereof for a period less than 12 months, such shorter period shall be treated as one year for the purpose of an annual statement, and such statement shall be delivered to City within 30 days after termination of such shorter period. In the event City is not satisfied with any stat of aviation fuel received, sold or dispenses submitted by Concessionaire, City shall have the right to cause its auditors or auditors of its choosing to audit all books and records, wherever SELF SERVICE PUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 8 located, pertaining to the aviation fuel received, sold or dispensed in or from the Airport. If the amount of aviation fuel received, sold or dispenses reported in such statement or statements is determined to be understated more than two percent, the expense of such audit shall be borne by Concessionaire. Concessionaire shall promptly pay to City any deficiency, or City shall promptly refund to Concessionaire any overpayment, as the case may be, which is established by such audit. If Concessionaire fails to prepare and deliver promptly any monthly, annual or other statement required under this Permit, City may, in addition to exercising any of the remedfes provided to· City under this Permit, or at law, make an audit of all books and records, including Concessionaire's bank accounts, which in any way pertain to or show the aviation fuel received, sold or dispensed and to prepare the statement or statements which Concessionaire failed to prepare and deliver. Such audit shall be made and such statement or statements shall be prepared by a certified public accountant. The statement or statements so prepared, shall be conclusive on Concessionaire, and Concessionaire shall pay upon demand all expenses of the audit and other services. B) Annual Fee In addition to the fee provided for in paragraph A above, Concessionaire shall pay annually to City the sum of $1 SO. 00 to cover the cost of the annual inspection made by Town of Addison Fire Department. Such inspection fee shall be due and payable within ten days upon receipt of a statement from City. C) Payment Other remedies for nonpayment of flowage fee notwithstanding, if the monthly flowage fee payment is not received by the City on or before the tenth day of the month for which the flowage fee is due, a service charge of five percent (5%) of the past-due amount owed on such date shall become due and payable in addition to the regular flowage fee owed under this Permit. Additionally, if any sums due the City are not paid within ten (I 0) days after the due date thereof, the amount thus due shall bear interest from the due date at the rate often percent (10%) per annum until such amount is fully paid. X. Cancellation A) Cancellation by Concessionaire This Permit may be canceled by Concessionaire upon thirty days' written notice to the City, but only after all payments due have been paid. SELF SERVICE PUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 9 B) Cancellation by the City This Pennit shall be subject to cancellations by City in the event Concessionaire shall: I. Be in arrears in the payment of the whole or any part of the amount agreed upon for a period of ten days after the time such payments become due. 2. Make a general assignment for the benefit of creditors. 3. File a voluntary petition in bankruptcy. 4. Abandon the demised premises. 5. Discontinue fueling operations. 6. Fail to replace any improvements which have been destroyed by fire, explosions, etc., within six months from the date of such destruction, or 7. Default in the performance of any of the covenants and conditions required herein (except rental payments) to be kept and performed by Concessionaire and such default continues for a period of thirty days after receipt of a written notice from City of said default. 8. Default in the performance of any of the covenants required herein (except rental payments) to be kept and performed by Concessionaire and receipt of notice of such default on three occasions within any eighteen month period. C) In any of the aforesaid events, City may take immediate possession of the demised premises and remove Concessionaire's effects, forcibly, if necessary, without being deemed guilty oftrespassing. Upon said entry, this Pennit shall tenninate. All rental due shall be payable to said date oftennination. Failure ofthe City to declare the agreement tenninated upon the default of Concessionaire for any of the reasons set out shall not operate to bar or destroy the right of City to cancel the pennit by reason of any subsequent violation of the terms hereof. D) In the event oftennination or cancellation of this Pennit, no application for a new Pennit shall be made by Concessionaire or considered by the City for a period of one (I) year following termination or cancellation. SELF SERVICE PUBLIC AIRCRAFT FUELS DISPENSING PERMIT-PAGE 10 XI. Term of Permit Unless otherwise canceled or terminated in accordance with the provisions hereof, this Permit shall remain effective until (I) the termination or expiration (whichever occurs first) of that certain ground lease between the City and Addison as Lessor and as Lessee, dated the day of 19 or (ii) fifteen years from the date of execution of this Permit, whichever occurs first, following which termination or expiration this Permit shall be void and of no further force or effect. XII. Assignment Transfer or Subletting Without the written 􀁾􀀺􀁯􀁮􀁳􀁥􀁮􀁴􀀠of the City, Concessionaire shall not assign, sublet or transfer this permit nor any privileges herein contained. It is specifically stipulated and agreed that Concessionaire will not enter into any tie-in agreements with other operators or sublet any of the rights herein whereby other operators share in the privileges or the services authorized in this Agreement. The Concessionaire may contract with another firm to provide the on-field representative and emergency response personnel. The Concessionaire must keep the City and Addison informed of who their local agent is. If a local agent is not identified, fuel sales will cease until one is provided. XITI. Suspension of Lease During the time of war or national emergency, City shall have the right to lease the landing area or any part thereof to the United States Government for military use. If any such lease is executed, any provisions of Concessionaire's agreement which are inconsistent with the provisions of the lease to the Government will be suspended. XIV. Taxes Concessionaire agrees to pay any taxes or assignments which may be lawfully levied against Concessionaire's occupancy or use of the demised premises or any improvements placed thereon as a result of Concessionaire's occupancy. XV. Relocation ofimprovements City reserves the right, on six months' notice, to relocate or replace Concessionaire's tank farm improvements in substantially similar form at another generally comparable location on said Airport at the expense of the City. XVI. Subordination of Agreement This Permit shall be subordinate to the provisions of any existing or future agreement SELF SERVICE PUBLIC AIRCRAFT FUELS DISPENSING PERMIT-PAGE II between City and the United States relative to the operation or maintenance of the Airport, the execution of which has or 􀁾􀁡􀁹􀀠be required as a condition precedent to the expenditure ofF ederal funds for the development of the Airport, and this Permit shall be modified or amended at no cost or expense to the City or Addison as required in order to be consistent with any such agreement or agreements. This Permit shall be subject to such additional rules, regulations, ordinances or amendments hereto as may be promulgated by the City from time to time; provided no such changes, additions or amendments shall increase. XVII. This Permit shall become effective upon compliance with all of the terms and conditions contained herein as determined by the City. Executed this the. ___ _cday of _______ 􀁾􀀠19 __ _ TOWN OF ADDISON By: ____________ _ SELF SERVICE PUBLIC AIRCRAFT FUELS DISPENSING PERMIT-PAGE 12 CONCESSIONAIRE ADDISON AIRPORT May 7, 1998 Mr. John Baumgartner Public Works Department P.O. Box 144 Addison, Texas 75001 Re: Your Letter dated April27, 1998 regarding "Fuel Contamination" Dear John: This letter is in response to your letter mentioned above. AATI will continue our attempts to ensure that James Donaldson ("Cherry Air'') adheres to his lease obligations to AATI. However, I wanted to clarify several things mentioned in your letter. First, AA Tl is not, and has not been, in default of the Operating Agreement and the 1990 Agreement. In fact, AATI has fully complied with both agreements. As you know, upon AATI's receipt of two letters from the Town concerning fuel spills by Cherry Air, AATI promptly notified the tenant of the matters identified in the Town's letters and demanded the tenant to remedy those deficiencies. We have continued to insist that the tenant adhere to his obligations and to remedy the deficiencies. We have diligently monitored the tenant's compliance and the tenant has remedied many of the issues raised by the Town. In short, AATI's obligation is to insist that the tenant comply with its lease obligations and enforce the terms of the lease and we have clearly done so. Thus, your statement that AATI is somehow "in default" is entirely without any basis. Nevertheless, AATI has a goal, which it believes the Town also shares, to insure that the tenant meets its obligation. You and I have agreed to cooperate to see that the Cherry Air environmental problems are resolved by the tenant. You have assured me several times that the Town's goal is to remedy the problems created by Cherry Air and not to contend that AATI is in default and ahs failed to ADDISON AIRPORT OF TEXAS. INC. • 4505 CLAIRE CHENNAULT • DALLAS. TEXAS 75248 • 214/248·7733 FAX 214/248·2416 meet its obligations. On this basis, I will accept you and the Town at your word and we will proceed in accordance with your statements to me. Should my reliance on your statements not be appropriate, I would expect your courtesy in notifying me otherwise. Thank You. Sincerely, S-Sam Stuart President Addison Airport of Texas, Inc. 􀁑􀁳􀁩􀁯􀁳􀀬􀁾􀁥􀁶􀀠􀀰􀀲􀁾􀀺􀁾􀀠 􀀰􀀱􀁾􀂧􀁾􀀠􀁾􀁾􀁥􀂧􀁾􀁖􀁔􀁅􀁸􀁁􀁳􀀠 __ 85/!lS/1996 14: :36 917-4799871 ---ADDISON AVIA SVC LEAK TEC CORP Re: Sittl update, 15405 Addiaan Rd., Addison, Texas Dear Mr. Don;11dson. Pool Oftl:pect, this is only an outline of the major divisions of work. There are many steps within each of tl'lese major categories. Also, piaase be sware that weather or other unavoidable :lelays can occur, but we will strive to complete the wor1< as quickly aa possible. If you have any questions, please call at any time. Sincerely. ....a:;. ;:?if .'' ... ::skm enclosure OJ/27;98 16:4J . 83/27/1958 12:85 '-•. ---·--1. 2. 3. 4. 5. 6. 7. 8. 'a'972 J80 0046 817-47898'. ADD I SOX AVIA SVC LEAK EC CORP Sc:hedule ot Events Cherry Air Fuel Farm Site Investigation Preliminary Planning Soil Borinas Monitor Well Installation Preparation of Maps Preparation of Bore Logs Potemlal ReceClor Survey Prepare Summary Tables Report Preparation Total Estimated Time to Completion 3-5 davlyASAP 0 Please <:0n1ment 4584 Claire Chennault Road Dallas, Texi!S 75248 Fax (972) 380-0046 Phone {972) 248-1707 03/27/98 16:52 ,972 380 0046 --·· 􀀮􀁾􀁊􀁬􀁻􀁟􀁾􀀯􀁬􀁾􀀮􀀧􀀳􀁓􀀠___ l2: <15 817-4769671 Mr. Doug Boddie Cherry Air. In(;. 4584 Claire Chennault Dallas, Texae i'524B Re: Wo111 sche•dule at Cheny Air Fuel Farm Dear Mr. Boddie: ADDISON AVIA SVC LEAK TEC CORP 􀁾􀀰􀀰􀀲􀀠 􀁾􀁁􀁇􀁅􀀠 62 Po,t Offieft Bv,; 170968 AttiOQtOI'\, T11as 􀀷􀀶􀀰􀀰􀀳􀂷􀁾􀀸􀀠 (81 7) 572-0347 FAX (8171475-9871 Man:h 27, 1998 Enclosed ple&u;e find a schedule of events which outlines the major steps to be taken to complete the 􀁆􀁾􀁩􀁡􀁫􀀭􀁂􀁡􀁳􀁥􀁤􀀠Assessment at the.above mentioned location. As. you might .,.peel. tills is only an outline ofthe major divisions of work. There are many steps within 􀁥􀁾􀀱􀁣􀁨􀀠of these major categories. Also, please be aware that weatl\er or other unavoidable dtllaya can oc:eur, but we will strive to complete the work as 􀁾􀀺􀁾􀁵􀁩􀁣􀁫􀁬􀁹􀀠as possible. If you have ant questions, please call at any time. Sincerely. 􀁾􀁾􀁾􀀠 :akm enclosure 03/27198 16:52 􀀮􀁥􀀳􀁴􀀲􀁾􀀯􀀱􀀹􀀹􀁅􀁉􀀠 12:es '5'972 380 0046 Ell7-47S9871 ADDISON AVIA SVC LEAK TEl: CORP __ .. ------._ ... Schedule of Events Cherry Mr Fuel F11rrn Site ln ... estigation 1. Preliminary Planning-2. son BorinQ$ 3. Monitor Well Installation 4. Preparation of Maps 5. Preparation of Bore COgs 6. Potential Reeei!tor Survey 7. 􀁐􀁲􀁥􀁰􀁾􀁾􀁾􀀦􀀠SurnmaiYTables 3-5dav& 5-7dan s -1 days 2-3weeks 2-3weeks -4-5 days 1 week 6. Report Preplllralion 1-􀀱􀁾􀀠weeks 'rote! Estimated Time to Comoletion 45 days The above time frames do 1101 include weather or other unavoiCiable delays. 121003 .. , PUBLIC WORKS DEPARTMENT (972) 450-2871 􀁾􀁩􀀬􀀺􀀭􀀺􀀭􀀺􀀭􀀮􀀺􀀺􀀺􀀭􀁟􀀺􀀺􀁾􀀮􀀺􀀮􀀮􀀺􀀺􀁟􀀭􀀺􀀻􀀭􀁾􀁾􀂷􀀭􀀭􀀺􀀭􀁾􀀭􀀺􀀺􀀭􀀭􀀭􀀭􀀭􀂷􀂷􀂷􀂷􀀭 ® Post Office Box 144 Addison, Texas 75001 16801 Westgrove March 17, 1998 Mr. Sam Stuart Addison Airport of Texas, Inc. 4505 Claire Chennault Addison, Texas 75248 Re: Fuel Contamination Dear Sam: Certified Mail No. P 108 409 955 On January 28, 1998 we sent you a letter regarding the existence of fuel products around the Cherry Air fuel farm. Attached is a copy of the correspondence we have received from Cherry Air's consultant. On Friday, March 13, 1998 there was another report of free fuel product on the ground just west of the Cherry Air fuel facility. This appears to be a continuation of the same problem and we are concerned about the amount of time that has passed since our first request. I know you are as concerned as we are regarding the potential impact to the surrounding environment from fuel contamination. We respectfully request that this fueling problem be cleaned up as soon as possible and that the appropriate steps are taken to minimize the reoccurrence of any fuel contamination. We suggest the following action: 1 Removing the fuel contaminated soil near the water line. 2 Remove the source of contamination. 3 Immediate clean up of all fuel spilled on the surface. 4 Report the spill to the Texas Natural Resource Conservation Commission (TNRCC). 5 Contract with a qualified environmental consultant to prepare an assessment of the horizontal and vertical extent of contamination at the site in accordance with TNRCC rules and regulations. The assessment should include whether ground water has been affected. Prepare and implement a corrective action plan if required by TNRCC. 6 Furnish documentation that all technical deadlines required by Texas Administrative Code (TAC) Chapter 334, pertaining to leak detection and overfill protection, have been met. 7 Furnish the Addison Department of Public Works with a copy of all reports and correspondence regarding this matter. matter. Mr. Sam Stuart March 17,1998 Page Two 8 Provide evidence that the fuel farm will conform to the December 1998 petroleum storage tank upgrades mandated by the TNRCC/EP A. This letter is your formal notice as required under "Section 4-Upkeep of third Party Areas and Jet Port" of the "Agreement of Specification and Amendment to the Agreement for Operation of the Addison Airport between the City of Addison, Texas, and Addison Airport, Inc.," and "Section 9. Standards of Operation," "Section 16. Alteration, Construction by Company for Airport Purposes," "Section 21. Applicable Governmental Requirements," "Section 23. Federal Airport Aid," and "Section 29. Events of Default and Remedies of the "Agreement for Operation of the Addison Airport between the City of Addison, Texas and Addison Airport Inc." I trust we can work together to get this issue resolved quickly. Please call me at 450-2871 if you have any questions or need additional information. ',.1 ..,J .... ohn-6l'!f-.R-. 􀀭􀀭􀀺􀁂􀁯􀂣􀀭􀁡􀁾􀁥􀁲􀀬􀀠P ..E. Director of Public Works cc: Ken Dippel Ron Whitehead Attachment: Environmental Documentation provided by Leak-Tee Corporation (22 pages) TOWN OF ADDISON To: iau ·laj Otl\' _ 􀁾􀁊􀀠 . ! Company: 􀁏􀁥􀁢􀁮􀁤􀁴􀁾􀀠lNedoh, FAX#:01i!J J13-&ZIO Date: 3/U J q 0 I #of pages (including cover): /(o 0 Original in mail Comments: 0 Per your request PUBLIC WORKS From:'-.-}0 bh) BaLLni8o;-=tner Phone: 972/--4-BD -!J.Kll FAX: 972/450-2837 16801 􀁗􀀢􀁾􀁳􀁴􀁧􀁲􀁯􀁶􀁥􀀠 P.O. Box 144 Addison, TX 75001 0 FYI 0 Call me FUEL FARM DAILY INSPECTION As required by the Aircraft Fuels Dispensing Permits granted by the City of Addison, an Inspection of each fuel storage facility must be performed dally by the permittee with a copy of each Inspection form maintained on file for review by the fire department upon request. The purpose of this Inspection checklist Is to help Insure reasonable minimum fire safety In the operation of fuel storage facilities. These requirements are based upon sound engineering principles and field experience as established by the National-Fire Protection Association, Standard 407, and the Uniform Fire Code and Standards. \ COMPANY NAME __________________ __ ADDRESS ________________________ _ TYPE OF FUEL CAPACITY ----------------TYPE OF FUEL TYPE OF FUEL CAPACITY -----------------,------CAPACITY -------------------y N D D Is area free of accumulations of trash, debris and weeds or grass? D D Is area fenced and secured against unauthorized entry? PLACARDING: y N D D Is permittee's name posted? D D Emergency shut-off location D D Emergency shut-off operatlo!l (PUSH-PULL-BREAK GLASS?) D D Flammable/No Smoking Signs D D Types of Fuel, etc. D D Is fire extinguisher properly mounted and accessible? D D Does fire extinguisher have a current Inspection tag? D D Is fire extinguisher sealed? D D Is the extinguisher hose/nozzle free of obstructions? D D Are bonding/grounding cables In good repair? D D Do the fuel transfer hoses have any significant blistering, cuts, saturation or abrasions expos· lng reinforcing material? D D Do any connections leak? . D D Has· the Emergency shut-off device been operationally tested In 1he last 3 months? D D Do any electrical components Including motors, wiring, switches or conduit appear to be damaged? COMMENTS: ________________ 􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 Inspected by:------------------------------Date: FIRE DEPARTMENT Friday, March 06, 1998 To: Gordon C. Robbins, Deputy Fire Chief From: Mark A. Metdker, 􀁳􀀿􀀴􀁦􀁾􀁥􀀠Inspector Subject: Airport Questions (972) 450.7200 FAX (972) 450.7208 4798 Airport Parkway This morning I returned a call to Jay Lajone (214) 691-1776 ext. 225. Mr. Lajone is an attorney for Bennett and Weston law firm. He said he had a client that had obtained a piece of property not on the airport, but adjacent to it. He then asked what our requirements are for storing fuel. I told him the exempt amounts of airplane fuel is very small, 5 to 10 gallons. He stated his client would need to store more fuel than the exempt amounts. I told him either an above ground or below ground fuel storage tank would be necessary. He would also be required to furnished us with a site plan of the facility, with type and quantity of liquids to be stored. I also talked to Brandon Griese! of AATI. He asked if! would mail him a copy of the daily fuel farm inspection list. ADDISON AIRPORT NONPUBLIC AIRCRAFT FUELS DISPENSING PERMIT In consideration of a one time fee of$1,000.00 is hereby granted a NonPublic Aircraft Fuels Dispensing Permit from the City of Addison, Texas, subject to and upon the terms and conditions hereinafter set forth. I. Purpose A) These rules or procedure are established for the purpose of providing guidelines to be followed by parties conducting NonPublic Aircraft Fuels Dispensing Service (hereinafter "Permittees") on Addison Airport (the "Airport") which is owned by the City of Addison ("City") and operated by Addison Airport of Texas, Inc. ("Addison") pursuant to an Operating Agreement. B) All parties who dispense aircraft fuel on the Airport must hold a Fueling Dispensing Permit issued by the City. II. Restriction from Public Aircraft Fuels Dispensing Service Permittees holding NonPublic Aircraft Fuels Dispensing Permits shall be restricted from selling aircraft fuels to other airport users, including locally based and transient aircraft. Fueling of any aircraft not owned or leased by Permittee shall constitute a violation of the Fueling Concession Permit and, consequently, may call for immediate revocation of said Permit. Upon request by City, Permittee shall provide evidence of ownership or lease of any aircraft being fueled. III. Personnel. Personnel engaged in dispensing aircraft fuels shall be properly trained in fueling handling and associated safety procedures and shall in all fueling and plane handling operations conform to all of the best practices for such operations. Observation of practice to the contrary by the City and notification thereof to the Permittee will be the cause for re-evaluation of such personnel as qualified to perform the operation. Failure on the part of Permittee to correct malpractice of fueling and related safety procedures shall constitute a violation of the Fueling Concession Permit and consequently may call for revocation of said Permit. IV. Fuel Permittee shall provide aircraft fuel of the types required by those aircraft which NONPUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 1 Permittee serves and shall not fuel aircraft with fuels other than those approved by the aircraft engine manufacturers for the type and length of operations involved. Aviation fuels received, stored and dispensed shall conform to ASTM Standard D910 for AV-Gas and ASTM Standard D-1655 for Turbo fuel. No waivers shall be acceptable unless specifically approved for a short duration by City in WJjting following a request for a waiver in writing by Permittee. City shall be the sole judge of possible waiver of fuel standards in any short term emergency. Prior to issuance of this Permit, the prospective Permittee shall furnish a letter of Product Commitment, Allocation of Product and Certification of Compliance to the Fuel Specifications for the fuels to be dispensed from a supplier acceptable to City. Non periodic samples of fuel as received and fuels as dispensed may be required of the Permittee by City on a reasonable basis as determined by the City and Permittee will at no cost to City have a basic and or complete specification testing of such samples performed by laboratory testing service and the results of such testing will be transmitted to the airport in its original form by the testing service or Permittee. Such Laboratory Testing Service would preferably not be that of the supplier, however should the supplier's laboratory be almost singularly available such supplier's laboratory may perform the testing provided the sample is submitted "blind" and not singularly identifiable. V. Fueling Facilities A) Trucks 1.) Permittee shall furnish mobile dispensing single product trucks, at least two for each type fuel to be dispensed, each having a minimum capacity of 1, 000 gallons for A V Gas and 2, 000 gallons for Turbo fuel. In no instance shall any mobile dispensing truck exceed 2,500 gallon shell capacity. Separate filter or filter separator for equipment dispensing pumps, meters, bottom tank loading and grounding services for each type of fuel shall be required. Trucks shall be properly maintained, operated and and equipped in accordance with applicable Federal Aviation Administration, Airport and National Fire Protection Association recommendations, requirements and regulations. Aircraft refueller units shall be attended and operated only by persons instructed in methods of proper use and operations and who are qualified to use such refueller units in accordance with safety requirements. Each qualified operator shall be required to carry on his person an Identification Card issued by his employer certifying his qualifications. 2.) The Permittee shall not allow unlawful use of the equipment if defective and will operate the equipment in a safe, efficient, clean and as designed NONPUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 2 manner. 3.) Prior to the first use of a mobile dispensing truck on Addison Airport, the Pennittee shall present such truck for inspection and approval by City. City's approval is mandatory to the mobile dispensing trucks use or operation and such approval shall be by the City Fire Marshall or his designee. Periodically, Pennittee shall allow mechanical and dispensing system inspection of said trucks by City and shall cease operation of the trucks until any malfunction or discrepancy so noted is corrected to the satisfaction of City. Operation of mobile dispensing trucks with known mechanical or operational deficiencies shall constitute a violation of this Pennit and may cause immediate revocation thereof Pennittee shall make his own daily mobile dispensing truck inspection in accordance with the form furnished by City and shall maintain such inspection form for at least one year. These inspection files shall be available to City on request. Failure to make daily inspections of the mobile dispensing trucks or to maintain these inspection form files or make them available to City on request shall constitute a violation of this Pennit and may cause immediate revocation thereof B) Tank Farm 1.) For each grade of fuel, there must be installed a minimum of two (2) 12,000 gallon tanks .. Facilities for the bottom loading ofmobi1e dispensing trucks are required. Fuel storage tanks shall be underground and such installations shall be in the location approved by City in the designated fuel farm areas, which location is shown on Exhibit "A" hereto, and shall comply with applicable Uniform Building Code Standards, Fire Codes and Ordinances o( the City of City and Recommendations of the National Fire Protection Association. 2.) Fuel storage tanks shall comply with requirements set out by the Environmental Protection Agency and the Federal Aviation Administration. Detail plans and specifications for such tank farm installation shall be presented to City for approval 15 days prior to the anticipated date to commence construction of the facility. Facility construction shall not commence prior to approval by City. After completion of the fuel farm and before initial use City shall approve such installation. After the fuel farm is in operation, Pennittee shall allow City to make joint inspections ofthe facility in the manner of the Daily Inspection Record Forms to be furnished by City. Failure to (I) secure NONPUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 3 facility approval before use, (ii) allow joint inspection or (iii) correct any discrepancy in the condition of the fuel farm or the products stored therein shall constitute a violation of this Permit and may cause revocation thereof 3.) All construction of improvements on tank farm shall conform with any General Architectural Requirements of the City and shall be undertaken in accordance with local, state and federal codes, ordinances and regulations now or hereafter iil force and effect. Permittee shall, at its sole cost and expense, obtain all necessary building permits, and all labor and material bonds. Upon completion of construction, title to all such tank farm improvements shall vest in the City. 4.) Permittee shall, at its sole cost and expense, maintain fuel farm, all improvements thereon, and all appurtenances thereto, in a presentable condition consistent with good business practice and equal in appearance and character to other similar improvements on said Airport. Permittee shall make daily inspections of his portion ofthe fuel farm in accordance with the Form furnished by City and shall maintain a file of these inspections for at least one year. Permittee shall make records of receipt of fuels in accordance with Forms furnished by City and shall maintain a file of these receipt records for at least one year. Inspection and receipt records are to be made available on reasonable request from City. Failure to (I) inspect on a daily basis, (ii) make receipt records, (iii) maintain files of these records or (iv) make them available to City on request shall constitute a violation of this Permit and may cause revocation thereof Permittee shall perform whatever reasonable maintenance City deems necessary. If said maintenance is not undertaken by Permittee within ten days after receipt of written notice, Permittee shall be in default of this agreement, and operations shall cease until such maintenance and other requirements are undertaken and completed. Continued use of the equipment or facility after such such notice shall constitute a violation of this Permit and may cause immediate revocation thereof 5.) Permittee shall, in the event it shall become necessary to make physical changes on it's premises, promptly make such changes and installations at its sole expense. Such changes shall be approved by the City. 6.) Permittee shall assume and pay for all costs or charges for utility services furnished to Permittee during the term of this Permit; provided, however, NONPUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 4 that Permittee shall have the right to connect to any and all storm and sanitary sewers and utility outlets at its own expense; and Permittee shall pay for any and all service charges incurred therefor. 7 _) Trash. Garbage_ Inc_ Permittee shall provide a complete and proper arrangement for the adequate handling and disposal, away from the Airport, of all trash, garbage and other refuse generated as a result of the operation of its tank farm_ Permittee shall provide and use suitable covered metal receptacles for all such garbage, trash and other refuse_ Piling of boxes, cartons, barrels or other similar items, in an unsightly or unsafe manner, on or about the demised premises, shall not be permitted_ Vl Insurance and Indemnification A) Fire Insurance Insurance shall be maintained by Permittee in accordance with the provisions of Permittee's Ground Lease_ B) Indemnification The City and Addison shall stand indemnified by Permittee as herein provided_ Permittee is and shall be deemed to be an independent contractor and operator responsible to all parties for its acts or omissions, and City and Addison shall in no way be responsible therefor. Permittee covenants and agrees to indemnify, hold harmless and defend City and Addison, their officers, agents, servants, and employees from and against any and all claims for damages or injury to persons or property arising out of or incident to the use of this Permit and Occupancy of the premises by Permittee its employees, patrons, contractors or subcontractors; and Permittee does hereby assume all liability and responsibility for injuries, claims or suits for damages to persons or property of whatsoever kind or character, whether real or asserted, occurring during the term of this Permit in connection with the use or occupancy of the premises by Permittee, its employees, patrons, contractors or subcontractors_ Permittee shall indemnify City and Addison against any and all mechanics and materialmen's liens or any other types ofliens imposed upon the premises demised hereunder arising as a result of Permittee's conduct or inactivity_ Permittee shall promptly, after the execution of this permit, provide public NONPUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 5 VII. Fees liability insurance for personal injuries, including death, growing out of any one accident or other cause in a minimum sum of Five Million and No/100 Dollars ($5,000,000.00) for one person and Five Million and No/100 Dollars ($5,000,000.00) for two or more persons; shall provide property damage liability insurance in a minimum sum ofFive Million and No/100 Dollars ($5,000,000.00) for property damage growing out of any one accident or other cause. Permittee shall maintain said insurance with insurance underwriters authorized to do business in the State of Texas satisfactory to City. Permittee shall furnish City with a Certificate from the insurance carrier showing such insurance to be in full force and effect during the term of this permit, or shall deposit with City copies of said policies. Said policies or certificates shall contain a provision that written notice of cancellation shall contain a provision that written notice of cancellation or of any material change in said policy by the insurer insurer shall be delivered to City at least thirty days in advance of the effective date thereof A) Fuel Flowage Fee As consideration for this Permit for securing the right to dispense aircraft fuel, Permittee shall pay to City a Flowage Fee in an amount equal to fourteen and onehalf cents ($0.145) for each gallon of aviation fuel received by Permittee during the term of this Permit. The City reserves the right to increase or decrease the Flowage Fee as, in its sole discretion, may be necessary. The Permittee shall be given 30 days' written notice prior to any change in the Flowage Fee becoming effective. Flowage Fee shall be paid in monthly installments as follows: On or before the tenth day of each calendar month during the term of this Permit beginning the 1Oth day of the month after this Permit is issued, Permittee shall pay to City a sum equal to the product of the applicable Flowage Fee multiplied by the total amount of aviation fuel received on the Addison Airport by Permittee during the preceding full or partial calendar month. Concurrent with its payment, Permittee shall prepare and deliver to City a statement of the amount of fuel received, sold or dispensed during the preceding calendar month, certified to be correct by Permittee's authorized representative. Such statement shall be submitted on the form provided by City. Permittee shall keep at its facilities located at the airport a permanent accurate set of books and records of all aviation fuel received, sold or dispensed by it on the Airport, including sales slips, order records, records of transaction with suppliers, shipping records, records of fuel inventory, tax reports, bank records and any NONPUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 6 other records as may be needed to permit an effective audit of aviation fuel received, sold or dispensed by it. All such records shall be retained and preserved for at least 24 months after the end of the calendar year to which they relate and shall be subject to inspection and audit by City and its agent at all reasonable times. On or before the 60th day after the expiration of each calendar year and the 30th day after the expiration of termination of this Permit, Permittee shall deliver to City at its offices a statement sworn to by Permittee or Permittee's authorized representative and certified to be correct by an independent certified public accountant, showing the amount of aviation fuel received, sold or dispensed during the calendar year next preceding the date on which such statement is due. In the event any provision of this Permit or the enforcement thereof by City, requires accounting of the flowage fee and the payment thereoffor a period less than 12 months, such shorter period shall be treated treated as one year for the purpose of an annual statement, and such statement shall be delivered to City within 30 days after termination of such shorter period. In the event City is not satisfied with any statement of aviation fuel received, sold or dispenses submitted by Permittee, City shall have the right to cause its auditors or auditors of its choosing to audit all books and records, wherever located, pertaining to the aviation fuel received, sold or dispensed in or from the Airport. If the amount of aviation fuel received, sold or dispenses reported in such statement or statements is determined to be understated more than two percent, the expense of such audit shall be borne by Permittee. Permittee shall promptly pay to City any deficiency, or City shall promptly refund to Permittee any overpayment, as the case may be, which is established by such audit. If Permittee fails to prepare and deliver promptly any monthly, annual or other statement required under this Permit, City may, in addition to exercising any of the remedies provided to City under this Permit, or at law, make an audit of all books and records, including Permittee's bank accounts, which in any way pertain to or show the aviation fuel received, sold or dispensed and to prepare the statement or statements which Permittee failed to prepare and deliver. Such audit shall be made and such statement or statements shall be prepared by a certified public accountant. The statement or statements so prepared, shall be conclusive on Permittee, and Permittee shall pay upon demand all expenses of the audit and other services. B) Annual Fee In addition to the fee provided for in paragraph A above, Permittee shall pay annually to City the sum of $1 SO. 00 to cover the sot of the annual inspection NONPUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 7 made by Town of Addison Fire Department. Such inspection fee shall be due and payable within ten days upon receipt of a statement from City. C) Payment Other remedies for nonpayment of flowage fee notwithstanding, if the monthly flowage fee payment is not received by the City on or before the tenth day of the month for which the flowage fee is due, a service charge of five percent ( 5%) of the past-due amount owed on such date shall become due and payable in addition to the regular flowage fee owed under this Pennit. Additionally, if any sums due the City are not paid within ten (1 0) days afler the due date thereof, the amount thus due shall bear interest from the due date at the rate often percent (10%) per annum until such amount is fully paid. VIII. Cancellation A) Cancellation by Pennittee This Pennit may be canceled by Pennittee upon thirty days' written notice to the City, but only afler all payments due have been paid. B) Cancellation by the City This Pennit shall be subject to cancellations by City City in the event Pennittee shall: 1. Be in arrears in the payment of the whole or any part of the amount agreed upon for a period often days afler the time such payments become due; 2. Make a general assignment for the benefit of creditors; 3. File a voluntary petition in bankruptcy; 4. Abandon the demised premises; 5. Discontinue fueling operations; 6. Fail to replace any improvements which have been destroyed by fire, explosions, etc., within six months from the date of such destruction; 7. Default in the performance of any of the covenants and conditions required herein (except rental payments) to be kept and perfonried by Pennittee and such default continues for a period of thirty days after receipt of a written notice from City of said default; or NONPUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 8 8. Default in the performance of any of the covenants required herein (except rental payments) to be kept and performed by Permittee and receipt of notice of such default on three occasions within any eighteen month period. In any of the aforesaid events, City may take immediate possession of the demised premises and remove Permittee's effects, forcibly, if necessary, without being deemed guilty oftrespassing. Upon said entry, this Permit shall terminate. All rental due shall be payable to said date of termination. Failure of the City to declare the agreement terminated upon the default of Permittee for any of the reasons set out shall not operate to bar or destroy the right of City to cancel the permit by reason of any subsequent violation of the terms hereof IX. Term of Permit Unless otherwise canceled or terminated in accordance with the provisions hereof, this Permit shall remain effective until (I) the termination or expiration (whichever occurs first) of that certain ground lease between the City and Addison as Lessor and as Lessee, dated the day of 19 or (ii) fifteen years from the date of execution of this Permit, whichever occurs first, following which termination or expiration this Permit shall be void and of no further force or effect. X. Assignment, Transfer or Subletting Without the written consent of the City, Permittee shall not assign, sublet or transfer this permit nor any privileges herein contained. It is specifically stipulated and agreed that Permittee will not enter into any tie-in agreements with other operators or sublet any of the rights herein whereby other operators share in the privileges or the services authorized in this Agreement. XI. Suspension of Lease During the time of war or national emergency, City shall have the right to lease the landing area or any part thereof to the United States Government for military use. If any such lease is executed, any provisions of Permittee's agreement which are inconsistent with the provisions of the lease to the Government will be suspended. suspended. XII. Taxes Permittee agrees to pay any taxes or assignments which may be lawfully levied against NONPUBLIC AIRCRAFT FUELS DISPENSING PERMIT -PAGE 9 Permittee's occupancy or use of the demised premises or any improvements placed thereon as a result of Permittee's occupancy. XIII. Relocation oflmprovements City reserves the right, on six months' notice, to relocate or replace Permittee's tank farm improvements in substantially similar form at another generally comparable location on said Airport at the expense of the City. XIV. Subordination of Agreement This Permit shall be subordinate to the provisions of any existing or future agreement between City and the United States relative to the operation or maintenance of the Airport, the execution of which has or may be required as a condition precedent to the expenditure of Federal funds for the development of the Airport, and this Permit shall be modified or amended at no cost or expense to the City or Addison as required in order to be consistent with any such agreement or agreements. This Permit shall be subject to such additional rules, regulations, ordinances or amendments hereto as may be promulgated by the City from time to time; provided no such changes, additions or amendments shall increase. XV. This Permit shall become effective upon compliance with all of the terms and conditions contained herein as determined by the City. Executed this the ___ d.ay of _______ _, 19 _ _ NONPUBLIC AIRCRAFT FUELS DISPENSING PERMIT-PAGE 10 TOWN OF ADDISON By: ____________ _ Permittee ·">! -.,. RE• 􀁾􀁴􀁜􀁓􀁅􀀠DETER.!\flNATION REPORT FORW Owners and operators must report releases by phone to the appropriate TNRCC Region Office within 24 hours of confirmation. The owner and operator should use this form to comply with the reporting requirements in Title 30, Texas Administrative Code §334.77(b). Submit the completed form within 20 days after release confirmation. EXCEPT IN EMERGENCIES, THE TNRCC WILL INITIATE ACTION ON THIS CASE ONLY WHEN THE COMPLETED FORM (pages 6 through 15) IS SUBMITTED WITH ATTACHMENTS TO BOTH THE APPROPRIATE TNRCC REGIONAL OFFICE AND TO THE CENTRAL OFFICE IN AUSTIN (PST Division, MC 137, P.O. Box 13087, Austin, Texas 78711). DO NOT MODIFY TillS FORM IN ANY WAY. Complete all applicable blanks. Incomplete forms will be returned without review. All proposals for the next appropriate corrective action activity must be submitted by a CAS and PM in the format outlined in the guidance document entitled Preapprovalfor Corrective Action Activities (RG-111). SUMMARY Based on the information obtained during this release determination and by comparing the contaminant levels to the stated action levels, check one of these four items as appropriate: D This was a suspected release. No contamination was detected due to this suspected release. Iii! This site is an LPST site. Contaminant levels exceed action levels (or one of the other criteria applies). D This site is not an LPST site. Contaminant levels do not exceed action levels (and none of the other criteria applies). D This site is not an LPST site. No contamination was detected (and none of the other criteria applies). IF THIS SITE IS AN LPST SITE, COMPLETE THE REMAINDER OF THIS FORM (except Section B). If this site is not an LPST site, stop here and complete Sections A, C, and G (and Section B if applicable) of the attached form. D Check here if this site is an existing LPST case and this Release Determination Report is being submitted only as the tank removal-from-service documentation. Answer the following questions in this Summary Section if this is an LPST case and if the CAS and PM sign the form in Section G. This section is to be completed by a CAS and PM only. If the form is completed by someone other than a CAS and PM, leave the rest of this Summary Section blank and go to Section A. Is this case eligible for reimbursement of necessary corrective actions? D YES 0 NO If not, appropriate corrective action in accordance with applicable rules and guidance may continue without specific direction or approval from the PST Division, however, coordination with the PST Division is recommended. If the 'site is eligible for reimbursement, all corrective action activities, with the exception of NAPL recovery and emergency abatement activities, must be preapproved prior to initiation. The next appropriate step for this site, if it is an LPST site, is (check one only): D Case closure If checked, attach Site Closure Request Form (TNRCC-0028). Please be sure the site meets all requirements for closure prior to submitting the Site Closure Request Form. Are there costs associated with case closure? DYES D NO If YES, and if the site is eligible for reimbursement, attach a cost proposal and workplan with the Site Closure Request Form. D Risk-Based Assessment The risk-based assessment is needed only when the existing assessment data is not an adequate basis for site closure. Please critically evaluate the need for additional assessment before selecting this option. Refer to pamphlet RG-175 for guidance on conducting the risk-based assessment. Attach a detailed workplan and proposal if the site is eligible for reimbursement. A proposal must be submitted with this form if the RP is financially able to undertake necessary corrective actions. D Corrective action other than risk-based assessment Attach a detailed workplan and proposal if the site is eligible for reimbursement and the RP is fmancially able to undertake necessary corrective actions. Is the responsible party financially able to complete the next appropriate step? 0 YES 0 NO If Yes, attach proposal as specified above. If No, contact the PST Division at 512/239-2200 to request information on the State-Lead option. Financial ability determination forms must be completed and submitted to document that the RP is fmancially unable to continue necessary corrective actions. TNRCC-0621 (8-1-96) Page 6 of 16 ' A. GENERAL INFORMATION I LPSTID No.: 112934 TNRCC Region: 04 Priority: 4.1 (If known) (see pages 13-15) Facility ID No.: 0050235 Required unless one of the following applies: 0 Check here if tank registration is not required for this site (per 30 TAC §334.7), and check one ofthe following as applicable: 0 the tank(s) are partially excluded or exempted from jurisdiction under 30 TAC Chapter 334. Specify type or usage of tank(s):_ 0 these tanks were permanently removed from the ground before May 8, 1986 (provide date of removal \; 0 these tanks remained in the ground but were emptied, cleaned, and filled with inert substance before January I, 1974 (provide date of activities: \; 0 these tanks were out of operation, their existence was unknown, and they were permanently removed from service within 60 days of their discovery (provide date of discovery: . Provide method of discovery: \ Prior to this investigation, was this site ever an LPST site? 0 YES or lKI NO If yes, provide LPST JD number: Tank Owner: Addison Aviation I Chem Air Tank Owner Mailing Address: 4584 Claire Chennault Tank Owner City: Addison State: TX Zip: 75248 Tank Owner Contact Person: Mr. Doug Boddie Phone: 972/380.fJ737 Fax no.: 972/380.fJ046 Tank Onerator (if different from tank owner): Tank Ooerator Mailina Address: Tank Ooerator City: State: Zip: Tank Operator Contact Person: Phone: Fax no.: Land Owner (if different from tank owner and ooerator): Town of Addison Land Owner Mallin• Address: P.O. Box 9010 Land Owner City: Addison State: TX Zio: 75001 Land Owner Contact Person: John Baumgartner Phone: 9721450-2886 􀁆􀁡􀁾􀀠no.: If this site is an LPST site, which of these parties will oversee the corrective actions at this site? I!Q Tank Owner 0 Tank Operator OLand Owner 0 Other (not the contractor or consultant): Name: Address: City: State: Zip: Contact person: Phone: Fax: A representative of the party overseeing the corrective action must sign this form in Section G. Please note that no matter which party conducts corrective action, the tank owner and the tank ooerator are jointly resoonsible for the necessary corrective actions. Facility Name: Cherrv Air Fuel Farm Facility Physical Address: 15405 Addison Rd. Facility City: Addison County: Dallas County Code (seep. 16): 057 INDICATE TYPE OF RELEASE: (check one) 0 Suspected 0 Confirmed but below action levels (not an LPST site) 1!9 Confurned and above action levels (LPST site) 0 No evidence of contamination (all results below detection limits) Pkase refer to flowchart and Title 30 Texas Administrative Code, §334.71-334.77 for descriotions and orocedures for suspected and confirmed releases. TNRCC-0621 (8-1-96) Page 7 of 16 A. GENERAL INFORMATION D Were copies of this COMPLETED form (excluding pages I through 5) and appropriate attachments, including a propcsal (if RP is financially able), sent to both the TNRCC Central Office and to the Region Office? " YES D NO (IF COPIES ARE NOT SENT TO BOTH OFFICES, THIS DOCUMENT WILL BE RE11JRNED WITHOUT REVIEW). Indicate number of tanks currently and formerly located at this site (attach pages as necessary): Tvoe CUST/ASTI Product T)'Jle Size (aggrox. gal) Current: UST JP4 12 ()()() UST JP4 12 ()()() Date Removed from Service Former: B. SUSPECTED RELEASE INFORMATION Complete only this section and sections E through Gas appropriate when the situation of a suspected release has occurred and it was documented that a release had not occurred. Date suspected release discovered: Reason release suspected: Date suspected release reported to TNRCC: Reported to: Possible source(s) of release: (check all that apply) Tanks: DUSTs D ASTs DPiping D Overfills/spills DUnknown D Other: Type of substance(s) suspected released: (check all that apply) D Gasoline D Diesel DUsedOil D Aviation Gasoline D Jet Fuel (type: ) D Alcohol-blended fuel (fype and 􀁰􀁥􀁾􀀼􀁥􀁮􀁴􀁡􀁧􀁥􀀠of alcohol: ) D Other: (be specific) Were UST/AST system tank and/or line tightness tests performed? DYES or D NO (check one) If yes, attach test data and results. Did the tests indicate that all tanks and piping were tight? DYES or D NO (check one) If No, specifY the portion of the tank system(s) that were found not to be tight: Were any repairs conducted on the tank system(s)? DYES or D NO (check one) If yes, describe type(s) and location of repairs: Were tightness tests performed after repairs were conducted? DYES or D NO (check one) If yes, attach test data and results. Did the tests indicate that the repaired items were tight? DYES or D NO IfNo, specifY the portion of the tank system(s) that were found not to be tight: Were any soil confmnation samples collected? DYES or D NO (check one) If yes, were all potential source areas investigated? D YES or D NO If samples were collected, attach descriptions of sample locations, collection methods, and laboratory results. Were any groundwater confmnation samples collected? DYES or D NO (check one) If yes, were all potential source areas investigated? D YES or D NO If samples were collected, attach descriptions of sample locations, collection methods, aquifer name, and laboratory results. (Groundwater sampling is not required at this point unless there is reasonable suspicion of impact.) TNRCC-0621 (8-1-96) Page 8 of 16 -(_ C>NFIRMED RELEASE INFORMATION Complete this section only if a release was confirmed. Date release conftrmed: 1128/98 Date release reported to TNRCC: 1128/98 Reported to: Lonnie 􀁇􀁩􀁬􀁬􀁥􀁾􀀯􀁒􀁥 􀁧􀁩􀁯􀁮􀀠4 Is this the frrst release from a UST or AST discovered at this site? I&JYES ONO Is there any other contamination or potential impacts to human health from any source other than the tank systems at this site? DYES IZINO If yes, indicate type and location of contamination: Reported to TNRCC by: Site Visit 􀁢􀁾􀀠Lonnie 􀁇􀁩􀁬􀁬􀁥􀁾􀀠 Representing: TNRCC-Rea ion 4 Method of release discovery: D Samples collected during tank removal-from-service activities 0 Impact to utility line 0 Samples collected during other tank system construction activities 0 Impact to surface water 0 Samples collected during release detennination investigation 0 Impact to water well 119 Other: See attached LPST Case Incident Report Method of release conftrmation: (check all that apply) D Soil samples 0 Groundwater samples 0 Surface water samples IKI Documentation of presence ofNAPL Source(s) of release: (check all that apply) Tanks: OUSTs DASTs 0 Piping 119 Overfills/spills DUnknown D Other: Substance(s) released: (check all that apply) 0 Gasoline ODiesel OUsed Oil 0 Aviation Gasoline D Alcohol-blended fuel (Type and percentage of alcohol: ) !9 Jet Fuel (type: JP-4 ) 0 Other: (be specific) Amount of product released: Chemical Abstnact Service registry#: (for hazardous substances) Were any soil conftrmation samples collected? IKI YES or 0 NO (check one) If yes, attach descriptions of sample locations, collection methods and laboratory results. Type of native soil: (check one) 119 Clay or silt . 0 Sand, gravel or rock Were any groundwater conftrmation samples collected? 0 YES or l!IJ NO (check one) If yes, attach descriptions of sample locations, collection methods, aquifer name, and laboratory results. Known Impact(s): (check all that apply) ll'J Soil ll'J GW 0 Surface Water 0 Subsurface Utilities-type: D Buildings 0 Water wells 0 Other sensitive receptors: Was the land owner (if different from the tank owner) notified of the contamination? 0 YES or 0 NO (check one) If Yes, attach copy of the letter which provided the notification. IfNo, documentation that notification was provided must be submitted within 30 days from the date the impact is discovered. Possibly Threatened: (check all that apply) llil GW 0 Surface Water ll'J Subsurface Utilities-type: Water line -D Buildings 0 Water wells 0 Other sensitive receptors: Was NAPL detected (greater than 0.01 feet)? I8J YES or 0 NO (check one) If yes, describe how and where it was detected, the thickness detected,_ and the recovery actions taken: Free .Qroduct >0.01 feet observed in excavation 􀁡􀁭􀀻􀁾􀁲􀁯􀁸􀁩􀁭􀁡􀁴􀁥􀁬􀁶􀀠75' southwest of source installed by utility crews. Degth aggroximately 1/4". RP is removing groduct. TNRCC-0621 (8-1-96) Page 9 of 16 I ,, D. ABATEMENT MEASURES Were abatement measures initiated to stop the release or to recover the released substance? 1&1 YES or D NO (check one) If yes, describe the abatement and/or recovery measures taken and the dates and duration of the activities: RP has started g:roduct recove!:Y. Were UST/AST system tank and/or line tightness tests performed? 1!>1 YES or D NO (check one) If yes, attach test results. Did the tests indicate that all tanks and piping were tight? ID YES or D NO IfNo, specify the portion of the tank system(s) that were found not to be tight: Were any repairs conducted on the tank system(s)? DYES or iCl NO (check one) If yes, describe type(s) and location of repairs: Were tightness tests performed after repairs were conducted? DYES or D NO (check one) If yes, attach test results. N/A Did the tests indicate that the repaired items were tight? DYES or D NO If No, specify the portion of the tank system(s) that were found not to be tight: E. FIRE/OTHER OFFICIALS Were any other officials notified? DYES D NO (check one) If Yes, indicate: Name Representing Phone number Date(s) Notified Bob Wallingford Addison Fire Degt. 972/450-7203 1/28/98 John Baumgartner Addison Public Works 972/450-2886 1/28/98 Sam Stuart Addison Aimort 972/248-7733 1/28/98 Were any directives issued by the tire or other officials? DYES D NO If Yes, describe directives and actions taken in response to the directive: Removal of free product (ongoine.) and assessment of extent of contamination F. WASTE DISPOSITION Indicate the status of all wastes and other materials generated: Type of waste (soil. water. product) Quantity Current 􀁬􀁯􀁣􀁡􀁾􀁯􀁮􀀠 Product TNRCC-0621 (8-1-96) Unknown at this time RPSite Method and location of disgosal or treatnnent To be disgosed of by RP Page 10 of 16 I I G. REPORT PREPARATION A Licensed On-Site Supervisor may complete and sign this form when the supervisor is acting in an approved capacity for tank removal· from-service or tank system repair activities. Licensed On-Site Supervisor: James Taylor ILP Reg. No.: 000670 Exp. Date:. _,_l/2""'3'-'19,9c_ ____ _ Company: Leak-Tee Cornoration Telephone No.:. __ _,8"-17L!./,_57'-'2,:,-0,3"'4 .L7 ______ FAX No.: _ -"-8'-'17'.!.:/4!.17C!!8::;-9028.L71'--------------Based on the results of the site investigation and the additional infonnation presented herein, I certify that the site investigation activities performed either by me, or under my direct supervision, including subcontracted work, were conducted in accordance with accepted industry standards/practices and further, that all such tasks were conducted in compliance with applicable TNRCC published rules, guidelines and the laws of the State of Texas. I have reviewed the information included within this report, and consider it to be complete, accurate and representative of the conditions discovered during the site investigation. I acknowledge that if I intentionally or knowingly make false statements, representations, or certifications in this report, I may be subject to administrative, civil, anjlor criminal penalties. /_ _;:> Signature: .-/th rlM 􀀯􀁲􀁣􀁾􀁫􀀠 􀁄􀁡􀁴􀁥􀀺􀁟􀀭􀀢􀀧􀁣􀁩􀁾􀀭􀀧􀀭􀀢􀀧􀁣􀂧􀀢􀀧􀀭􀀧􀀭􀀧􀁦􀁟􀀭􀁾􀀹􀀧􀀭􀀧􀀧􀀸􀀧􀀭􀀧􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 􀁾􀁾􀁥􀁣􀁴􀀠M.t:. /PM Reg. No.: Exp. Date: ___________ _ Company:. _____________________________________ ___________________________________________ __ TelephoneNo.: _______________ FAXNo.: __________________ _ Based on the results of the site investigation and the additional infonnation presented herein, I certify that the site investigation activities perfonned either by me, or under my direct supervision, including subcontracted work, were conducted in accordance with accepted industry srandards/practices and further, that all such tasks were conducted in compliance with applicable TNRCC published rules, guidelines and lhe laws of the State of Texas. I have reviewed the infonnation included within this report, and consider it to be complete, accurate and representative of the conditions discovered during the site investigation. I acknowledge that if I intentionally or knowingly make false statements, representations, or certifications in this report, I may be subject to administrative, civil, and/or criminal penalties. PM Signature: _________________________ Date: _____________ _ AND CAS Representative: _____________ CAS Reg No.: _______ Exp. Date:. _______ _ Company=---------------------------------------------------------------------------------Telephone No.:. ___________________ FAX No.: ______________ _ By my signature affixed below, I certify that I am the duly authorized representative of the Correction Action Specialist named and that I have personally reviewed the site investigation results and other relevant infonnation presented herein and considered them to be in accordance with accepted standards/practices and in compliance with the applicable TNRCC published rules, guidelines and the laws of the State of Texas. Further, that the information presented herein is considered complete, accurate and representative of the conditions discovered during the site investigation. I acknowledge that if I intentionally or knowingly make false statements, representations, or certifications in this report, I may be subject to administrative, civil, and/or criminal penalties. Signature of CAS Representative: Date: If the CAS or On-Site Supervisor does not complete and sign this form, provide the following information on the person who has prepared the form: Name:_...,.,. _____________ Company:.""C":" __________________ _ Telephone No.: FAX No.:. ___________________ _ Signature: Date: Name of Tank Owner or Operator contact: ______ -:::-:-::-:::-----------------------Telephone No.: _____________ FAX No.: _____________ :__ ___ _ By my signature affixed below, I certify that I have reviewed this report for accuracy and completeness of information regarding points of contact and the facility and storage tank system history and status. I acknowledge that if I intentionally or knowingly make false statements, representations, or certifications in this report related to the contact information, and the facility and storage tank system history and status information, I may he subject to administrative, civil, and/or criminal penalties. I attest that I have reviewed this report for accuracy jd 􀁣􀁡􀁭􀁰􀁾􀀠I understand th:a.responsible for addressing this matter. Signature: 􀁾􀁾􀀼􀀡􀀠£r.. /Date: 􀁾􀀠-􀁾􀀠• 9 􀁾􀀠 TNRCC-0621 ·1-96) Page 11 of 16 ST CASE PRIORITIZATION The actions listed for each priority serve as a guide to assist the tank owner and operator in determining appropriate actions based on site conditions. Preapproval for corrective action activities should be obtained for sites eligible for reimbursement. Please refer to the applicable rules in Title 30, Texas Administrative Code, §334.72-334.81 and other TNRCC for more detailed information. 􀁾􀁾􀀭 == Is NAPL (free product) present? 0 yes 0 no Utilize all known information on site soils, vapors, groundwater, surface water, and other impacts and mark all boxes which match site conditions. The lowest value is the site priority. If the answers to any statements are unknown, additional assessment, usually in the fonn of a Risk-Based Assessment (RBA), should be completed. PRIORITY ACTIONS 01.1 Explosive levels, or concentrations of vapors that could cause Emergency Actions: Notify appropriate authorities, property acute health effects are present in a residence or other building. owners, and potentially affected parties. Mitigate vapor impact. (If yes, ensure the local fire authority or State Fire Marshal Additional Actions: Conduct receptor survey. Conduct (5121918-7100) and the local TNRCC Region Office have assessment of contaminant plumes. Detennine target cleanup been notified.) levels. Conduct remediation as necessary. 0 1.2 An active public water supply well, public water supply line, Emergency Actions: Notify appropriate authorities, well or public surface water intake is impacted or immediately users, and property 0\\ners. Prevent further migration. threatened by the release. (If yes, ensure the public authority Mitigate impact. Discontinue use of water supply. and the local TNRCC Region Office have been notified.) Additional Actions: Provide alternative water source*. Conduct receptor survey. Conduct assessment of contaminant plumes in relation to water supply impact. Detennine target cleanup levels. Conduct remediation as necessary. 01.3 A sole-source domestic water supply well or line, or sole-Emergency Actions: Notify appropriate authorities, well source domestic surface water intake is impacted or users, and property owners. Prevent further migration. immediately threatened by the release. (Ensure the well user or Mitigate impact Discontinue use of water supply. surface water user and the local TNRCC Region Office have Additional Actions: Provide alternative water source*. been notified.) Conduct receptor survey. Conduct assessment of contaminant plumes in relation to water supply impact. Detennine target cleanup levels. Conduct remediation as necessary. 01.4 Explosive vapors are present ina subsurface utility system, but Emergency Actions: Notify appropriate authorities, property no building or residence is impacted. (Ensure the utility owners, and affected parties. Mitigate vapor impact. authority and the local TNRCC Region Office have been Additional Actions: Conduct receptor survey. Conduct notified.) assessment of contaminant plumes. Detennine target cleanup levels. Conduct remediation as necessary. 01.5 NAPL is present at the ground surface, on surface water Emergency Actions: Notify appropriate authorities, property bodies, surface water runoff. or in utilities other than water owners, and affected parties. Secure area supply lines. (Ensure the utility authority is notified if utilities Additional Actions: Conduct free product removal activities. are affected. Ensure free product removal actions are Prevent migration of free product. Conduct assessment in implemented as required pursuant to 30 TAC 334.79.) relation to impact. Conduct receptor survey. Determine target cleanup levels. Conduct remediation as necessary. 0 1.6 The Edwards aquifer, recharge zone or transition zone is Emergency Actions: Recover free product if present impacted. Additional Actions: Initiate assessment activities. Conduct assessment in relation to impact. Conduct receptor survey. Detennine target cleanup levels. Conduct remediation as necessary. Detennine if free product is present and, if so, conduct free product removal activities. 0 1.7 Ambient outdoor vapor/particulate concentrations exceed Emergency Actions: Notify appropriate authorities, property concentrntions of concern from an acute exposure, or safety owners, and affected pilrties. Mitigate immediate impacts. viewpoint. Additional Actions: Conduct sufficient assessment to detennine exposure pathways, receptor types and locations, and target cleanup goals. Determine if free product is present and, if so, conduct free product removal activities. *Reimbursement for provision of alternative water supply is contingent upon 30 TAC 334.308 (c)(3). TNRCC-0621 (8-1-96) Page 13 of 16 ···········•··r·••••·•••••••·••·•·•·•·••.l PRIORilY ACTIONS 0 2.1 Soils or water contaminated by the release are exposed and Remove, cover, or otherwise secure exposed soils or water. Fill unsecured from public access and dwellings, playgrounds, open excavations. Conduct actions necessary to contain parks, day care centers, schools, or similar use facilities are contamination or prevent impact or exposure. located within 500 feet of those soils. 02.2 A former vapor impact is associated with this site, or free Remediatelremove vapors, free product, or contaminated soils. product is present in close proximity to subsurface utilities or Determine migration pathways and remove/prevent migration other natural or man-made conduit and there is potential for the pathways. Conduct assessment of contaminant plumes in accumulation of explosive vapors or vapors that could cause relation to the potential vapor pathway. Determine target acute effects in a building or other structure. cleanup levels. Conduct actions necessary to contain contamination or prevent impact or exposure. 0 2.3 A domestic water supply well or line, or a domestic surface Notify proper authorities, users, and property owners. Prevent water intake is impacted or immediately threatened by the migration to water intake. Provide alternative water supply if release, but the user has access to another public or private necessary. Conduct assessment to identify contaminant plumes water supply. (Ensure the user and the locai1NRCC Region and exposure pathways in relation to water intake. Determine Office have been notified.) appropriate target cleanup goals based on site conditions. Conduct actions necessary to contain contamination or prevent impact or exposure. 02.4 A 􀁮􀁯􀁮􀁾􀁰􀁵􀁢􀁬􀁩􀁣􀀠or non-domestic water supply well is impacted Notify proper authorities, well users, and property owners. or inunediately threatened. (Do not consider monitor wells.) Prevent migration to water well. Provide alternative water (Ensure the user and the locaJ TNRCC Region Office have supply if necessary. Plug water well if 􀁮􀁥􀁣􀁥􀁳􀁳􀁡􀁲􀁹􀁾􀀠 Conduct been notified.) assessment to identify" contaminant plumes and exposure pathways in relation to water well. Determine appropriate target cleanup goals based on site conditions. Conduct actions necessary to contain contamination or prevent impa·ct or exposure. 0 2.51 Groundwater is impacted and a public or domestic water Determine completion data and usage ofwell(s) if not already supply well is located within 0.25 miles of the UST/AST known. Conduct receptor survey to locate additional wells and system or source area (Answer yes if a well is present, but the other potential receptors (if not already done). Evaluate well well use is unknown). (See footnote 1 before 􀁲􀁥􀁳􀁰􀁾􀁮􀁤􀁩􀁮􀁧􀀮􀀩􀀠 impact potential. Determine appropriate cleanup goals based on site conditions. Conduct actions necessary to contain contamination or prevent impact or exposure. 02.6 Groundwater or storm water runoff is impacted and discharges Conduct assessment which addresses the contaminant plumes within 500 feet of the known extent of contamination to a in relation to the surface water. Determine target cleanup surface water body used for human drinking water, contact levels. Conduct actions necessary to contain contamination or recreation, habitat to a protected or listed endangered plant and prevent impact or exposure. Notify property owners if impact animal species. is documented. 02.7 A public or domestic water supply well that produces from a Notify well users and property owners. Detennine completion groundwater zone which is not impacted or threatened is data and usage of \Vater well(s). Conduct receptor survey to located within the kn0\.,.11 extent of contamination. (Answer locate additional sensitive receptors. Investigate well impact or yes if a well is 􀁰􀁲􀁥􀁳􀁥􀁮􀁾􀀠but the well use is unknown.) cross-contamination potential. Plug well(s) if necessary. Determine target cleanup levels. Conduct actions necessary to contain contamination or prevent prevent impact or exposure. Monitor water well for groundwater quality. TNRCC-0621 (8-I-96) Page 14 of 16 PRIORITY ACTIONS 0 3.1 1 Groundwater is impacted and a public or domestic water Determine completion data and usage of well(s) if not already supply well is located between 0.25 and 0.5 miles from the known. Conduct receptor survey to locate additional wells and UST/AST system or source area (Answer yes if a well is other potential receptors (if not already done). Evaluate well present in this interval, but the well use is unknmvn.) (See impact potential. Evaluate need for remediation. footnote 1 before responding.) 03.2 Groundwater is impacted and the impacted groundwater Conduct assessment which evaluates potential to impact the zone may discharge between 500 feet and 0.25 miles of the surface water. Evaluate need far remediation. UST/AST or source area to a surface water body used for human drinking water, contact recreation, or habitat to a protected or listed endangered plant and animal species. 03.3' Groundwater is impacted and anon-public or non-domestic Determine completion data and usage of well(s) s) if not water supply well is located within 0.25 miles of the already known. Conduct receptor survey to locate UST/AST system or source area. (See footnote 1 before additional wells and other potential receptors (if not already responding.) done). Evaluate well impact potential contaminate. Evaluate need for remediation. 03.4 A non-community or non-domestic water supply well that Notify well users and property owners. Detennine produces from a groundwater zone which is not impacted completion data and usage ofwell(s) if not already known. or threatened is located within the known extent of Conduct receptor survey to locate additional wells and other contamination. (If a well is present, but the use of the well potential receptors (if not already done). Investigate well is unknown, answer yes to 2.7 instead.) impact or cross-contamination potential. Monitor water well for groundwater quality. Evaluate need for remediation. 0 3.52 A designated major or minor aquifer groundwater is Conduct assessment of soil soil and groundwater contaminant impacted or immediately threatened. (See footnote 2 plumes in relation to major or minor aquifer. Conduct before responding.) receptor survey and water well inventory. Evaluate need for remediatio·n. PRIORITY ACTIONS 0 4.0 The extent of contamination has not been defined, but Conduct assessment of soil and/or groundwater there is no indication that any of the other case priority contaminant plumes. Conduct receptor survey and water conditions apply. well_inventory. Evaluate site conditions to determine need for additional corrective actions. 1Kl 4.1 Groundwater is affected. Conduct assessment of soil and groundwater contaminant plumes. Conduct receptor survey and water well inventory. Evaluate site conditions to determine need for additional corrective actions. 04.2 The vertical extent of contamination has been defined and Conduct assessment of soil contaminant plume. Conduct the assessment results document that groundwater is not receptor survey and water well inventory. Evaluate site affected. conditions to determine need for additional corrective actions. 1. Consider only: wells producing from the same interval as the impacted groundwater zone at the release site, wells which may provide a cross-contamination pathway, or wells where cOmpletion details are unknown. 2. Refer to Major and Minor Aquifers ofTexas Maps prepared by Texas Water Development Board, September 1990. Do not consider the low penneability Beaumont clays of the Beaumont Fonnation for the Gulf Coast aquifer. Do not consider a perched groundwater zone overlaying the principal producing portion of the aquifer unless the two are hydrologically connected. TNRCC-0621 (8-1-96) Page 15 of 16 ' COUNTY CODE LIST 1 Anderson 38 Childress 75 Fayette 112 Hopkins 149 Live Oak 186 Pecos 223 Terry 2 Andrews 39 Clay 76 Fisher 113 Houston 150 Llamb 187 Polk 224 Throckmorton 3 Angelina 40 Cochran 77 Floyd 114 Howard 151 Loving 188 Potter 225 Titus 4 Aransas 41 Coke 78 Foard 115 Hudspeth 152 Lubbock 189 Presidio 226 Tom Green 5 Archer 42 Coleman 79 Fort Bend 116 Hum 153 Lynn 190 Rains 227 Travis 6 Armstrong 43 Collin 80 Franklin 117 Hutchinson 154 McCulloch 191 Randall 228 Trinity 7 Atascosa 44 Collingswonh 81 Freestone 118 Irion 155 Mclennan 192 Reagan 229 Tyler 8 Austin 45 Colorado 82 Frio 119 Jack 156 McMullen 193 Real 230 Upshur 9 Bailey 46 Coma! 83 Gaines 120 Jackson 157 Madison 194 Red River 231 Upton 10 Bandera 47 Comanche 84 Galveston 121 Jasper 158 Marion 195 Reeves 232 Uvalde 11 Bastrop 48 Concho 85 Garza 122 Jeff Davis 159 Martin 196 Refugio 233 Val Verde 12 Baylor 49 Cooke 86 Gillespie 123 Jefferson 160 Mason 197 Robens 234 VanZandt 13 Bee 50 Coryell 87 Glasscock 124 Jim Hogg 161 Matagorda 198 Robertson 235 Victoria 14 Bell 51 Cottle 88 Goliad 125 Jim Wells 162 Maverick 199 Rockwell 236 Walker 15 Bexar 52 Crane 89 Gonzales 126 Johnson 163 Medina 200 Runnels 237 Waller 16 Blanco 53 Crockett 90 Gray 127 Jones 164 Menard 201 Rusk 238 Ward 17 Borden 54 Crosby 91 Grayson 128 Karnes 165 Midland 202 Sabine 239 Washington 18 Bosque 55 Culberson 92 Gregg 129 Kaufman 166 Milan 203 San 240 Webb 19 Bowie 56 Dallam 93 Grimes 130 Kendall 167 Mills 204 San Jacinto 241 Whanon 20 Brazoria 57 Dallas -94 Guadalupe 131 Kenedy 168 Mitchell 205 San Patricio 242 Wheeler 21 Brazos 58 Dawson 95 Hale 132 Kem 169 Montague 206 San Saba 243 Wichirn. 22 Brewster 59 Deaf Smilh 96 Hall 133 Kerr 170 Montgomery 207 Schleicher 244 Wilbarger 23 Briscoe 60 Delffi 97 Hamilton 134 Kimble 171 Moore 208 Scurry 245 Willacy 24 Brooks 61 Denton 98 Hansford 135 King 172 Morris 209 Shackelford 246 Williamson 25 Brown 62 DeWitt 99 Hardeman 136 Kinney 173 Motley 210 Shelby 247 Wilson 26 Burleson 63 Dickens 100 Hardin 137 Kleberg 174 Nacogdoches 211 Sherman 248 Winkler 27 Burnet 64 Dimmit 101 Harris 138 Knox 175 Navarro 212 Smith 249 Wise 28 Caldwell 65 Donley 102 Harrison 139 Lamar .176 Newton 213 Somerville 250 Wood 29 Calhoun 66 Duval 103 Hartley 140 Lamb 177 Nolan 214 Sffirr 251 Yoakum 30 Callahan 67 Easdand 104 Haskell 141 Lampasas 178 Nueces 215 Stephens 252 Young 31 Cameron 68 Ector 105 Hays 142 La Salle 179 Ochiltree 216 Sterling 253 Zapaffi 32 Camp 69 Edwards 106 Hemphill 143 Lavaca 180 Oldham 217 Stonewall 254 Zavala 33 Carson 70 Ellis 107 Henderson 144 Lee 181 Orange 218 Sutton 34 Cass 71 El Paso 108 Hidalgo 145 Leon 182 Palo Pinto 219 Swisher 35 Castro 72 Erath 109 Hill 146 Liberty 183 Panola 220 Tarrant 36 Chambers 73 Falls 110 Hockley 147 Limestone 184 Parker 221 Taylor 17 174 Foonln i 111 Hnnn , .. li.'nle Rl' has riol already been notified of \he trST lDn•[nil No. P JOg 409 797 ' During the repl8cement of the cross airport water line we became aware that there may be a significant fuel issue along the south side of the Cherry Air fuel farm and the somh end of the 300, 400 and 50J series !-hangars. During the ins·r;11lation·ofthe water line, we observed free fuel product seeping from the ground into the utility trench. On lv[onday, January 19, !998, we saw fuel in several nrcas on the surface of the ground or. the ChetTY Air fuel farm anclthc W1ct immediately west of the site. Kt111 Horn and Zane Ryan •vere notified and clean-up has ·starred. We nee pnnicul8rly concerned beca11se 􀁲􀁨􀁾􀀠pt::twkum prod\tct can adversely impact the water line and 􀁾􀁶􀁥􀁮􀀠migrat: down the water line bedding, negatively ntTecting the watershed. I know you are as concerned as we are regarding the potential impact to the surrounding environment front fuel contamination. \Ve respectfully request that this problem, and any other fuel farm coutarnination be cleaned up as soon as possible. We suggest the :'allowing 􀁡􀁣􀁴􀁩􀁾􀁮􀂷􀀺􀀠 1. Removing Itt.: l'ud contaminnted soil near the water line. 2. Remove the 5ource of contamination. 3. Immediate clean-up of all fuel spilled on the surf1•C•:. 4 .. Report the 􀁾􀁰􀁩􀁬􀁬􀀠to the Texas Narural Resource Conservation Commission (TNRCC). 5. Contract wicll a qualified environmental consultant to prepare an as;;essmc:r;t of the horizontal 􀁾􀀮􀁮􀁤􀀠vertical .:xtem Clf contamination at the site in accordance with TNRCC rules and 􀁲􀁥􀁧􀁵􀁬􀁡􀁴􀁩􀁯􀁮􀁾􀀮􀀠The 􀁡􀁳􀁳􀁥􀁳􀁳􀁭􀁾􀁮􀁴􀀠should include whether ground water 􀁨􀁡􀁾􀀠been affected. Prepare and irnplem.<:nt a 􀁣􀁯􀁲􀁲􀁥􀁾􀁴􀁩􀁶􀁥􀀠action plan if required by TNRCC. liJUU4 02113/98 14:36 'Z)'972 380 0046 ADDISON A\"IA S\"C .. !'vfr. Sam St: a:1 January 28, !998 /Page T'NO 6. Furnish documentation that alltech.nica! deadlines required by Texas Administrative Cod<: (TAC) 􀁃􀀧􀁾􀁡􀁰􀁴􀁥􀁲􀀠334, 􀁰􀁾􀁲􀁴􀁡􀁩􀁮􀁩􀁮􀁧􀀠to leak 􀁤􀁥􀁴􀁾􀁣􀁴􀁩􀁯􀁮􀀠and overfill protection, have been met. 7. Furnish De Addison Depanment of PLtblic Works with a copy of all 􀁲􀁥􀁰􀁯􀁲􀁴􀁾􀀠and correspondence regarding this matter. 8. Provid.:: evidence that the fuel fam1s will conform to the December 1998 petrolc'Lun storage tank upgrades, mandated by the TNRCC/EPA. This lencr is :tour formal notice 􀁡􀁾􀀠required L!nder "Section 4 • Upkeep of third Party Areas and Jet Pon" of tf·.e "Agreement of Specit1cation nnd Amendme11t to the Agreement for Operation of the Acldison 􀀮􀀧􀁾􀁩􀁲􀁰􀁯􀁲􀁴􀀠􀁢􀁾􀁴􀁷􀁥􀁥􀁮􀀠the City of Ad(lison, Texas, and Addison Airport, Inc.," and "Section 9. .Standard' of Operation," "Section 16. Alteration, Construction hy Company for Airport Pmpnses," "Section 21. Applicable Applicable Governmental Requirements," "Section 23. Federal 1\irport Aid," and "Section 29. Events of Default and Remedies of the "Agreement for Operation of the Addison Airport. between the City of Addison, Text\s a11d Addison Airport Inc." I trust we can work together to get this iSSLtc resolved quickly. Please call me at 450·2871 if you have any 􀁱􀁵􀁾􀀿􀀮􀁴􀁩􀁯􀁮􀁳􀀠or need additional infonnation. Sincc:rdy, cc: Ken Di.Jpel Ron \Vilitehead 02/lJ/98 14:36 'U9i2 J80 􀀰􀀰􀁾􀀶􀀠 ADDISON AYIA SYC ADDISON AIRPORT February 3, J9s=:; VIA HAND D:§.LIVERY Mr. James Dono1dson Mr. .John BarbE:<: d/b/a Addison A ircruft Storage 4584 Claire Chennaull Dallas, Texas 7 :;248 Re: Fuel Cc,ntamination Gentlemen: 􀁒􀁾􀁦􀁥􀁲􀁥􀀱􀀱􀁣􀁥􀀠is made to a certain Grout1d Lease mack and entered into as of June 17, 1981, between the City of Add.son and Addison Airport of Texas, Inc. ("AATI"), as Landlord, and Dunham Oil Tool Company, Inc., as Tenant, which Ground Lease 􀁷􀁡􀁾􀀠􀁳􀁵􀁢􀁯􀁴􀀧􀁴􀁬􀁵􀁾􀁮􀁴􀁬􀁹􀀠 assigned to Airport Associntes, Ltd., which Ground Lease in turn, by Assignment of Lease made on January 3, 1989, wns assigned to James Donaldson and Jolui'Bnrbee ·d/b/a Addison Aircraft Stornge. Furthermore, reference is made to a certain Ground Lease, commonly known as a 􀁆􀁾􀀱􀁥􀁬􀀠 Frurn Lease, 􀁭􀁡􀁤􀁾􀀠anJ entered into on June 23, !983, by and among the City of Addison, Texas, and AATI, as Lnn:llonl, and Airpcn1 Associates, Ltd., liS Tenant, which Ground Lease was was subsequently assigned to James Donaldson and John Darbee d/b/a Addison Aircraft Storage, by Assignment of Lease made on January 3, 1989. Pursuant to h•:•th Ground Leases, Tenant agreed lo comply with all governmental laws, ordinances and regulations applicable to the use of the Demised Premises all at Tenant's sole cost nnd expense and further agreed to 􀁭􀁾􀁩􀁮􀁴􀁡􀁩􀁮􀀠 in good repair nnd condition the Demised Premises and !•II improvements, ftxtures, equipment and personal propctty on the Demised Premises. Fl.tr:hennore, Tenant agreed to indemnify and hold AATI harmless for arty loss, expense .. or claim rni.sing out of damage to property or person on or about the Demised Premises ·and any 􀀼􀁴􀁤􀁪􀀻􀁴􀁾􀁾􀁮􀁴􀀠area thereto owned by Lru1dlord. By letter dated January 28, 1998, the Town of Addison gave written notice to AATI that you w(:n:: not adhering to the terms and 􀁰􀁲􀁯􀁶􀁩􀁳􀁩􀁯􀁮􀁾􀀠of your Ground Leases regarding the maintenance llnd condition for your Demised Premises and, in particular, the Town made reference to fuel contamination. · ADDISON Alf\POAT OF TEXAS. lNG. • 4605 GLAII'IE CHENNAULT • DALLAS, TEXAs 75246 • 972/246·7H3 FAX 972/248·2416 @005 i 02.'13/98 H:3i 'Zl'9i2 380 0046 ADD!SON AYIA S\"C 141 ooa 􀁾􀁾􀀮􀀠 􀁾􀀧􀀮􀀠 Mr. James Do:naldson Mr. John BarlJee February 3, l•l98 Page 2 A true and c•mect copy of the January 28, 1998 letter is enclosed herein and incorporated by reference. Demand is!wreby made upnn Tenant to remtdy the deficiencies identified in the Town's written notice of January 28, 1998 to AATL Failure ofTertant to comply with any term, comlilion or covenant of the Ground Leases and the failure to cut•: such deficiencies within 30 days after written notice lu Tenant shall be an event of default by Tenant under the Ground Leases. In the event nf a default, AATJ will enforce the terms and provisions of-the Ground Leases and pursue its rcncdies it may have under the Ground Leases or at law or in equity. lf you have any questions about !he TO\\TI's letter, please cClntact Mr. Jolm Baumgartner, Director of Public 􀁗􀁯􀁲􀁫􀁾􀀬􀀠at (972) 450-2871. We 􀁷􀀬􀁾􀁵􀁬􀁤􀀠ar·preciule yotll' response to AATI rcgnrding this maller within ten (I O) tlays. V cry truly )'(IUrs, 􀁾􀀺􀁌􀀭􀀼􀀺􀁾􀀠Sam Stumt President Addison Airport of Texas, Inr.. Enc .. (.January 28, 1998 ktter from Town uf Addison) I 695102.1 02113198 14 :J8 'li'9i2 380 􀀰􀀰􀁾􀀶􀀠 ADDISON AYIA S\"C . ' Cherry-Air, Inc. February 12, : 998 Mr. Sam Sn.un Pre....;;.idcnt Addison Aifl:on of Texas, Inc. 4505 Claire Chennault L)alla., TX i 5248 R£: Fud Contamination Dellr Mr. Sicart: "CmniJlt..!lC Avlntiun lnvolverncnt" 1 am writini; in reference to your letter of February 3, 1998, and Mr. John BaumgarU1er's Iotter to you dMed hnuary28, 1998, concerning the fuel contamination at our fuel farm. As you nrE aware, I have bocn u!Volvcd with the operation of this fuel farm in excess uf 14 years p·rior to the :li.1el spill in Novemb¢r. I want to expn:ss my t()ncem O\'er the fuel spill and pledge my commitment u1 removing the contaminoti >n Action that we hove taken to this date is: I. Removeol all fuel from surface of ground. 2. Remov<>i the fuel contaminated soil 􀁾􀀭 Contm":ed to an e.w!ronmental servico to di,pose of contaminated soil 4. 􀁃􀁯􀁮􀁴􀁲􀁡􀁾􀀺􀁥􀁤􀀠to have our tanks pressured to:stcd 5. Contrac:ed to an e•IVironmenta\ consultant to investigate a.nd prepare a p. ;. (:. 􀀬􀀭􀀭􀀭􀀺􀁾􀀭􀁜􀀠 .. .. , . '''"":"". ... ·--.-·-·--·----------------------;"I" SEND R: •Complete Hems1 andlor 2 lor additional services. I also wish to recelye the "' 􀁾􀁾􀁰􀁬􀁡􀁴􀁥􀀠Hems 3, 4a, and 4b. following services (for an 􀁾􀀠 ( ,t your name and address on the reverse of this fonn so thai we can retum this extra fee): , · ..... d to you. ff 􀁾􀀠 •Attach this fonn to the front of the mall place. or on the back if space does not 1. D Addressee's Address -; ! pennlt. '-CP •Write"Retum Recsfpt RequBSted"on the mailplece below the arlfcle number. 2. D Restricted Delivery cZ 5 •The Return Receipt will show to whom the article was delivered and the date .., c delivered. Consult postmaster for fee. .9-j 3. Article Addressed to: J i fv1r. 􀀭􀁾􀁡􀀮􀁭􀀮􀀠 􀁾􀁨􀁬􀁯􀀮􀀭􀁲􀀭􀀫􀀭 􀁾􀀠 􀁾􀀠 8 ActdtsoQ ,Ao-port-oF /.e;ca_s 􀁾􀁥􀁲􀁴􀁩􀁈􀁥􀁤􀀠r; 􀀴􀀶􀀰􀁾􀀠CJa..ir.e. Chenrault o tnsured i '···-0 COD " Ao.ruso'f. 11-1 :s248 􀁾􀀠 f -------'.., .. 􀁾􀀱􀀢􀀱􀀭􀀧􀀭􀀭􀀧􀀭􀁁􀁴􀀭􀀭􀀭􀀱􀀠 .:ae li 􀀺􀁾􀁾􀁾􀀠-1 . '! . (:. 􀁾􀀮􀀠 Jnm 3811, December 1994 102595-97-e-o179 DomestiC 􀁒􀁾􀀻􀁾􀁴􀁵􀁭􀁲􀀮􀁆􀀡􀁥􀁰􀁅􀀡􀁉􀁐􀀡􀀠 . ., '.•. ·-􀀭􀀭􀀭􀂷􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀂷􀀭􀂷􀀭􀂷􀀭􀀭 ,::: ._:; 􀀡􀀢􀀧􀁾􀀭􀀭􀀭􀀭 __ ,, ••.• ., ...... PUBLIC WORKS DEPARTMENT P.O. Box 144 Addison, Texas 75001 ··--. 􀁾􀀬􀁟􀀭 .. -'..;:-,,, '-., ·-.·) • CERTIFIED 􀁴􀁾􀁾􀁾􀀰􀀻􀀭􀀺􀁬􀁾􀁾􀁾􀁾􀀻􀀺􀁾􀀠-( 􀁾􀁾􀁾􀁾􀀭􀀺􀀻􀀭􀁾􀀠􀁾􀀠 /'>.? '1-\\<_...-_ .... 􀁾􀁊􀁕􀀠􀀭􀁾􀀠 􀁄􀁑􀀧􀀮􀀧􀁔􀁌􀁊􀁲􀀧􀀬􀁛􀀭􀀺􀀱􀁾􀀠 /· 􀀭􀁾􀁾􀀠 .u .. v> .. c , t 􀁊􀁁􀀡􀀡􀀲􀁷􀁾􀁡􀀠 )-_r·? 􀀭􀁾􀀠 _ 􀀺􀁾􀀠 \. .. 􀀴􀁾􀀭 ... ! ? .. '? 7 􀀭􀀭􀁾􀁾􀀠 --.I I : . ....: \..-..z ,-v 􀀭􀁾􀀠 :i .:;:: 2715000 t__ _____ .. 􀀭􀁾􀀺􀀺􀀠 p 108 409 796 MAIL tJ $ {iJ 􀁍􀁲􀀮􀁓􀁾􀁾􀀠Ad 0-72-?..j /?1.4f&IL The Addison Fire Department has conducted a safety survey of this property. The following hazards were discovered and need correction. Item Code Description of hazard and location. Cleared l J2E {)J. Ar;:; Au t'J.--zul -r-Jf2£<.. /),.._) r:: v t::.-1., -rR.urY I The Fire Department requires action be taken to correct these hazards within 1 if @!hours from the date of this notice. Accompaning Management Rep. (Please print): 0§'-)c tt/Z /f c Signed: d J2 £"'--' 􀁾􀀠 Shift: ]$ Co.: :r-tOI PersonnelAssigned: t1Jev-nv_l:?& z>'fo FireDepartmentOfficer: 􀁾􀀠, Page_of _ 1\DnisoN PUBUC WORKS DEPARTMENT (972) 450-287! Post Office Box 144 Addison, Texas 75001 16801 Westgrove January 28, 1998 Certified Mail No. P 108 409 796 Mr. Sam Stuart Addison Airport of Texas, Inc. 4505 Claire Chennault Addison, Texas 75248 Re: Fuel Contamination Dear Sam: During the replacement ofthe cross airport water line we became aware that there may be a significant fuel issue along the south side of the Cherry Air fuel farm and the south end of the 300, 400 and 500 series !-hangars. During the installation of the water line, we observed free fuel product seeping from the ground into the utility trench. On Monday, January 19, 1998, we saw fuel in several areas on the surface of the ground on the Cherry Air fuel farm and the tract immediately west of the site. Kurt Horn and Zane Ryan were notified and clean-up has started. We are particularly concerned because the petroleum product can adversely impact the water line and even migrate down the water line bedding, negatively affecting the watershed. I I know you are as concerned as we are regarding the potential impact to the surrounding environment from fuel contamination. We respectfully request that this problem, and any other fuel farm contamination be cleaned up as soon as possible. We suggest the following action: 1. Removing the fuel contaminated soil near the water line. 2. Remove the source of contamination. 3. Immediate clean-up of all fuel spilled on the surface. 4. Report the spill to the Texas Natural Resource Conservation Commission (TNRCC). 5. Contract with a qualified environmental consultant to prepare an assessment of the horizontal and vertical extent of contamination at the site in accordance with TNRCC rules and regulations. The assessment should include whether ground water has been affected. Prepare and implement a corrective action plan if required by TNRCC. Mr. Sam Stuart January 28, 1998 Page Two 6. Furnish documentation that all technical deadlines required by Texas Administrative Code (TAC) Chapter 334, pertaining to leak detection and overfill protection, have been met. 7. Furnish the Addison Department of Public Works with a copy of all reports and correspondence regarding this matter. 8. Provide evidence that the fuel farms will conform to the December 1998 petroleum storage tank upgrades, mandated by the TNRCC/EP A. This letter is your formal notice as required under "Section 4-Upkeep of third Party Areas and Jet Port" of the "Agreement of Specification and Amendment to the Agreement for Operation of the Addison Airport between the City of Addison, Texas, and Addison Airport, Inc.," and "Section 9. Standards of Operation," "Section 16. Alteration, Construction by Company for . Airport Purposes," "Section 21. Applicable Governmental Requirements," "Section 23. Federal Airport Aid," and "Section 29. Events of Default and Remedies of the "Agreement for Operation of the Addison Airport between the City of Addison, Texas and Addison Airport Inc." I trust we can work together to get this issue resolved quickly. Please call me at 450-2871 if you have any questions or need additional information. Sincerely, 􀁾􀀷􀁥􀀯􀀺􀁩􀀺􀁟􀀠John R. Baumgartner, P.E. Director of Public Works cc: Ken Dippel Ron Whitehead