751)-\V.PerlmeterRd Unit#-! (425) 228·9510 Rent-on, WA -90057 (425}228-9511 fax: February 23, 2015 Office ofthe GhiefCounsel Attention: FAl:jl;<part 16 Docket Clerk, AGC-600 Federal Aviation Administration 800 Independence Ave SW Washington, DC 20591 RE: Response to Request for Extension ofTime Pro-Flight Aviation, Inc. v. City ofRenton
Dear Sir or Madam, Docket#16-15-03

I am inreceipt ofa request by the City ofRenton ("City") for an extension oftime for the filing ofthe City's Answer to the above-named Part 16 Complaint, dated February 17, 2015. The City has requested a 12-week extension. Although I am willing to consent to an extension of30 days, I believe an extension ofthe length requested by the City is excessive f.or**Jfl~** following reasons (numbered to correspond to the paragraphs in the City's request): 1. The staffmg and work load ofthe City Attorney's Office is beyond Pro-Flight's control and should not be permitted to further prejudice Pro-Flight's position at the Airport. Resolution ofthe issues raised by Pro-Flightis time sensitive given the ability ofBoeingto remove Pro-Flight from thetie-downs onthe disputed 760 parcel. 2. With respect to the reduction in Airport personnel, Mr. Jonathan Wilson was promotedto the position ofAirport Manager on October 16, 2014. Prior to that, Mr. Wilson served as Assistant Airport Manager for some seven years and should be adequately familiar with any issues raised in our Complaint. The Assistant Airport Manager position, left vacant by Mr. Wilson's promotion, was filled January 21,2015. The only remaining vacancy is an engineering position, which has no 1 b.earing onthis matter. In addition, we have found the City Clerk's Office to be vety efficient at locating <md collecting records.3. The City's need to interview

### Mr. Zulauf, and to seek FAApermission, is beyond Pro-Flight's control. Any information Mr. Zulaufhas or had should be well documented inthe Airport files passed to his successor, Mr. Wilson. 4. Lease ,<fgreements between the City and any airport tenant are subordinate to federatY.aw. The City has the obligationto amend its lease agreements, if necessary, in order to meet its federal obligations. Boeing has no obligation or incentive to voluntarily relinquish rights obtainedthroughtheir lease agreements with the City. The Boeing Company is notparty to this Complaint. The City's reluctance to initiate discussions with Boeing was central to the filing ofthis Part 16 Complaint. During pre-complaint resolution attempts, the City promisedto enter into discussions with Boeing inAugust, October, and December of2014. Pro-Flight never received any follow-up information regarding the
· outcome ofthese discussions. Indeed, Pro-Flightnever received any indication

that such discussions even tookplace. The City's portrayal ofa tentative agreementbetween the parties is disingenuous as we have never been presented with a real proposal to accept or decline. Pro-Flight is willing and eager to continue negotiations with the City, and, as a courtesy, would be willittJS to hear Boeing's input, but time is ofthe essence and we are unwilling to endure continued delays. In the interest ofmoving forward, Pro-Flight will consentto a 30 day extension, making the new due date for the City's Answer April2, 2015. Webelieve this will provide sufficient time for the City to prepare its Answer. Respectfully yours, ·



# 0aP~

Bernard A. Paholke Vice President Pro-Flight Aviation, Inc.750 W. Perimeter Rd Unit #1 {425) 228-%1-0 Renton, WA 98057 (425} 228-9511 fax: 

# Certificate ofService 

# t

I certify that I have this day served the foregoing letter, Response to Request for Extension ofTime, Part 16 Complaint: Pro-Flight Aviation v. City ofRenton FAA DocketNumber 16-15-03 onthe following persons atthe following addresses by United States Postal

**~ervice.**

**~** k-:-\ Office ofthe ChiefCounsel Attention: FAAPart 16 Docket Clerk, AGC-600 Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 And City Clerk's Office City ofRenton, W A 1055 South Grady Way Renton, WA 98057 Dated this

**23~,/t:,day** ofFebruary, 2015.

**-\~**



# J)tP~ Bernard A. Paholke Vice President Pro-Flight Aviation, Inc.