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KITTITAS COUNTY <br />DEPARTMENT OF PUBLIC WORKS <br />PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS <br />STUDY SESSION STAFF REPORT <br />STUDY SESSION DATE: January 27, 2020 <br />TOPIC: ELN Lease Term — Maximum Length in County Code <br />ACTION REQUESTED: Direct Staff to Limit Lease Length of Term to Maximum <br />35 years <br />LEAD STAFF: <br />Mark R. Cook <br />RECOMMENDATION: <br />Direct staff to write airport private hangar leases for a length of time not to exceed 35 <br />years. <br />BRIEFING SUMMARY: <br />• A private hanger recently completed construction at ELN. <br />• Staff wrote a lease for a 50 -year term. <br />• The Hangar owner is insisting on 75 years. <br />• Recently, the Board's attorney advised staff to write private hangar leases <br />for a maximum of 35 years consistent with KCC 2.81.070. <br />BACKGROUND: <br />Public Works (PW) has written one lease at ELN for 75 years (Midstate Aviation). The <br />length was at the insistence of the owner and instrumental in completing the lease <br />assignment to Central Washington University. During the past several months, staff has <br />attempted to write a lease with Tarp It. During construction, it became apparent that the <br />main electrical feed for the airport ran through the middle of lot created for Tarp It <br />(revised binding site plan). PW relocated the electrical line at County expense (Airport <br />Fund). The hangar has been completed for several weeks pending final occupancy <br />issuance. PW desires completing the leasing process. It is fair to say the process has not <br />been easy for the lessee or for staff. <br />KCC 2.81.070 limits the length of lease to 35 years (EXHIBIT 1). Last week during a <br />discussion with DPA Caulkins, PW advised of the pending lease at 50 years (consistent <br />with staff's previous commitment to the owner). Staff appears to have inappropriately <br />interpreted RCW 14.08.120 (5) when applying lease terms to aeronautical leases. It <br />seems that the more restrictive County Code applies when assigning lease durations. PW <br />regrets the error. DPA Caulkins advises PW staff write all future private hangar leases <br />Page 1 of 4 <br />PUBLIC WORKS BOARD OF COUNTY CONI IISSIONERS WORK SESSION STAFF REPORT <br />