2016-11-14-minutes-public-works-study-session

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KITTITAS COUNTY AIRPORT USE AGREEMENT 3. TERM: The term of this Agreement shall be for one (1) year and will commence on the date of last signature of the parties hereto. This Agreement may, at the option of IFT and acceptance by the County, be renewed from year to year in accordance with the terms and conditions herein specified. 4. USAGE FEE: IFT shall pay to the County the total sum of Five Hundred and no/100 dollars ($500.00 USD) annually as a usage fee for use of the Airport premises and for the other rights and privileges granted hereunder during the term of this Agreement. Full payment shall be made within ten (10) days from the date of this Agreement and any renewal thereof. 5, ADJUSTMENT OF USAGE FEE: Following the completion of the initial term of this agreement, the County shall have the right to readjust the usage fee by negotiation with IFT for any year-to-year renewal term, but it is agreed that the fee shall not exceed five percent (5%) of the previous year's fee. b. PREMISES ACCESS: For the duration of this Agreement, IFT employees, agents, contractors, and invitees shall have ingress to and egress from the Airport and the Airport premises.. The primary aeronautical access point shall be the West drive-thru gate. Kittitas County may allow a single additional access pedestrian access point during the duration of this agreement. IFT acknowledges and accepts full responsibility for compliance with all applicable rules and regulations of the Federal Aviation Administration as set forth from time to time relating to IFT's use of the airport. IFT fully understands and acknowledges that any security or access measures deemed necessary by the County for the protection of any Airport premises, or equipment and property and access to the Airport through the Airport premises shall be the sole responsibility of IFT and shall involve no cost to the County, unless agreed upon otherwise. 7. OPERATING CERTIFICATES: IFT shall provide the Kittitas County Department of Public Works with copies of all current operating certificates and other documents relating to IFT's authority to continue its operations at the Airport as the County may reasonably request. 8. DISCLAIMER: IFT agrees to accept all Airport premises on an "as is" basis. Further, the County hereby disclaims, and IFT accepts such disclaimer, of any warranty, either express or implied of the condition and usability of any of the Airport premises. The County shat l not be under any duty or obligation to IFT to repair or maintain the Airport premises, or any portion thereof, or any facilities or equipment constructed thereon. The Courtly shall not be responsible or liable to IFT for any claims for compensation for any losses, damages, or injury, including lost profits, sustained by IFT resulting from failure of any water supply, heat, air conditioning, electrical power, or sewer or drainage facility, or caused by the natural physical conditions on the Airport, whether on the surface or underground, including stability, moving, shifting, settlement of ground, or displacement of materials by fire, water, windstorm, tornado, act of God, or state of war, civilian commotion or riot, or any other cause or peril beyond the control of the County, except to the extent covered by the County's insurance.