Laserfiche WebLink
KITTITAS COUNTY <br />DEPARTMENT OF PUBLIC WORKS <br />PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS <br />STUDY SESSION STAFF REPORT <br />STUDY SESSION DATE: July 23, 2018 <br />TOPIC: Bower's Field Land Lease Agreements <br />ACTION REQUESTED: Direct Staff Replace Lease Agreements as Appropriate <br />LEAD STAFF: <br />Mark R. Cook <br />RECOMMENDATION: <br />Direct staff replace land lease agreements at Bowers Field as appropriate. <br />BRIEFING SUMMARY: <br />• Recent lease addendum was pulled from the Board's action calendar <br />• Legal review identifies that certain old leases cannot be unilaterally changed by <br />the Board <br />• Current land lease agreement allows lease conditions changes with 120 days' <br />notice to the lessee <br />• Staff suggests negotiating the addition of the 120 day clause into all pending lease <br />addendums <br />BACKGROUND: <br />Older Bowers Field land lease agreements do not contain any provision for the Board of <br />County Commissioners to alter lease terms prior to lease expiration. The current lease <br />addendums span a period of five years. A recent opinion from the Board's legal counsel <br />notices that the Board cannot change lease terms prior to lease expiration. A recent lease <br />came up for renewal and the terms do not contain existing conditions allowing lease <br />changes prior to expiration. Current leases provide the following condition: <br />22. MODIFICATION OR TERMINATION: Lessee and Lessor agree that Lessor <br />may, at Lessor's sole discretion, modify the terms of this lease in whole or in <br />part, including but not limited to any term or condition of this lease, including <br />cancelling the unexpired portion of this lease and re -letting the property to <br />another tenant, in the event that any regulation governing airports or county <br />property is amended in a way that impacts the Lessor's ability to lease, use, <br />control, protect, or maintain the Property. For the purposes of this section, <br />"regulation" is defined to include, but is not limited to: case law interpreting <br />any rule or regulation; any federal rules and regulations, including Federal <br />Aviation Administration rules and regulations; state rules and regulations; <br />and local rules, regulations and ordinances. <br />Page 1 of 2 <br />PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT <br />