HomeMy WebLinkAboutConsent to LeaseBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2017-of»
A Resolution Consenting to Lease
WHEREAS, Kittitas County, Midstate Aviation, and Central Washington University (CWU)
entered into a Lease Assignment and Sale of Leasehold Improvements
Agreement on November 8,2016; and
WHEREAS, Paragraph 12 of that Agreement requires the prior written consent of the County
before CWU can "sell, transfer, assign, pledge or encumber its interest [in the
Agreement],,; and
WHEREAS, Central Washington University desires to lease a portion of the property it
acquired in that agreement to IASCO; and
WHEREAS, Kittitas County finds such lease to be in the public interest.
NOW, THEREFORE, BE IT RESOLVED, that Kittitas County hereby consents to the lease
contemplated and described in Exhibit "A" that is attached hereto and incorporated herein by
this reference .
ADOPTED this 21 sJ day of (V{aa41 . 2017.
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Obie O'Brien , Commissioner
APPROVED AS TO FORM :
Neil Caulkins,
Deputy Prosecuting Attorney
FLIGHT TRAINING AGREEMENT
AMENDMENT NO. 1-
A VIA TION MAINTENANCE FACILITY LEASE
This Amendment No.1-Aviation Maintenance Facility Lease ("Amendment" or
"Lease") is made this _ day of 2017 to that Flight Training Agreement
("Agreement") first entered into between Central Washington University ("CWU") and IASCO
Flight Training, Inc. ("1FT") on December 4, 2014. The purpose of this Amendment is to
provide for 1FT's use of the CWU Vern Mitchell aviation maintenance facility in support of the
CWU Flight Training Program.
In consideration of the mutual terms and conditions contained in this Amendment No.1
and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the
parties hereto do hereby agree as follows:
1. Leased Premises. CWU as Lessor hereby leases to 1FT as Lessee, and 1FT
hereby leases from CWU, the aviation maintenance facility known as the Vern Mitchell
Building, a 3,600 square foot leasehold improvement owned by CWU, identified as Tax Parcel
951461, and located at the Kittitas County Airport in Ellensburg, Washington (hereafter, "the
Premises").
2. Use of Premises. 1FT shall use the leased Premises solely for the purposes of
hangaring and maintaining aircraft used by 1FT in providing flight training to CWU aviation
students through the CWU Flight Training Program established and operated by 1FT and CWU
pursuant to the underlying Agreement. 1FT shall maintain the Premises in clean and safe
condition, shall not use the Premises for any unlawful purpose, shall comply with all applicable
laws pertaining to the permitted uses of the Premises (including but not limited to environmental
protection laws), and shall make no alterations or improvements to the Premises without CWU's
written consent, which consent shall not be unreasonably withheld.
3. Acceptance of Premises. 1FT agrees that it has inspected the Premises and
accepts the same in their present "AS-IS" condition. CWU makes no warranty of any kind,
express or implied, with respect to the physical condition of the Premises or its fitness for any
particular purpose.
4. Lease Term. This Lease shall be for an initial term of one year, from March I,
2017, through February 28,2018. The Lease may be renewed for additional one-year terms as
mutually agreed by CWU and 1FT. Either party may terminate this Lease by providing 60 days'
written notice to the other party.
5. Rent; Leasehold ExciseTaxes. 1FT agrees to pay to CWU rent of$I,800.00 a
month (or proportional fraction thereot), inclusive of utilities, during the initial term of this
Lease. In addition to rent, and pursuant to RCW 82.29A, 1FT shall pay leasehold excise tax at
the rate of 12.84 percent of the monthly rental rate ($231.12). Rent and excise tax payments
shall be due the first of each month. Interest at the rate of one percent per month (or fraction
thereot) shall accrue on payments made after the date the payments become past due.
FLIGHT TRAINING AGREEMENT AMENDMENT NO. 1-
AVIATION MAINTENANCE FACILITY LEASE
6. Insurance. 1FT during the term of this Lease shall purchase and maintain the
following policies of insurance and shall pay any deductibles or self-insurance retention amounts
thereunder: (a) commercial general liability insurance, $2,000,000 per occurrence, covering
personal injury (including death), hangar-keepers, contractual, pollution, and fire legal liability
damages; (b) commercial auto liability insurance, $2,000,000 per occurrence, covering all
automobiles (owned, hired, and non-owned) used by 1FT in connection with this Lease and the
underlying Agreement; (c) replacement cost commercial property insurance covering 1FT's
property, furnishings, fixtures, and equipment located or used on the Premises; (d) declared value
aircraft hull insurance coverage for all aircraft stored or maintained by 1FT on the Premises; and
(e) workers compensation coverage for all employees. Such policies of insurance shall name
CWU and Kittitas County as additional insureds. Certificates of insurance must state that the
policy shall not be cancelled without providing at least 30 days' prior written notice to CWU and
Kittitas County. Renewal certificates must be delivered to CWU and Kittitas County at least 15
days prior to the policy expiration dates.
7. Quiet Enjoyment; Lessor's Access to Premises. CWU covenants and agrees
that upon performance of all of 1FT's obligations hereunder, 1FT as Lessee shall lawfully and
quietly hold, occupy, and enjoy the Premises during the term of this Lease without disturbance
by CWU as Lessor. Notwithstanding the foregoing, Lessor may inspect the Premises at all
reasonable times and enter the same, upon notice to Lessee, for the purpose of repairing, altering,
improving, or exhibiting the Premises. Lessor may in an emergency enter the Premises without
Lessee's consent.
8. Damage or Destruction. 1FT shall be responsible for the cost of repairs, beyond
normal wear and tear, for any damage to the Premises caused by the acts or omissions of 1FT, its
officers, directors, employees, contractors, or agents. If the Premises are damaged or destroyed
for any cause other than an act or omission of 1FT, CWU shall restore the same as nearly as
practicable to their immediately prior condition. If the Premises are destroyed to such an extent
that CWU in its sole discretion deems it not economically feasible to restore the same, then
CWU may terminate this Lease as ofthe date of the damage or destruction by giving written
notice to that effect no later than 30 days after the occurrence of the event. Similarly, if 1FT in
its sole discretion deems it not economically feasible to continue to occupy the Premises, then
1FT may terminate this Lease as of the date of damage or destruction by giving written notice to
that effect no later than 30 days after the occurrence of the event. If CWU undertakes to restore
the Premises and 1FT does not elect to terminate the Lease, then the rent for the Premises shall be
abated for the untenantable portion, except that there shall be no abatement to the extent that any
such damage or destruction was caused by an act or omission of 1FT.
9. Hazardous Substances. Lessee shall not cause or permit any activities on the
Premises that could result, directly or indirectly, in the Premises or surrounding property
becoming contaminated with hazardous substances, meaning any substance or material
designated as hazardous or toxic waste, or other similar terms, under any applicable federal,
state, or local laws. Lessee shall indemnify, defend, and hold Lessor hannless from and against
any losses, damages, liabilities, judgments, claims, or other costs, including attorney fees, arising
during or after the Lease term and in any way relating to the presence of any hazardous
FLIGHT TRAINING AGREEMENT AMENDMENT NO . 1-
A VIA nON MAINTENANCE FACILITY LEASE
4 •
substance brought onto the Premises or surrounding property by or for the Lessee or under
Lessee's control. This Paragraph 9 shall survive any termination of this Lease.
10. Assignment and Subletting. Neither this Lease nor any right hereunder may be
assigned, transferred, encumbered, or sublet in whole or in part by Lessee, by operation of law or
otherwise, without Lessor's prior written consent, which consent shall not be unreasonably
withheld.
11. Additional Terms. This Amendment No. 1 incorporates by this reference all
other applicable terms of the underlying Agreement.
12. Contingent Approvals. This Amendment No. 1 is contingent upon approval by
other interested parties and shall not become effective until CWU receives the prior written
consent of Midstate Aviation and Kittitas County as parties to that certain Lease Assignment
and Sale of Leasehold Improvements Agreement entered into by CWU, Midstate, and the
County on November 8, 2016.
IN WITNESS WHEREOF, this Amendment No.1 has been executed by and on behalf
of the parties effective as of the day first written above.
CENTRAL WASHINGTON UNIVERSITY
Katherine Frank, Provost
IASCO FLIGHT TRAINING, INC.
Matt Lazenby, VP Flight Operations
APPROVED AS TO FORM
AAG Alan Smith
03.03.17
DATE
DATE
FLIGHT TRAINING AGREEMENT AMENDMENT NO. 1-
A VIA nON MAINTENANCE FACILITY LEASE