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HomeMy WebLinkAboutLeaseKITTITAS COUNTY AIRPORT DEPARTMENT OF PUBLIC WORKS ADDENDUM TO LEASE THIS ADDENDUM TO LEASE is made and dated this iq~ay of December, 2017, by and between Kittitas County, a municipal corporation in the State of Washington, hereinafter referred to as the LESSOR, and CENTRAL WASHINGTON UNIVERSITY, and hereinafter referred to as the LESSEE. WIT N E SSE T H: WHEREAS, LESSOR and LESSEE assumed Midstate Aviation's lease pursuant to Resolution 2016-146 entered into on November 8, 2016, a copy of which is attached hereto and by this reference incorporated herein; an.d WHEREAS, the Kittitas County Board of County Commissioners desires accepting limited Fixed Base Operator services from Central Washington University; NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties to a change in contract terms as follows: 1) Paragraph: "Credit for FBO Services is changed to read: Credit for Limited FBO Services" with additional changes as follows: Under the County lease, Central Washington University is entitled to a rent credit of $30,500 per year for providing the limited FBO services described on Exhibit B (Revised) of the County Lease (attached as EXHIBIT 1). Central Washington University shall be entitled to continue to receive $30,500 per year credit for twelve (12) months after the effective Date of this Agreement. 2) Paragraph: "Sale of Aviation Fuels" is removed from the lease. Midstate Aviation Lease Addendum PAGE 1 KITTITAS COUNTY AIRPORT 3) Paragraph: "NOTICES" is changed to remove Midstate Aviation and replace with: Central Washington University Contract and Procurement 400 East University Way Ellensburg, WA 98926-7480 4) Resolution No. 2015-146 is replaced with Resolution No. __ . 5) Exhibit B of the Midstate Aviation lease is replaced with "Exhibit B (Revised) attached to and made a part of this lease. All other terms and conditions of the aforementioned lease shall remain the same. IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed their seals the day and year first above written. LESSOR: BOARD OF COUNTY COMMISSIONERS Ki n C NTY, WASHINGTON Pau II, Chairperson ~ice-Chair Prosecuting Attorney ABSENT WSBA# _____ __ Obie O'Brien, Commissioner LESSEE: ~D ~~ Central Washington University Midstate Aviation Lease Addendum PAGE 2 EXHIBIT 1 (County Lease) }-...., KlnITAs'~ J'NTY AIRPORT DEPARTMENT OF PUBLIC WORKS LEASE . i THIS LEASE made and entered into this 27th day of October, 1998, by and between Kittitas County, a municipal corporation in the State of Washington, hereinaner referred to as the LESSOR, and MIDSTATE AVIATION, INC., a Washington corporation, hereinafter referred to as the LESSEE. WIT N E SSE T H: The Lessor hereby agrees to lease to the Lessee, and the Lessee hereby agrees to lease from the Lessor, the real property described as fol!ows: See Exhibit 'W attached hereto. Containing 95,396 square feet, more or less This lease is made in accordance with RCW 36.34. lE;B.M: The term of this lease shall be for twenty-five (25) years and will commence on the 1 st day of November, 1998, and terminate on the last day of October, 2023, except as provided hereunder. RENT: Rent shall be paid in advance on a monthly basis, with the first payment due on or before the 1st day of November oi each year beginning with November 1, 1998, and continuing thereafter until termination of this lease. The rental for each year shall be as foliows: 11/01/98 -10/31/04 Land lease rate -95,396 sq feet @ 6 cents pr sq ft == $ 5.724 per ye2f 11101/98 -1 0/31/04 Main hangar building iease rate @ S2.00 per sq ft = $40,000 per y,,2r 11/01/98 -10/31104. (6,534 sq ftl l.and lease for Moe building site @ 6 cent pr sq ft "-$ 392 per yea INVESTMENT CREDIT (20 YEARS) 11/01/98 -1 0131199 11/01199 -10131/00 11101100 -1 0131/01 11/01/01 -10/31/18 MIOSTATE AVIATION LEASE Page 1601'33 [$ 10,000J [$ 10,000] == ($ 7,500] [$ 7,500] per ye2r PAGE 1 .' KITTITAS COUNTY AIRPORT (This eredit represents the investment Midstate Aviation paid for improvements into the new main hangarconstructl on) CREDIT FOR FBO SERVICES A credit of not less than $20,000.00 ' per year shall be given to Lessee as long as Lessee provides the current leve ot se rviC{ls described in Exliiblt "8" a tached haralO. The credit shall be r~vie~ved each year . If lessee tails to perform .all or a portIon ot thn services. the credit shail be prorated to reilec t the aotual services performed for that year. ADJUSTMENT OF RENTAL. After the fifth YIi#lf'/ (he Lessor sflall '"we (he rlgll( [0 rcodjusr the rem 01'/ or before. November 1 of fhe ·fifth, tonth, f{Ireenrh and fwernieth yenr of this lea~e (or each folJovling five yeaI' perIod; provided, /lowever tJ1at any i f/creaSe! shall NOT' EXCEED THE CUMULA T/VE EFFECT OF THE CPI lNDFIX O VER THE PREVIOUS FJVE YEARS. If the Lessee does not agree with the rental. the Lessee mey requEst arbllrG ti cn. Ii the Lessee elects 0 arbitrate. he lessee shall se\e<;t one arbitrator and tr1e County shall select one arbilrator and ~he two so chosen shall selec::1 R thIrd arb'tr~lo(. The arbilrators shall have the authority to increastl the renl or Cl,ln Inue the previows f2r'11 c1 and bo th parties shall be bound. by the declslon 01 the aroi\rt!tOls. Th<:! ::05: oi arbitration sh"lll be borne by the Lessee. LEASEHQLD TAX: In addition 10 any renrdl hQrem provided. the lesse~ sflc;1I pay to Ihe ~essor tlie le~sel1old tax as set fOrih b'lthe State of Washinglon in Ch ap ler 61, LeNIS of 19i6. SeCOnd Executive Session (RC.W 62.29A) O( as amended. The tax shall be dus and payable at the s2rne lime the rental charged herein IS due and payable. FIRE PROTECTION ASSESSMENT. /n addition to any rental he(~tn provided. ih_ lessee shall pay an annual fee wh ich shalt be In lieu oi ~axes for fire P(0l8CHon se-('1ico;s. 2 sum equal lo $1.00 (plus any specia l tevies of the Fire Di::;ttict whien l ias rEcmveo . Ot~r approval) per $1.000.00 oj appraised value of land a r d ,mproven'1€nts oj the W-C!lIsd premises. The value of Ihe leased premIses shall b delermi ned by the Kiimas Couray Assessor . Th~s fee snall be due annu<;IJly e<'lch and every year dunng Ihe term ;;:nd shall he due and payable on the is 'day of March of each year Ul'IUiIES: T he Lessee sha ll pay for extension of and all Jtllity servlCS S supph€C Ie (/'Ie premises. AJ'ly such extensions shall be suo;ect 10 ti)e <ldvance revi ew oi It-,e L!:ssOI pURPOSE. The Lessee shall utiltze U1e premises for Ihe rental of a lr\:fa;t. fly ing lessons, providing iuel ancj repair services to aircra I and any other approved aviatIon related activities. MIDSTATE AVIATION LEASE. PAGE 2 Page 17 of JJ 1'::' · .' -. KITTITAS COUNTY AIRPORT SALE OF AVIATION FUELS: The Lessee shall sell and dispense during reasonable business hours aviation fuels of the types and volumes required (and which are available for resale) by the users of the airport facilities. The Lessee shall collect a fuel flowage fee as established by the County and shall remit all fees collected to the County on a quarterly basis . The County shall have the right to audit the fuel sales and use. The County shall notify the Lessee of any ordinances Dr resolutions which may periodically change the fuel flowage fee. The Lessor shall be responsible for the repair and maintenance of the fuel facility equipment. The Lessee shall be responsible for the day-to-day operations of the fuel facility equipment. RULES AND REGULATJONS: The Lessee agrees to comply with all pertineni rules and regulations of the federal, state and local governments, as well as the rules, regulations, ordinances, and minimum standards of the Kittitas County Airport (Bowers Field), as are presently in effect and may in the future be adopted. The rules , regulations, ordinances and minimum standards of the Kittitas County Airport (Bowers Field) are made a part of this Agreement and shall have the same errect as though written herein. A copy of the Kittitas County Airport Standards is on file in the offke of the Kittitas County Department of Public Works LESSEt'S BUILDINGS~ The County hereby acknowledges thai the Lessee owns the original Midstate Aviation office building (purchased from Ellensburg Flying Service. 40' X 55' office building) and the trailers on the previous Midstate Aviation lease . At the end of the term (including any accelerated termination) of this lease, the Lessee shall remove said buildings from the premises within 30 thirty days. Failure to remove shall cause said improvements to become the property of the Lessor. All costs for such removal, including costs to remove debris from the site, repair any damages, and provide tie orrs for utility connections to the satisfaction of the Lessor, shall be the sale responsibility of the Lessee CONSTRUCTION: Any new proposed structures or improvements shall conform to required minimum setbacks as determined by the Kittitas County Building Department Prior to construction, the Lessee shall submit a written plan and specifiC2tions for the construction work, including any proposed extension of utilities, and said improvements shall not be constructed without said plans having first been approved, in wriiing, by the Lessor's Director of Public Works and the Director of the Building Department. Any future improvements upon the leased premises shall belong to the Lessee 2nd shall be removed within thirty (30) days at the expiration of the term of this lease or any subsequent term of this lease .. In the event the Lessee is directed to remove said building and improvements, the work shall be completed within thirty (30) days of the termination of the lease. The Lessor shall provide the Lessee notice in writing at least 30 days prior to the termination of the Lessor's intent for such removal. In the event notice is not given, or the Lessee fails to complete such removal within the prescribed time limits, the building and other MIDSTATE AVIATION LEASE PAGE 3 Page 18of33 KlnlTAS COUNTY AIRPORT improvements slilall become the .p(operty· o· the Lessor <;I'\d any removal ~ts shall he assessEid the lessee. COU NTY MAIN HANGAR REPAIRS: The maintenance and rapal r oi Ihe j::foposed hangar S1ruclure and other imp rovements shall be the responsibility of the Lessor, irlclud'tng ulliltle with in the leased area . MAINTENANCE: The Lessee agrees that it will not col'nmit waste ard .nat i l ~iII keep said pr,emlses In a 'saie, sanitary, neal. presentable, and otherwise goad condition, and In general shall comply with all the aRpHcable governmental rules" ordinii!ncss and mgulatlons as may be required or imposed by sum aulhorilies 01'\ said premises and shall comply w ith eny direction pursuant 10 law .of any puplic officer cr .officers whO s.'"Iali be ernp<)wereo 10 enforce lecal. state and federal rules. regulations 2nd ordinances upon Ihe Lessee wi th respect to L~e said premiSes or Ihe use, OCCt:lpClncy. or control the(~f ~nd snail not suffer any improper or ofiensille 4se of said premises. AREA MAINTENANCE: Lesse.e. shall, dUring the term ef ttl is lease. ma intain l1e are a between the building and bqundary line or sa id lease to th e satisfaction of the Less(l~. Th 'a rea shall be kept free ·ef all debns, weeds and brush for the term or thl/; leaSE;. Lessee shall reimburse the Kiltitas County Weed Po.uIhorl ly o r Kittitas County Depanmer'lf of Public Works jar any COSlS incurrad in the even! that the County Weed Authority Of Kltti!as County Oeparlme: It of Public Works undertakes noxious weed or vegetation control me'aS\IrE £ INSURANCE: The Lessee shall obtain and mClinlaln in force during thta term of m i~ agrl"~men t a l1abillty insurance policy. which provjd~S p'rolection for bodily injury (i rtduOIn<;J de<:!lh) and property def11age. Said insurance shall provide coverage by Ihe LEssae 10 ,ali]' employees ~ perm i Uees of the Lessee, and shalJ name (he Lessor as COrnsUl eo. Pur~uanl to Resol ution No. 88~73. or 9:S may be BmencJe herea;<L'f, ,,;ability Insur,lflce policy shall have th e following provisions, a t a minimum: 1. Premises and leased area liability coverage in an amount not less tr.an $1 ,000,000.00. 2 Provide ror nOI less han th,rty (30) days advance written notice to Kittitas County regaf d ng any material change far tetminalion of the policy . Lessee hereby release.s Lessor of and from every -and all riohl, claim End cJ!o/.nand 'Iha! lessee may hereafter have against Lessor., Its successors or assigns, dnslr.g out oi o r III conneclio(1 with any loss (lr losses cr...casion€Jd by fire ~nd such Hems as are .lnclUded u nder Ihe normal xlendec coverpgeclaus es oi i nsurance policies. and does hereby W;:NC all rigl1iS or s brogati9n In favor of instJfance ~niers against Lessor ariS ing oul 0"/ t:ny losses o~s i o l e<'J by lire and such items "'S are Included under the r lorm~1 eXi encer! covcerage clauses of fife insurance policjes, and sustained by Lessee in 01 to I/1S s~;c; premises and lea sed area. The Lessee shall provide the Lessor with a copy of said policy. MIDSTATE AVIATION LEASE PAGE 4 Page 1 <) of33 KITIITAS COUNTY AIRPORT AI RP ORT TRAFFIC: It is underslood and agreed tha i the eases's use of sa id p rem ises and leased ar ea shall nOl In any me ner nle rfe r or-restr ict the use 0 akera land ings. take-Offs, or storage of airqall as Ihe airport IS presently oo nstructed Le ss ee shall comply with all ru les and regu la ons of the Fedar al Avi atio n lI.d ministr ation. Washi ngton Stale Departm ent o f Transpona,ti o n Aeronauti cs Division, and th e Klt ilas County Airport Standards. HUNTING: Hunting or discharging of firearms will not be permitted on or from said premises or leased area . NOTICES' Any notice given by one party to the ot her in co nnection with this agreement shail be in writing and shall be sent by certified or regi stered mail , reiurn receipt requested as follows: 1, If to Lessor, addressed to : Kittitas County Department of Public Works 205 W. Fifth. Room 108 Ellensburg, Washington 98926 2_ If to Lessee, addressed to: Midstate Aviation, Inc . 1101 Bowers Road Ellensburg, WA 98926 Notice shall be deemed to have been recei v ed on the date of receipt as shown on the return receipt. Notice need be sent to but one lessee where the Lessee is more than one person. ATTORN EY FE ES: In case Lessor shall bring suit to recover any ren t due hereunder, or for breach of any provision of this lease, or to recover possession of the leased premises, or if Lessee shall bring any action ror any relief against Lessor, declaratory or otherwise, arising out of this lease , the prevai ling party shall recover reasonable attorney fees which shall be determined and ta xed by the COUll as part oj the costs of such action_ R IGHT S OF TH E U .S, GOV ERNME NT.: The Lessor h olds title to the properly herein leased, partially by virtue of a deed f rom the United Stales Government_ A CODY of said deed is availab!e for inspection at the office of the Kittitas County Department of Public Works, hereto and made a part of this instn.Jment 2S though fully set forth herein. l _esses agrees that it will do nothing which will cause the Lessor to be in violat ion of the terms of said deed. Lessee furthermore agrees that it hes had ample opportun ity to raview said deed and is aware of all of the terms and conditions therein MIDSTATE AVIATION LEASE P AGE 5 Page 20 of3 3 KITIITAS cOUNTY AIRPORT A FFIRMAn VE A C110N: The Lessee assures that it will undertake an affirma ti v e acliCim program as required by 14 CF R Part 15 2, Su bp art E., \0 insure that no person shall. on Ihe gr oun ds o f r aea, cre ed , c o ior , nalion al origin or sex, be excluded (rom part icipatin g ill any emplqymenl activi ties cove red i n 14 CF R Part 152, Subpart E. The Lessee assures that no peTson shall be excluded on thes e grounds from pa rti cip ating In, or re ce lV1i1Q lh services or benefits of, any p rogram or aC!ivlty CGve red by th is subpa rt, The LesS'ea' a ss ures it ',ljll require that its covered suberganizatfo n s pro vide assurance 10 the Lessor thai they simHarly will und ertake a fflCmatlve action programs and that -they will requi re assurances from their suborganizatia ns as re qu ir-ed by 14 CFR Part 152. Sl)bp art E, to the same effect. ASSIGNMENT: The Lessee shall not assign this lease nor sublet any portion thereof w ith ou l fi rst o otaining the written consent of the Lessor, which written consent will be evidenced by passage of a resolution assigning the lease, H OLD HARMLESS: The Lessee hereby agrees 10 indemnify and hold hormless the Lessor from any and all claims or demands whatsoever arising out of any loss , damege, or injury to persons or property resulting from the Lessee's use or occupancy of seid premises and leased area, or caused by the acts or neglect of the Lessee, his agents or employees , BANKR U PTCY : It is further agreed and understood that in case of the insolvency or bankruptcy of the Lessee, or any ass ignment for the bellem of ere di e rs or the ~ppointm e nl of a receiver for the Lessee, th is l ease shall be immedi ately forfeited and shall be of no further iorce and effect, and that the Trustee in Bankruptcy, Receiver, or Assignee for the benefit of creditors shall not have any rights whatsoever in the demised premiSeS . DEFAULT: In the event the Lessee shall fail to comply with any of Lessee's commitmen ts , duties or responsibilities under this lease, or any of its conditions or terms as herein stated, the Lessor may terminate this lease by giving thirty (30) days written notice of the conditions or terms being violated . If said failures are not corrected within the thirty (30) day period, this lease may be terminated and the Lessor shall be entitled to peac8cDly retake possession of the premises, provided the Lessee shall have the right to remove improvements as herein provided WAIVE R: No assent, express or implied, by the Lessor to any breach of any of Lessee's covenants , agreements, conditions or terms hereof shall be deemed or taken to be a waiver of any succeeding breach of any covenant , agreement, condition or term hereof. VENUE , In the event of any litigation between lessor and lessee ariSing out of this lease, the venue for such action shall lie in Kittitas County, notwithstanding 2ny contrcry provis ion of th e Revised Code of Washington, A PRLlCABll1TY The covenants, agreements, terms and conditions contained in Itlis lease shall apply to and b e binding upon Lessor and Lessee and their respective he i rs, executors , administrators, successor and assigns , MIDSTATE AVIAT ION LEAS E P A GE 6 Page 21 of33 KITIITAS COUNTY AIRPORT IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed their seals the day and year first above written. MIOSTATE AVIATION LEASE LESSOR: BOARD OF COUNTY COMMISSIONERS KITII:AS COUN tWASHINGTON ~,fL{.J.e.d Chair erso '. LESSEE: . ~) M:[D TATE AVIATI ~N, INC. ~ t)~' \~ Ron Mitchell "" _ ... Page 22 of33 PAGE 7 ~ .) o ,; r I ,.\ X \ 'v'J /\ 'I , ~. l \,)-.s ~'(.!='?~ .... ~_ 1 0 .00· ~I \l ~ s l~ 1I , ., , g l ~ ~It~ :;Q' Acc, G,,'1! _---... I,· tn , )')""O':{\::'O'f'7~" .',,=. , f.3tnl.t7lvc.. <l~O\ L~A,H. '-'l-=4 O .,::: 1-'-V',,-,,' >0" "'i _'l o,o:_ l3UILUI a.>C ... ~, 'to'] L£A~E. i " °i'..l ~ "> Q <-or ::1 !>'IAlN I-\hl-.\GAI\ L -----'~v -. I.", ... "" . .)\;.:<. .--;0--, t . ~~ ~ seAL':;::' , .. " So' ,~ I ~' ~ ~-l~--~-''''' ~') I .~ : '1 ---,pk J.) .. a.:: ... -_._'-"--l~JI _-h-BO-UJ.ssi.s , S3,5.0() , . I.:::.: _8Q.I-':'o tl l' u' -------G "'---,- \ -01 I . -11/""'·- I) '!> r Beginning at the intersection of Bowers and Cessna Hoad; thence N. 1°"7'30" E. 30.00 feet to the intersection with the north r ight-or-way line of !lowers Road; thcnce N. 88°12'30" E . 309.12 feet along said north right-of-wilY line; thence N. 1°'17'30" E. 110.80 feet to the True Point of Beginning; thence from the True poin t of Beginning U. 88"1 2 '30" E. 13 .00 feet; thence N. 1°47'30" IL 70 .00 f~et; thence S. 88°12')0" W. 90 100 feet;· thence S . 1°47'30" W. 70 .00 feet; thence N. B8°12'30" E. 7 7.00 feet to the True Point of Beginning and the termination of this description, situated i n Section 24, Twp. 1B N., Rge. 19 E., W.M.., Kittitas County, Washington, containing 0.15 acres, more or less . .~i~ 1 • I }{ ITTliAS COLhJ,,/ A I~pc;g, BoWCf(S F,E:LO PARCEL /J o, 0 1/00 -00.3 L I AUC.\<)'iI~ I'-\a<?. l.eA...'\-<'" ............... __________ ......... , __ -_____ '"_, _ .... ~ ___ . _____ ... -" .... __ .... _ " ... ..__ ___ ··,'"-__ .1-. _________ ···_ r~, r'i o (.-, N OJ :;[) (':; ~ BOARD O.l' COUNTY COMMISSIONERS COUNTY OF KlTTTT AS STATE OF WASHINGTON RESOLUTION NO ... :;0 l:f-/JilL" RESOLUTION TO APPROVE FIXE)) BASE OPERATOR SERVICES AT BOWERS FIELD WHEREAS: Kittitas County currently receives Fixed Base Operator (FBO) services from Midstate Aviation; and W1IEREAS: Kittitas County and Midstate Aviation desire revising the FBO service package supporting airfield operations at Bowers Field; and WHEREAS : The fBO service package is attached to Midstate AviaLion's Bowers Field .lea~e agreement as "Exhibit B"; NOW, THERFORn BE IT RESOLVED The Board of County Commissioners does hereby in the best interest of the public, move to approve ~id Resolution adopting a revised "Exhibit B" to Midstatc Aviation's lease at Bowers Field. AD01.YI'ED this 3rd day of November, 2015, at Ellensburg, Washington 1\ .t",HUH '."';/'J .... ,,\".~ COlv1,\-)I$~ """ .. -:0.... \. •.•.•.•.••..•• ; I,,. "';. f tiY./· '. ,.,~, \~_ f u:' ---" <.1 -; .. BOARD OF COUNTY COMMISSIONERS K1TTlTAS COUNTY, WASHINGTON ABSENT Gary Berndt, Chairman. tJL~ Ohie ' ''':0 , Vice-Chairman Page 24 of 33 Kittita s Cl_'u_n_t"-y ___ _ October 26, 2~O ;.;15 _____ .. _____ Ex_h_ib_i[ n Fixed Hasc Operator SeJ'Viccs -$20,000 per year lessee credit Maintain and staff FHO office, to include a pilot lounge, tran~i~nl pilol wealher infonnation and night planning room, and vending machines a minimuin of l! hour s per day. 6 clays per week . Furnish, clean. and stock restroom s available to the general public 24 hours per day . 7 days per week . Provide courtesy vehicles for transient pilot usc suhject lO avail ability. Manage County [ie-down area. Coordinate with Airport Manager and file NOTAMS with FAA us required for safety of operatinns. Act as security monitor for airport accc!>S through drive-thm and walking gille s. Consult with Airport Manager and support personnel when req\lested on Airport Issues. Operate an aircnlll maintenance and repair facility including airframe, engine , itnd accessory re!,mirs . Provide hOlJsing of County owned fuel facility computer and warning system s. Manage fuel facilities . Provide A vgas and Jet fuels for local and transient pilot usc , Provide J e( refueling trLIck for full scrvice fueling on request. Midsta te Aviation Leas ~-Page 8 Page 25 o f 33 VOLUNTARY TERMINATION OF LEASE This Voluntary Termination of Lease is made and dated this 27th day of October, 1998, by and between KITI1TAS COUNT(. a municipal corporation, hereinafter referred to as the Lessor. and MIDSTATE AVIATION, INC., hereinafter referred to as the Lessee, WITNESSETH: That Lessor and Lessee entered into a Lease on February 2, 1993, a copy of which is attached hereto and by this reference incorporated herein. That the main hangar building collapsed in the winter storm event of 1996/97 that was a pa rl Cif the leas.s . A n~w facility has been built and the configuration of the original lease has baen chang'ed and the leas e does not provide for the new facility. That Lessee has applied to the county for a new lease. A public hearing under RCW 36.34.180 was held on October 6 , 199B, and continued to October 27, 199B, to consider leasing said county property. THEREFORE, both Lessee and Lesser hereby terminates the attached lease of February 2, 1993, as af October 27, 1998, and Lessee terminates all interest in the property which is the subject matter of said lease KITTITAS COUNTY Ju ,~-lli Ron~ • BOARD OF COUNTY COMMISSIONERS DA TE SIG:::N;:E;!O~:~=-=j~+~~ __ OA TE SIGNED:._/_{)....;".k..;,...'c7_7..:;.j)_7.:.;;;",.~ __ Pnge 26 of33 " :.d '" ~JI! IJ '-:.! '-::, i : :,·~vf (~i t (iN .i I-.JC ~~C::'i ~ :.. ~':IU' BU j? 10 1,..' ,J) 1.:', '.'>;.' r. CJ 'J 1..'~ m C' -j' ----('1 -JP 0 O' N 130 'i' ~jO . 51 7 Jj!, , ,IJCL 1 ~I.A"D C] FUll '" T~N'S '"' I' I i ,~ [j I I 0-i! ." ~ U L. > 0 C"l ::: ., :: ~ -----.... C-~ cJ--=--==--- CDMENCING AT rHE INTERSECI ION OF PlPER ROAD AND BO\JERS ROAD, THENCE N SS-12' :lO" E: FOR ('>l~ 9 FEn. THENCE N I' 47' 30' \J FOR 30.0 FtET TO THE rRUE PDlNf or BEGINNlNG. THENCE N l' 47' 30' \J rOR 19980 I EEl, THENCE S SS' 12' 30' \J fOR 4277OfTET. THENCE S I' 47' 30' E "OR 89 00 FEET , THENCE S 88' 12' 30 ' \J FOR 9 0,00 'EET. THENCE S I' 47 ' 30' E rOR IW.OO rrET . THENCE N 88 ' 12 ' 30' E FOR 51778 FEET. TO THE PorNT or BEGINN I NG. CONtAINING 2191 ACRES MDRE OR LESS Page 27 of33 -------- ------, EXHIBIT 2 (Lease Addendum) KITTITAS C .... "NTY AIRPORT DEPARTMENT OF PUBLIC WORKS ADDENDUM TO LEASE THIS ADDENDUM TO LEASE Is made and dated this L_~ day of~~r~l2014, by and between KittItas County. a municipal corpor'liion in the State of Washington, hereinafter referred io as the LESSOR, and MJDSTATE AVIATION INC., and hereinafter referred to as Ihe LESSEE. WIT N E SSE T H: WHEREAS, LESSOR and LESSEE entered into a Lease on October 27. 1998. a copy of which is attached hereto and by this reference incorporated herein; and WHEREAS, according to Paragraph 3 'Adjustment of Rental". it states " After the fifth year, the Lessor shall have the right to re adjust the rent on Dr before November 1'1 of the fifth, tenth. fifteenth and twentieth year of this lease"; WHEREAS, it has been agreed between LESSOR and LESSEE that the following CPI Index wiJ! be used for future rental increases. "CPI -All Cities-All Items Size Class 0 Under 50,000" NOW. THEREFORE, IT IS HEREBY AGREED by and between the parties to a change in rental rates and contract terms as follows: 1) "Paragraph #2 -Rent" -Renlal Rates for 11/01113 thru 10131/18 Term . Land lease rate -95,396 sa fe1!t 11l0j/i 3-10{31/18 Previous Rat!! Rental Rate .., T9rm P9r Year ($.067 per Sq FI) Not Including Leasehold Tax' $6.200 .74 1110 1113-1 0/31/14 $ 6 ,347 .08 11/01/14-10/31/15 $ 6.347 08 1--. 11/Q1115-10131/16 $ 6,347 .08 11/01/16·10131117 $ 6,347 ,08 f -11/01/17·10131/18 S 6347.08 L-.. 11/01118 ! .. Rene~Oliate 'Tho cUm1nt Leasehold E~cis9 Tax Rate ,'s 12 84%. as tJateflninetJ by thn Slate of Washington and is suhject to change Page 28 of33 K) I TIT AS COUN TY AIHPQfH Fuel Tank Rental rate - 11101113·10/31/18 Previous Rate Rental Rate Per Year Term Per Year Nat Including Leasehold Tax' N/A 11101/13·10/31/14 54,000.00 11/01114 ·10131/15 $4,000 .00 11/01/15·10/31116 $4,000.00 11/01/15-10/31117 $4,00000 11/01/17·1 0131118 $4,000.00 11/01/18 Renegotiate 'The GII""nl LBo.eiJold Excise TIlX Rete is 12.84%, as delelmlflJ3d by Ihe Slate of Washington "nd;s sub}9cl to cMnga. Ma ll) ha n gar build in g leas e (20,000 59 Ftt 111011'13,:1 0/3 j)18 Previous Rate Rental Rate Per Year Term {$2.30 per Sq. Ft.) ($2.354 per Sq . Ft) Not Inclvdlng Leasehold Tax" $46,000,00 11/01113-10/31/14 $ 47,085 ,60 -11 /01/14-10/3 1/15 $ 47,085,60 11/01/15-10/31/16 $ 47.085 ,60 11/01/16·10/31/17 S 47,085.60 11/01117-10131118 $ 47,085,60 . 11/01/18 Renegotiate . ~ --. 'The CUlT9nt Leasehold Excise Tax Rate ;s 12.84%, a.' determin.d by the Stata 01 Washlilgton 8m' is subj..cl 10 ChMgC Land le a se for ' M Ot! b u ilding (6,534 SCI rt): 1'1/01J Q3·;O/31 IDB Previous Rate Rental Rate Term ($ ,065 per Sq Ft) ($.067 per Sq Ft) Not Including Leasehold Tax' $ 424.71 .. _-----11/01/13-10/31/14 $ 434.73 ... or 11/01/14-10131115 $ 434 73 -, 11/01/15·10/31/16 $ 434 .73 11/01116-10131/17 $ 434,73 . 11/01/17·10/31/18 $ 434 .73 11/01/016 Renegotiate 'The Cllrronll.p.asBlJold t'KrjsB 7aK Rat. is 12 84%, as d e /ermined by INs Swte of Wa stlington and is slIblae/lo c/I.nge, Page 29 of33 ~ITTITAS COUNTY AIRPORT 2) "Paragraph #8 -Sale of Avlsti!)n Fuels" -will read as follows: The Lessee shall sell and dispense during reasonable business hours aViation fuels of the types and volumes required (and which are available for resale) by the users of the airport facilities. The Lessee shall collect a fuel flowage fee as follows: GALLONS PUMPED FUEL FLOWAGE FEE PER GALLON o to 50,000 Gal. $.06 50,001 -75,000 Gal. $.04 75,001 or More Gal. S.02 3) "Paragraph #5 -Fire Protection Assessment" -will read as follows: In additkm to any (enlal he reJn provided , the lessee uh,sll pay a fee whioh shall bo In lieu of IIIX9S (or firs pro/soUOI) selV/ces , The snnual rale shall b& basi!d upo n :he ann ual nre asses,smenl detiumlnod by Ihe KlImas County Ass~s6o r, and Fire , Dlslricl #2 to be calc ,Jl ate(l, on Janul.uy 1'1 of !he.,(:urrllnl yea,r. Tho a.ssossme nt sholl be due and payable concurrently with the lease payment or through Personal Property Ta)(es . All other terms and conditions of the aforementioned lealle shall remain the sarna IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed their seals the day and year first above written. LESSOR: BOARD OF COUNTY COMMISSIONERS I<ITTT COUNTY, WASHINGTON Approved as to Form: Prosecuting Attorney WSBA # ______ _ Midslat. Avialiol> Lease Addondum PAGE J Page 30 of 33 ~~~~i~§ ~~"~J .-,,< r'-iJ"" ....... ~ ~ .. , 00 o N o o EXHIBIT 3 (Description of Property) Page 31 of33 EXHIBIT 4 (Form of Bill of Sale of Midstate Office / Main Hangar Building) BILL OF SALE IN CONSIDERATION of the payment of tcn dollars ($10.00) and other good and valuable consideration, SIERRA ROMEO, LLC, a Washington limited liability company ("Seller"), does hereby sell, transfer and deliver to Central Washington University, a public institution of the State of Washington C'Purchaser") all Seller's right, title and interest in and to the personal property described as Tax Parcel 951461 (the "Vern Mitchell Building," also known as the "Moe Building"), a 3,600 square foot building. Seller warrants to the Purchaser that Seller is the lawful owner of the property and the property is free from all encumbrances. Seller makes no other warranty, express or implied, to the Purchaser. The property described above is sold to Purchaser in "AS IS" condition, and Seller makes NO IMPLIED WARRANTY OF MERe! fANT ABILITY AND NO IMPLIED WARRANTIES OF FITNESS as to such property. DATED this _~~ day of _____ ~ ___ , 2016. SIERRA ROMEO, LLC, a Washington limited liability company By: SONJA MITCHELL Its: Manager I have read and hereby acknowledge receipt of the original copy of this Bill of Sale. CENTRAL WASHINGTON UNIVERSITY, a public institution of the State of Washington By : _________ [pri nl name] Its : Iprin1 title] Page 32 of 33 EXHIBIT 5 (Form of Bill of Sale of Midstatc Ground and Flight Training Building) BILL OF SALE IN CONSIDERATION of the payment of ten dollars ($10.00) and other good and valuable consideration, SIERRA ROMEO, LLC, a Washington limited liability company (,'Seller"), does hereby sell, transfer and deliver to Central Washington University, a public institution of the State of Washington ("Purchaser") all Seller's right, title and interest in and to the personal property described as Tax Parcel 951466 (the "Midstate Ground and Flight Training Building"). Seller warrants to the Purchaser that Seller is the lawful owner of the property and the property is free from all encumbrances. Seller makes no other warranty, express or implied, to the Purchaser. The property described above is sold to Purchaser in "AS IS" condition, and Seller makes NO IMPLIED WARRANTY OF MERCHANT ABILITY AND NO IMPLIED WARRANTIES OF FITNESS as to such property. DATED this __ day of ________ • 2016. SIERRA ROMEO, LLC, a Washington limited liability company By: SONJA MITCHELL lls: Manager I have read and hereby acknowledge receipt of the original copy 0 f this Bi 11 of Sale. CENTRAL WASHINGTON UNIVERSITY, a public institution of the State of Washington By: --------_1 print name] Its: [print title] Page 33 of 33 RESPONSE TO KITIITAS COUNTY REQUEST FOR PROPOSAL (RFP) FOR LIMITED FIXED BASE OPERATORS (FBO) SERVICES AT BOWERS FIELD, ELLENSBURG, WASHINGTON November 2017 CENTRAL WASHINGTON UNIVERSITY PROFILE Central Washington University (CWU or Central), is home ofthe Wildcats, and is located in the historic town of Ellensburg, WA. The doors of the Washington State Normal School (later CWU) opened in 1891. Central is a public university that has a 380 acre campus, and features beautifully maintained historic buildings as well as state-of-the-art facilities. Each year CWU graduates thousands of well-educated citizens who are ready for high-demand careers in the workforce, including aviation. The Department of Aviation (DA) is one of the departments within the College of Education and Professional Studies (CEPS) at Central Washington University (CWU). It has been offering undergraduate programs in aviation since 1975. CWU has the only publicly funded four-year aviation degree in Washington and has been serving students and employers for over 40 years. The Aviation Department academic programs are designed and continuously updated to meet the needs of students, community, and industry. CWU Aviation is uniquely positioned to continue to meet the needs of the airline industry for university educated pilots and aviation managers. SCOPE OF PROPOSED FBO SERVICES This proposal covers the following FBO services until midnight of December 31,2018: • During business hours maintain and staff an FBO Office at Bowers Field including a pilot lounge, transient pilot weather information and a flight planning room. • Provide and maintain a vending machine supporting pilot snacks available a minimum of eight hours per day, six days per week. • Furnish, clean, stock and maintain restrooms available to the general public 24 hours a day, seven days per week . • Rental Car Arrangement: CWU has a current agreement with Enterprise Rent a Car. CWU Aviation dispatching department can coordinate car rental services for transient pilots. There could also be a call out service that CWU Aviation will provide after hours. • Tie Down Management: (i) Provide ropes, tie downs to visiting pilots for a service fee, (ii) Overnight tie down needs -collect Aircraft Tail #'s to provide to County so they can collect fees. • Coordinate with the Airport Manager and file NOTAMS with the Federal Aviation Administration as required. • Act as security monitor for airport access through all gates. • Runway check once a day (Monday through Saturday). • Runway check once a day (Monday through Saturday). • Central is willing to provide additional services as determined and agreed to by the Airport Manager. The price or fee of these additional services will be negotiated with the Airport Manager. 1. EXPERIENCE AND QUALIFICATIONS Since 1975, the aviation program of Central has been operating out of Bowers Filed airport, in Ellensburg, thus the ties between the University, the City, the Airport, and Kittitas County are strong, which makes CWU a natural provider of the FBO mentioned in this RFP. A high percentage of the traffic at Bowers Field Airport is due to the flight training conducted by CWU. To be more specific, more than 80% of takeoffs and landings at Bowers Field Airport is by Central's flight training activity. Additionally, for the past year, CWU has been furnishing, cleaning, stocking and maintaining restrooms and making them available to the general public 24 hours a day, seven days per week. CWU is proud of rendering this service at no cost as there is no public restroom facility available within the vicinity of Bowers Field. Currently, Central occupies the main hangar building at Bowers Field airport, which has a functioning pilot lounge and vending machine to support pilot snacks and refreshments. There are tie down facilities at the ramp on CWU-Ieased property. These facilities would enable CWU to assume the FBO services immediately without additional efforts. Some of the faculty and staff who are currently involved in CWU's flight operations at Bowers Field have had years of various types of FBO related experience directly or indirectly. Some of these individuals include Andrew Mclrvin, Michael Montgomery, Rebecca Montgomery, Adam Houlney, and Jim libenow with a combined experience of 59 years in related aviation support services. This experience would enable our faculty and staff to provide exemplary FBO services. Additionally CWU has a history of more than 100 years providing services to the public. 2. PRICE STRUCTURE The total annual cost of the services mentioned in this RFP will amount to $34,000.00 PROPOSED FBO SERVICES COST Maintain and staff during business hours an FBO Office at Bowers $10,000.00 Field including a pilot lounge, transient pilot weather information and flight planning room. Provide and maintain a vending machine supporting pilot snacks $ 500.00 available a minimum of eight hours per day, six days per week. Furnish, clean, stock and maintain restrooms available to the $ 5,000.00 general public 24 hours a day, seven days per week. Coordinate rental cars for pilots with area rental car providers . $ 3,000.00 Manage the County's tie down areas . $ 500.00 Coordinate with the Airport Manager and file NOTAMS with the $10,000.00 Federal Aviation Administration as required. Act as security monitor for airport access through all gates . S 5,000.00 Central is willing to provide additional services as determined and $ - agreed to by the Airport Manager. The price or fee of these additional services will be negotiated with the Airport Manager TOTAL $ 34,000.00 3. REFERENCES This is a list of references who have worked with CWU related to having services provided and those specifically related to aviation. Reference Contact Information 1. Matt Boast (Kittitas County PUD General Manager) 509-933 -7200 2. Bill Houston (Long Time Pilot/Retired Alaska 509-899 -1030 Airline Employee) 3. Rich Elliott (Mayor -City of Ellensburg) 509-962-7221 elliottr@ci .ellensburg.wa .us 4. Julie Peterson (CEO -Kittitas Valley Healthcare) 509-962 -7302 4. CONTACT for CENTRAL Sundaram (Raj) Nataraja Professor and Chair, Department of Aviation 509-963-2386 (sundaram.nataraja@cwu.edu) KITTITAS OOUN~ DEPARTMENT OF PUBLIC WORKS Mark Cook, Director December 07, 201 7 Mr. Sundaram Nataraja Professor and Chair, Department of Aviation Central Washington University 400 East University Way Ellensburg, WA 98926-7480 RE: Limited FBO Services at Bowers Field Dear Mr. N ataraj a: The Kittitas County Board of County Commissioners has directed me to thank Central Washington University for responding to our recent solicitation for limited fixed base operator services at Bowers Field. We are pleased to notice you of the Board's decision accepting your proposal with the following deletions from the service package: • Removal of "Coordination of rental cars for pilots with are rental carproviders". • Provide and maintain a vending machine supporting pilot snacks available a minimum of eight hours per day, six days per week. The elimination of the two items listed above reduces Central's cost proposal to $30,500 per year. The Board of County Commissioners has instructed me to prepare a lease amendment to Central's lease with the County. The lease amendment will accept Central's proposed service package as amended above and formalize an annual lease credit in the amount of $30,500 per year until the end of the lease or as mutually amended in the future. Sincerely, }t~/i! ~ /{?C!:tI~ Mark R. Cook Bowers Field Airport Manager 411 N. Ruby, Suite #1 Ellensburg. WA 98926 TEL (509) 962·7523 FAX (509) 962·7663