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