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Home My WebLink AboutLeaseAddendumCWUFBOExtensionKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA STAFF REPORT AGENDA DATE: March 19, 2019 ACTION REQUESTED: Request to Sign the Lease Amendment Extending Central Washington University Limited Fixed Base Operator Services to December 31. 2019 BACKGROUND: Central Washington University (CWU) Fixed Base Operator services for ELN expire 03/31/2019. The Board of County Commissioners authorized service extension with Resolution 2018-227 terminating at midnight on March 31, 2019. CWU contracting staff is requesting an amendment to their existing lease formalizing the lease amendment. Staff suggests extending to 12/31/2019 with the ability to mutually cancel upon 30 day notice from the Board of County Commissioners. INTERACTION: Public Works RECOMMENDATION: Sign the lease amendment HANDLING: Return one original to Public Works ATTACHMENTS: Lease Amendment with CWU LEAD STAFF: Mark R. Cook, Director BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2019 - CENTRAL WASHINGTON UNIVERSITY LEASE AMENDMENT FOR LIMITED FIXED BASE OPERATOR SERVICES EXTENDING SERVICES THROUGH DECEMBER 31, 2019 OR UPON SERVING 30 DAY NOTICE TO CENTRAL WASHINGTON UNIVERSITY'S ASSOCIATE DEAN AND DEPARTMENT CHAIR OF AVIATION WHEREAS: The Kittitas County Board of County Commissioners approved a lease amendment (attached) with Central Washington University (CWU) crediting their Bowers Field Lease for Limited Fixed Base Operator (FBO) Services on December 19a', 2017; and WHEREAS: The Kittitas County Board of County Commissioners (Board) desires extending said lease credit for Limited FBO until midnight on December 3151, 2019; or upon serving 30 day notice of cancelation to CWU's Associate Dean and Department Chair of Aviation; and WHEREAS: Central Washington University is willing and has the resources to extend current Limited FBO Services as requested by the Board; and NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby Amend the Addendum to Lease (12-19-2017) with Central Washington University extending Limited FBO Services until midnight on December 315`, 2019 or cancelation of said services with 30 day notice to CWU's Associate Dean and Department Chair of Aviation. DATED this 19th day of March, 2019, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman Attest: ❑ Clerk of the Board- Julie Kjorsvik Brett Wachsmith, Vice -Chairman ❑ Deputy Clerk of the Board- Mandy Buchholz Laura Osiadacz, Commissioner KITTITAS COUNTY AIRPORT DEPARTMENT OF PUBLIC WORKS ADDENDUM TO LEASE THIS ADDENDUM TO LEASE is made and dated this 19`h day of March, 2019, 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. WITNESSETH: WHEREAS, LESSEE assumed Midstate Aviation's lease pursuant to Resolution 2016- 146, a copy of which is attached hereto and by this reference incorporated herein; and WHEREAS, the Kittitas County Board of Commissioners desires accepting limited Fixed Based Operator Services from Central Washington University; and 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 an additional three (3) months after the effective Date of this Agreement (12119117), terminating on December 31, 2019. 2) "Paragraph — "Sale of Aviation Fuels is removed from the lease. Cenva!',Naswngton University Lease Addendum PAGE 1 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 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 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 KITTITAS COUNTY, WASHINGTON ATTEST: Cory Wright, Chairperson Clerk of the Board Approved as to Form: Brett Wachsmith, Vice -Chair Prosecuting Attorney WSBA # Laura Osiadacz, Commissioner LESSEE: Central Washington University Centrai Aa,26 w.ytu,` Univor'sity BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE. OF WASHING'T'ON RESOLUTION NO. 2018 AMENDING CENTRAL WASHINGTON UNIVERSITY LEASE AMENDMENT FOR LIMITED FIXED BASE OPERATOR SERVICES EXTENDING SERVICES THROUGH MARCH 2019 WHEREAS: The Kittitas County Board of County Commissioners approved a lease amendment (attached) with Central Washington University crediting their Bowers Field Lease for Limited Fixed Base Operator (FBO) Services on December 10, 2017; and WHEREAS: The Kittitas County Board of County Commissioners (Board) desires extending said lease credit for Limited FBO until midnight on March 31", 2019; and WHEREAS: Central Washington University is willing and has the resources to extend current Limited FBO Services as requested by the Board; and NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby Amend the Addendum to Lease (12-19-2017) with Central Washington University extending Limited FBO Services until midnight on March 31 2019. DATED this 20th day of December, 2018, at Ellensburg, Washington. Q Clerk of the Board- Julie Kjorsvik C-Ocputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadaez, Chairman Obie O'Brien, Vice -Chairman Cory Wright, Commissioner BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2018 - AMENDING CENTRAL WASHINGTON UNIVERSITY LEASE AMENDMENT FOR LIMITED FIXED BASE OPERATOR SERVICES EXTENDING SERVICES THROUGH MARCH 2019. WHEREAS: The Kittitas County Board of County Commissioners approved a lease amendment (attached) with Central Washington University crediting their Bowers Field Lease for Limited Fixed Base Operator (FBO) Services on December 19`h. 2017; and WHEREAS: The Kittitas County Board of County Commissioners (Board) desires extending said lease credit for Limited FBO until midnight on March 3151, 2019; and WHEREAS: Central Washington University is willing and has the resources to extend current Limited FBO Services as requested by the Board; and NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby Amend the Addendum to Lease (12-19-2017) with Central Washington University extending Limited FBO Services until midnight on March 31 2019. DATED this 20th day of December, 2018, at Ellensburg, Washington. Clerk of the Board- Julie Kjorsvik L -Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadacz,'Chairman Obie O'Brien, Vice -Chairman Cory Wright, Commissioner KITTITAS CAIRPORT DEPARTMENT PoT OF OF PUBLIC WORKS THIS ADDENDUM TO LEASE is made and dated this lj( aC', ADDENDUM TO LEASE day 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. WITINESSETH: 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, and 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. ,nn X11,,,,:,, ,G�N,nn.Stap �9S , erk ofgiie `B rd Approved as to Form: LESSOR: BOARD OF COUNTY COMMISSIONERS Prosecuting Attorney ABSENT WSBA # Obie O'Brien, Commissioner LESSEE: �P— a I�rcL— Central Washington University N P� Midstate Aviation Lease Addendum PAGE 2 EXHIBIT• I l� (County Lease) KiTTIDEPARTMENT A MEET OF PUSLICW nEPARTMENT OF PUBLIC WORKS =--� LEASE COPY 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, hereinafter referred to as the LESSOR, and MIDSTATE AVIATION, INC., a Washington cdrporahcn, hereinafter referred to as the LESSEE. WITNESSETH: The Lessor hereby agrees to lease to the Lessee, and the Lessee hereby agrees to lease from the Lessor, the real property described as follows See Exhibit "A" attached hereto. Containing 95,396 square feet, more or less This lease is made in accordance with RCW 36.34. TPRM: The term of this lease shall be for twenty-:`ive (25) years and will commence on the 1st day of November, 1998, and terminate cn the last day of October, 2023, except as provided hereunder. RENT: Rent shall be paid in advance on a monthly basis, with the first payr:ent die on cr before the 1st day of November of each year beginning with November 1. 1998, and continuing thereafter until termination of this lease. The rental for each year shall be as fol cws: 11101/96 — 10731104 Land lease rate - 95,396 sq feet @ 6 cents pr sq ft = $ 5,724 per yea; 1 1101 /98 — 10131104 Man hangar building iease rate @ S2.00 per sq It = 540,000 per ye=- 11/01198—lMlID4 (6,534sgft) Land lease for Moe building site @ 6 cert pr sq ft = $ 392 per year INVESTMENT CREDIT (20 YEARS) 11/01/98-10131/99 = [5100001 11/01199 - 10/31/C0 = (5 1.0,000] 11101100 — 10/31101 = [5 7,5001 11;01/01 - 10/31/18 = [$ 7,6061 per ye=r hUDSTATE AVIATION LEASE Yaae 16 o1 3 i PACE I AIRPORT IuTrITAS COUNTY (This credit represents the investment Midstate Aviation paid fer Improvements into the new main hangar construction) -- CREDIT FOR FBO SERVICES given to Lessee as A credit of not less than $20,000.00 per Year shall be 9 long as Lessee provides the current level of services described in Exhibit "a" prorated to reflect attached hereto. The s the shall be reviewed each year. It Lessee 'ails to _ perform actual 811 Of vices ion of the 59 for that yeye credit shall be p he per ADJUST ENT OF RENTAL. Aftthe fifth year, the Lessor shall have the right to of the rent oor f er bet"' November! of the fifth, tenth• fifteenth and twentieth year of this tense for each following five year period; provided, however that any increase shaft NOT EXCEED THE CUMULATIVE EFFECT OF THE CPI INDEX OVER THE PREVIOUS FIVE YEARS. l. If the Lessee does not agree with the rents!, the Lessee me request srbitr- r, If the Lessee elects to arbitrate, the Lessee shall select one arbitrator and Me Cdurty Previous rental shall select one arbitrator and the two se chosen —.11 select a Ih!rd armtra!°'. Irr`I arbitrators shall have the authority to intCreadec ti on cfohet .orb tr to:s.e the p rhe Cost and both parties shall be bound by arbitration shall be borne by the Lessee. ! F_ASEHOLD TA : In addition to any rental herein orovided,,l`in Chapter 61. e Lessee L V to the Lessor the leasehold tax as set if by the State as of 4Vt The of 1976, Second Executive Session (R.C.W 6Ed hereinisis sue and amended yable.tzx shall ha due and payable at the same time the rental charged herein FIRE PROTEC ON eeSwhichMshN I be,n cadd'1'on tO o{ texenfor fire 1prorecilc Provided stl eE`-'= ar Lessee shall pay an annual to $1.00 (plus any specie) levies of the land anatimp ovaments Ilasr �•_th=- ',as --d sum equalraised value of land the Kiritas Ccunty approval) per 51.000.00 of app mists sn211 be dstcr mired by premises. The value of the leased pre Assessor. This fee shall be due annually eacn and every Year during ll;e term and shall e due and payable on the 1 st day & march 01 each year c ;_ d Ic UTILITIES'. The Lessee shall Pay fer extension Of and all utility services sup. ! the premises. Any such extensions sha11 be subiect tc Me advance I Ov18.v of the Lesso. lessons. Providing fuel and repair services to aircraft and arty cthe: approved •rviaGcn PURPOSE: The Lessee shall utili'e the Premises for the rental ci cra:,. ilymg related activities. - -�-- iFGE 2 M!PSTATE AVIATION LE45E PaL'e 17 oI 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 or 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 -today operations of the fuel facility equipment. RULES AND REGULATIONS: The Lessee agrees to comply with all pertinent 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 effect as though written herein. A copy of the Kittitas County Airport Standards is on file in the of, ice of the Kittitas County Department of Public Works. LESSEE'S EUIL DINGS. The County hereby acknowledges that the Lessee owns the original Midslate 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 offs for utility connections to the satisfaction of the Lessor, shall be the sole responsibility of the Lessee CONSTRUCTION: Any new proposed structures or improvements shall canfonn to required minimum setbacks as determined by the Kittitas County Building Department. Prior to construction, the Lessee shall submit a written plan and specifications for the construction work, including any proposed extension of utilities, and said improvemer.!s shall not be constructed without said plans having first been approved, in writing, 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 and shall be removed within thirty (30) days at the expiration of the term of this lease or any subsequent tens 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 tease. The Lessor shall provide the Lessee notice in writing at least 30 days prior to the termination of he Lessors intent for such removal. In the event notice is not given, or the Lessee fail=_ to complete such removal within the prescribed time limits, the building and other MIDSTATE AVIATION LEASE Pai;c IS of .33 PAGE AIRFORT KITrrTAS COUNTY the Lessor and any removal costs shall be improvements shall become the property of assessed the Lessee. COUNTY MAIN HANGAR REPAIRS. The maintenance and repair of the proposed hanc2r structure and other improvements shall be the responsibility of the Lessor, including utilities Within the leased area. MAINTENANCE: The Lessee agrees that it will not commit waste and mat It will said premises in a sale, sanitary, neat, presentable, and otherwise good condition, keep gencomply with all the applicable governmental rules, ordinances and and i $ eral shall may required or imposed by such authorities on said premises and shall regulations er comply with any direction pursuant to law ra any public rules, regulations r ndOrdinances nLOOP te empowered to enforce local, state and federal as or the use, occupancy, or control tnereof End shat: Lessee with respect to the said premis no; suffer any improper or offensive use or said premises. AREA MAINTENANCE: Lessee shall, during the term of this lease, malrtain the area between the building and boundary line of said lease to the satisfaction of the Lessor The area shall be kept free of all debris, weeds and brush for the term of this lease. Lessee shall reimburse the Kittitas County Weed Authority or Kittitas County Department of Public VVorks for ty Weed Departmentaly costs iCurred in the event that the of Publicn nWorks undertakes noxious weed nor vegetation hcon� olority rmeKitties County INSURAN(tE: The Lessee shall obtain and maintain in force during the term o- :ni=. agreement a liability insurance Policy, which provides protection for bodily injury (fnch, Ging death) and property damage. Said insurance shall provide coverage by the Lessee to any employees or perm Meas of the Lessee, and shall name the Lessor as coinsur-_d. Pursuant to Resolution No. E8-73, or as may be amended herea�ier, liability insurance policy shall have the following provisions, at a minimum: t. Premises and leased area liability coverage in an amount net less !,-,at" $1,000,000.00. 2. Provide for not less than thirty (30) days advance written notice to Kittitas County regarding any material change for termination of the policy. Lessee hereby releases Lessor of and from every and all right, claim .rd demand that Lessee may hereafter have against Lessor, its successors or assigns, E, Ising O.,t Oi or In connection will, any loss or losses occasioned by fire and such items as are Inclucec under the normal extended cOveraea clauses of insurance policies, arid does iiF�ei:y wavc all riunts Of subrogation in favor Of insurance carriers against. Lessor arising out of any losses Occasioned by fire and such items as are included under _see inilhe `rohsnsa coverage clauses of fire insurance Policies, and sustained by C4 tG premises and leased area. The Lessee shall provide the Lessor with a copy of said policy. lAOSTATE AVIATION LEASE Paue 19 of—)" PAGE a KITrITAS COUNTY AIRPORT AIRPORT TRAFFIC: it is understood and agreed that the Lessee's use of said premises and leased area shall not in any manner interfere or restrict the use Of aircraft landings, take -offs, or storage of aircraft as the airport is presently constructed. Lessee shall comply with all rules and regulations of the Federal Aviation Administration, Washington State Department of Transportation Aeronautics Division, and the Ki4•itas County Airport Standards. HUNTING. Hunting or discharging of firearms will not be permitted on or from said premises or leased area. NOTICESAny notice given by one party to the other in connection with this agreement shall be in writing and shall be sent by certified or •eglstered mail, return receipt requested as follows: 1. If to Lessor, addressed to. IGttitas County Department of Public Wcr ks 205 W. Fifth, Room 1C8 Ellensburg, Washington 56926 2. If to Lessee, addressed to: Midstate Aviation, Irc. 1101 Bowers Road Ellensburg, WA 98925 Notice shall be deemed to have been, received on the date of receipt as shown on the return receipt. Notice need be sent to but one Lessee where the Lessee is mere then one person. ATTORNEY FEES: In case Lessor shall bring suit to recove, any rent cue hereunder, or for breach of any provision of this lease, or to recover possession of the leased premises, or if Lessee shall brine any action for any relief against Lessor, declaratory or otherwise, arising out of this lease, the prevaili-.c pony shall recover reasonable attorney tees which shall be determined and taxed by the coun as part of the costs of such action. RIGHTS OF THE U.S. GOVERNMENT: The Lessor holds title to the prooeny herein leased, partially by virtue of a deedfrom the United States Government A copy c- said deed is available for inspection at the office of the K'.ttitas County Department of Public Works, hereto and made a part of this instnrment as though fu]y set forth hereinlessee agrees that it will do nothing which will cause the Lessor to be m vtolat on of the terms of said deed. Lessee furthermore agrees that it has had ample opportunity to review said deed and is aware of all of the terms and conditions therein. MIos TATE AVIATION LEASE Pa,C =0 of 3J PAGE 5 NITTITAS COV.NTY AIRPORT AFFIRMATIVE ACTION: The Lessee assures that it will undertake an affirmative adion program as required by 14 CFR Pan 152, Subpart E., to insure that no person shall, or. the grounds of race, creed, color, national origin or sex, be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The Lessee assures that no person shall be excluded on these orounds from participating in, or receiving the services or benefits of, any program or activity covered by this subpart, The Lessee assures it will require that its covered suborganizaticns provide assurance to the Lessor that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations as required by 14 CFR Part 152, Subpart E, to the same effect, ASSIGNMENT: The Lessee shall not assign this lease nor sublet any porion thereof without first obtaining the written consent of the Lessor, which written conseni will be evidenced by passage of a resolution assigning the lease. HOLD HARMLESS: The Lessee hereby agrees to indemnify and hold harmless the Lessor from any and all claims or demands whatsoever arising out of any loss. damage, or injury to persons or property resulting from the Lessee's use or occupancy of said premises and leased area, or caused by the acts or neglect of the Lessee, his agents or employe=_s. BANKRUPTCY It is funher agreed and understood that in case of the insolvency or bankruptcy of the Lessee, or any assignment for the benefit of creditors or the appointrnent of a receiver fo- the Lessee, this lease shall be immediately forfeited and shall be Or. no further force 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 premisas. DEFAULT: In the event the Lessee shall fail to comply with any of Lessee's commitments, 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 peaceably retake possession of the premises, provided the Lessee shall have the right to remove improvements as herein provided. WAIVER: No assent, express or implied, by the Lessor to any breach of any or 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, condi?ion or term hereof. VENUE In the event of any !itigation between lessor and lessee ar,=_irc out of this lease, the Venue for such adior. shall lie In Kitlitas County, notwithstandinc anv contrary provision of the Revised Code m Washington. APPLICABILITY Tne covenants, agreements, terms and conditions contained in this lease shall apply to and be binding upon Lessor and Lessee and their respective heirs, executors, administrators, successor and assigns. M IOSTATE AVIATION LEASC PaLc 211 of 33 PAGE 6 KITTRAS COUNTY AIRPORT IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and a`ixed their seals the day and year first above written. r Prosecuting Attorney WSBA KIIDSTATE AVIATION LEASE LESSOR: BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON —as— Chair erso LESSEE: MID TATE P.V!ATION, INC. Ron Mitchell Pa&c 22 UI ii PAG_ I O e mv Im 0 2 Ott O4 Page 23 of'33 1. 0 z E 4 0 Page 23 of'33 BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTiTAS STATE OF WASHINGTON RESOLUTION NO. .iO/5-- /J� RESOLUTION TO APPROVE FIXED RASE OPERATOR SERVICES AT BOWERS FIELD WHERFAS: Kittitas County currently receives Fixed Base Operator (FBO) services from Midstate Aviation; and WI IERPAS: Kitritas County and Midstate Aviation desire revising the FRO service package supporting airfield operations at Bowers Field; and WHEREAS: 'the FBO service package is attached to Midstate Aviation's Bowers Field lease agreement as "Exhibit B"; NOW, THERFORE BE IT RESOLVED 'flue Board of County Commissioners does botchy in the best interest of the public, move to approve said Resolution adopting a revised "Exhibit B" to tiLdstnte Aviation's lease at Bowers Field. ADOPTED this 3rd day of November, 201 S, at Ellensburg, Washington •' ,'�t coA+!; cl'�'•.,, BOARD OF COUNTY COMMISSIONERS S Q; ___ '.�� KITTTTAS COUNTY, WASHINGTON •, c ��: Gary Berndt, Chairri p0ty Cie of the Board Obis,0 'en, Vice -C ai man c ell, Commissioner Page 24 of 33 Kinitas Count) Oclobcr 26.20) Exhibit 11 Fixed Base Operator Services -$20,000 per year lessee credit Maintain and staff FBO office. to include it pilot lounge, tra sou pilot weather information and flight planning ronin, and vending machines a minimum of X hour per day, 6 days per week, I urnish, clean, and stock restrooms available to the general public 24 hours per day, 7 days per week. Provide courtesy vehicles for transient pilot uw subject to availability. Manage County tie -down area. Coordinate with Airport Manager and file NO I AMS with FAA as required fur SalCty of operations. Act as security monitor for airport access through drive-thru and walking paten. Consult with Airport Manager and support personnel when requested on Airport Issues. Operate an aircrall maintenance and repair facility including airframe, engine, and accessory repairs. Provido lousing of County owned fuel facility computer and warning systems. Manage fuel facilities-. Provide Avgas and Jet fuels for local and transient pilot use. Provide Jet refueling truck for full service fueling on request. Nlid,aate Aviation Lease Pace 25 of 33 VOLUNTARY TERMINATION OF LEASE This Voluntary Termination of Lease is made and dated this 27th day of October. 199B, by and between KITTITAS COUNTY, a municipal corporation, hereinafter referred to as the Lessor, and MIDSTATE AVIATION, WC., 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 c082psed in the winter storm event of 1996197 Na was a part of the lease. A new facility has been built and the configuration of the original lease has been changed and the lease does not provide for the new facility. That Lessee has applied to the county for a new lease. A oublic hearing under RCW 36.34.180 was held on October 6, 1996, and continued to October 27, 1998, to consider leasing said county property. THEREFORE, both Lessee and Lessor hereby terminates the attached lease of February 2, 1993, as of October 27, 1998, and Lessee terminates all interest in the property which is the subject matter of said lease Ron hldchell KITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS I^- Mary Seubert� l M1AaxrA.'Gollaoay, Vice Chair / Bill Hinkle, Commissioner ' DATE SIGNED: IP 107151 Page 26 o F 33 L2LI Lau —11� 9— CUMCNC Nt, AT TrL PIPER DIAD AND 3QWCRS NLA .,TliENCE N 89- IP '0- L O 11) FEET, 1P NCE N !- V, 5-3� v r uR kc FEn T -IL I ---i ICIN I 7F JF (INNN.N1- I,LhC,F N 1- 11' 30' VI FOR 1 -9 OC 1. T�ENCF, S 86- 12 30- W ;0;, 4P, I , TKNCE S j. �.j 3c. L MR BI)r1r, TPENCE s As, 1? 30 w x E-7, T I 4� NCU S :' All - .,0 L JR 18C f T, TPENCE N 86 - i ,0' C rk '-:/ 16 TO 7H,- P31NI OF3[�!,\7Nr., -0��AININ', 2 : 9� A��", NM -W OR J �S Pegg 27 o f i> EXHIBIT 2 (Lease Addendum) KITIITAS C,-NTY AIRPORT DEPARTMENT OF PUBLIC WORKS -- - -- ADDENDUM TO LEASE THIS ADDENDUM TO LEASE is made and dated this _,___ day of WiruP, 2014, by Son oetween Kittitas County, a municipal corporation In the State of Washington, ne entafter referred tc as the LESSOR, and MIDSTATE AVIATION INC., and hereinafter reterred to as the LESSEE. WITNESSETH; WHEREAS, LESSOR and LESSEE entered into a Lease on October 21. 1998, a copy 0 which is aftached hi and by this reference incorporated herein, and WHEREAS, according to Paragraph 3'Adjuslment of Rental", it stases "After the Oflh year, the Lessor shall have the right to re adult the rent on or before November 1°' of the fifth, tenth, fifteenth and twentieth year of this lease"; WHEREAS, it has been agreed between. LESSOR and LESSEE that the fol:owing CPI Index will be used for future rental increases. "CPI -All Cities -All Items Size Class D Under 50,000" NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties to a charge In rental rates and contract terms as follows, 1) "Paragraph #2 -Rent" - Rental Rates for 11101/13 thru 10/31118 Term Land lease rate - 95,396 Sig feet f13.10131118 Previous Rate T Rental Rate Term Por Year (1.067 per Sq Fri Not Including Leasehold Tsz' -_-$6,34708 _ S 6,347.08 $ 6.34,'.00 'nm surtanr LeasehWC Erdsn iex Rafe is 1180%, as:IerennineC nV'hn S:aro cr Waaningfm andis �u(yed fo Mange. Page 28 of 31 1,11 '11 AS COUNT Fuel Tank Rental rate - Term _ 11101/13-10131!14 Previous Rate Per Year 1010 N1A -- Rental Rate Per Year -Previous Not Including Leasehold -- _ £4,000.00 i 11101114-10731115 ----1010— Not Including Leasehold $4,000.00--- Tax' 11/01115-10131!16 1011 11/01/1310731/14 _ $4,000.00 _ 1/01/14 101/31/15 11/01/16-10131117 — ----- - --_--S4 000.00 54,000.00 --- 11101!17-10!31110 11/01110 i_ 1010. _ 11/01118 1010 ._ 1011 _,-.- _ 1. .Renegotiate Renegotiate •7he ci~l Lanaehdd Excise Tax Rate a 12.84%, os detetmhed by the Slane of MAngldn ural IS subject to merge. Main hannar building lease (20,000 So Ft): -1110V 1 3-1 0/31/1 8 Previous Rate Rental Rete Per Year Term ($2.30 per Sq. Ft.) F (S2.354 per Sq. Ft) Not Including Leasehold Tax' 1010 $46.000.00 1011 11/01/1310731/14 _ $47,08560 _ 1/01/14 101/31/15 _ $ 47,085.60 101 1011 _.— _ 71101/75 10!31/16 1011, _-_ -_11/01/76-10131117 1111 _. .. $ 47,085.60 $47,085,60 1110—-• 1110_ 11101117-10/31118 $47,00560 i_ 1010. _ 11/01118 1010 ._ 1011 _,-.- _ 1. .Renegotiate The cuaenr Ldasebold Exdse Tax Rate is 12.84%, as dalermned br the Snalo nl Washl Yui aN is svbjecl to changa Land lease for Moe building (6,534 sn ttl: Term 11/01113-10131114 — Previous Rata ($ .D65 per Sq Ft) --—_Rontai Rate (5.067 pet Sq Fi) Not lnclutling Leaseholtl Tax• $ 434.73 S 4U-7-3 'The curmnf LaasanoW Exrise 7m Rote re 12.84%. ns delemnned dy the Shuo nr •Kaffi(nglan -1d I$ s 4-d Id Jwnpe. M1:Ics'.u:c 4, a.1 -101,1.. .a deuC::m Pi1.0 29 o ( i i xlrr17AS COUh Ty 2) "Paragraph #8 - Sale of Aviation Fuels" - will read as follows: AIRPORT 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 T 0 to 50,000 Gal. $.06 60,001 - 75,000 Gal. $ .eq 75,001 or More Gal. _ $ ,gZ "Paragraph #5 - Fire Protection Assessment" -will read as follows: In addition to any rental herein provided, the Lessee shall pay a fee Which shall be in lieu Of taxes for -Are protection services. The annual rate shall be based upon the annual fire assessment determined by the Kittitas County Assessor and Fire District #2 to be calculated on January I" of the current year. The assessment shall be due and payable concurrently with the lease payment or through Personal Property Taxes. 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 seats the day and year first above written. AR-AST� Approved as to Form: Prosecuting Attorney W SBA # rVIOV.:e Aviation Leese Aadend.,m LESSOR: BOARD OF COUNTY COMMISSIONERS KITT�, WASHINGTON Paul sirpetson Gary BerrM Vice -Chair Midstate Aviation Pace 10 of 33 PAGE J EXHIBIT 3 (Description of Property) Page 31 of 33 EXIIII31T 4 (Form of Bill of Sale of Midstate Office /Alain Hangar Building) BILL OF SALE IN CONSIDERATION of the payment of ten dollars (510.00) and other good and valuable consideration, SIERRA ROMLO, 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 951461 (the "Vem 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 MERCHANTABILITY AND NO IMPLIED WARRANTIES OF FITNESS as to such property. DATED this day of _ _ 2016. SIERRA ROMF.O. LLC, a Washington limited liability company I3y: SOMA MITCHELL Its: Manager I have read and hereby acknowledge receipt of the original copy of this Bill of Sale. CENTRAI. WASHINGTON UNIVERSITY. a public institution ol'the State of Washington By: _[print name] Its: [print title] Page 32 of-," EXHIBIT 5 (Form of Bill of Sale of Midstate Ground and Flight Training Building) BILL OF SALE ]N 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 Gee from all encumbrances. Seller makes no other warranty, express or implied, to the Purchaser. The properiv described above is sold to Purchaser in "AS IS" condition, and Seller makes NO IMPLIED WARRANTY OF MERCHANTABILITY AND NO IMPLIED WARRANTIES OF FITNESS as to such property. DATED this __ day of2016. SIERRA ROMEO, LLC, a Washington limited liability company By: SONJA MITCHELL Its: Manager 1 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: 1print namel Its: 1print titicl Page 13 of 3 RESPONSE TO KITTITAS 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 of the 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. e 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-leased 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. $ 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) 1 509-933-7200 2. Bill Houston (Long Time Pilot/Retired Alaska i 509-899-1030 Airline Employee) _ 3. Rich Elliott (Mayor - City of Ellensburg) 509-962-7221 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) U=°:Ijr_&LO 4C(D-U T DEPARTMENT OF PUBLIC WORKS Mark Cook, Director AI'IYRl9 (Yll'v�y December 07. 2017 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. Nataraja: 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 car providers'. 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 S30,500 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 530,500 per year until the end of the lease or as mutually amended in the future. Sincerely. Mark R. Cook Bowers Field Airport Manager 411 N. Ruby, Suite #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663