HomeMy WebLinkAboutRes-2019-056BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2019 -JJ.fkJ
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 U niversity (CWU) crediting their
Bowers Field Lease for Limited Fixed Base Operator (FBO) Services on
December 19 th , 2017; and
WHEREAS: The Kittitas County Board of County Commissioners (Board) desires extending
said lease credit for Limited FBO until midnight on December 31st, 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
31st, 2019 or cancelation of said services with 30 day notice to CWU' s Associate Dean and
Department Chair of Aviation.
DAtJiiE) l'l!is,~,9.t h day of March, 2019 , at Ellensburg, Washington. ,,, CO•·• '1
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D Clerk of the Board-Julie Kjorsvik
0'J)eputy Clerk of the Board-Mandy Buchholz
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BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
ABSENT
Cory Wright, Chairman
KITTITAS COUNTY AIRPORT
DEPARTMENT OF PUBLIC WORKS
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this 19th 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.
WI T N E S S ETH:
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 (12/19/17),
terminating on December 31, 2019.
2) "Paragraph -"Sale of Aviation Fuels is removed from the lease.
Centrai Washington University Lease Addendum
PAGE i
KITTITAS COUNTY Ai RP ORT
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
Approved as to Form :
Prosecuting Attorney
WSBA # ______ _
Central Washington University Le ase Addend um
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY , WASHINGTON
ABSENT
LESSEE:
~~ Centrala ~ University
PAGE 2
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
MARCH2019
WHEREAS: The Kittitas County Board of County Commissioners approved a lease
a mendment (attached) with entral Washington ni ve rs ity credi tj n.g th eir B ow ers
Field Lease for Li m it d Fixed B as Operator (FBO ) rvices on o· 1,;m be r I 9111•
2017 ;and
WHEREAS: The Kittitas County Board of County Commissioners (Board) desires extending
said lease credit for Limited FBO until midnight on March 3 I 51, 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 51,
2019.
DA TED this 20th day of December, 2018, at Ellensburg, Washington.
D Clerk of the Board-Julie Kjorsvik
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
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Obie O'Brien, Vice~Chairman
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Cory W right om rn•i sioner
KITTITAS COUNTY AIRPORT
DEPARTMENT OF PUBLIC WORKS
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this J.£r!!.ttay 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 S S ETH:
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 Mldstate 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
Kl ,-_.._....NTY, WASHINGTON
Prosecuting Attorney ABSENT WSBA # ______ _
Obie O'Brien, Commissioner
LESSEE:
~
Central Washington University
Midstate Aviation Lease Addendum PAGE 2
' I
EXHIBIT 1
(County Lease)
KITTITAS '~...,,.JNTV A1RPORT
DEPARTMENT OF PUBLIC WORKS
LEASE
THIS LEASE made and entered into this 27th day of October, 1998, by and
between Kittitas County, a municipal corporation in the Stale of Washington, hereinafter
referred to as the LESSOR, and MIDSTATE AVIATION, INC., a Washington co,poratio.1,
hereinafter referred to as the LESSEE.
WIT N ES S ETH:
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.
Containin~ 95,396 square feet, more or less
Th·1s !ease is made in accordance with RCW 36.34
I.E;,EM: The term of this lease shall be for twenty-five (25) years and will ccmrr;ence
on the 1st day oi November, 1998, and terminate en the last day of October, 2023, excE;pt
as pro·,ided hereunder.
RENT: Rent shall be paid in advance on a monthly basis, with the f:rs, pay~ne,,i due
on er before the 1st day of November oi each year beginning with November i , '1998, and
continuing thereafter until termination of this lease. The rental for each year sr;EI! be as
folicws:
11/01/98 -10/31/04
Land lease rate -95,396 sq feet@ 6 cents pr sq ft --$ 5.724 per year
11/01/98-10/31/04
Main hangar building lease rate@ S2.00 per sq ft == $40,000 per yr;2:
11/01/98-10131/04 (6,534 sq ft)
Land lease for Moe building site@ 6 cent pr sq ft = $ 392 per year
INVESTMENT CREDIT (20 YEARS)
11/01/98-10/31/99
11/01/99 -10/31/C0
11/01/00 -10/3H01
11/01/01 -10/31/18
MIDSTt,TE AVIATION LEASE
Page 16 of33
= [$10,000]
== ($ 0 ,000]
== ($ 7,500]
= [S 7,500) per ye2r
PAGE 1
KITTITAS COUNTY AIRPORT
(This credit represen ts the investment Midstate Aviation paid for improvements inlo
the new main hanga,: construction)
CREDIT FOR FBO SERVICES
A cr~dh ot not lass 1han $20,000.00 per year shall be given to• Lessee as
long as Lessee provides the cu<rent leval ot ser-vices described ,n Exhlbii •a··
an-ached hereto . The credit shall be revi ewed each year . If Lc.ss_ea fails to
perform al! or a p onlon of the service_ , the er dil shall bo prorara<l 10 relle cl
the actual ser vices performed for l.hat year.
ADJUSTMEN T OF ~ENTAL .
/Jr.er rile flfti1 year, the-Lessor shel/,lrovo the right 10 fth."ldjust the rl!llt c11 or
b!lfOro Novombor 1 of the 11/rh, 1enth, f{ftliam/J and twrm tlcJ)I yenr of this foDse for each
folf¢wi ng 1fve yaor parlod; provfdacl, how.avor rhat any i ncreIJso shall NO T F.XCE.ED THE
CUMI./LATIVE EFFECT OF THE CPI INDEX OVER TflE PREVIOUS FIVE YEARS.
If the Lessee do~ not agree Wtlh the rental, tn L essee may reqm~s1 arbttm :i cn.
If the l.essae elects lo arbilra e . lhe Lessae shall select one arb11talor a nd the Cour,,y
Shall -select one arqitra or and ti e tw o so chosen s a-II solec1 ;i 1n1 r d aro 11rz to r Th e
.irbllratots snall have the authority to irlere ase the r en: or cuminue lhe pr&v;ou~ , -ncel
and both p a rties shall be bound by Lhl'J d.2 c "1on oi tJ;e mb 1ra1ors Tne ~cs , r.f
arbilra!,on snnll be borne by the lessen .
LEASEHOLD TAX: In add ition to any ren t.:;J herein provirred, the Lesse~ shall pa)•
to the Lessor the leasehold tax as set forth by the Srate-cr Washinglc: i n Chf.lpt er 61, Lav!>
of 11176 . Second Executive Session (R.C.W. 62 29A) o r as amended Tho iax _shaU ct: oue
ano payable et lhe same 1/me lhe rental cl"ramc-<l here in 1s due and payabl
FIRE PROTECTION ASSESSMENT In actd1t1u to ar.y rental her~,n pro v1oeo ih;;
Lsss~·shall pay an annual fee Which sha I be m re of i.ixes lot !:re prorecllon Sial"Jt ~s a:
sum equal lo 5 1.00 (plus any spe-c1el levies of the F·,e 0 1s11,ct whi ::.n tias I EC'i!i eo • 01;;r
approval) per S1 ,000.0P Of" r.1ppra ist-1d value oi l~nd encl ,mprnv:::m r:its r.f Ih a lte::o
pr em ises . 7'he vali.18 o f the leased pre.mis es sh e.ti be de1enmred by the Ki .. 11.,;'\S Ccumy
Assessor. This fee Ghall be due annually e;;Ch 211cJ every . oar dt 1 ,ng U: te rm c:l'IG !.hill! be
due a1-1d payable on the 1st day er Marcf1 of ea ch year
UJ]UT IES· The Lesse!3 shall pay (or eXIe1~rn of anrJ all lllity services St!ll,)pli~j ro
the premises. Any such exten$ion s shall be sub' ct 10 the adV?.nco roview oi tr.e L e~OI
PURPOS§ The Lessee iih611 u1,\i;; 11,e p: mise!l !Of lh~ ren ta l of a;,c ;e:,. ilying
lessons. providing fuel an repair sorv,tce-.s 10 airer-ah sl'}d any c.thfr.' approved .111 la1lon
related activities
MI0STATE AVIAilON LEASE ?AGE 2
Page 17 ofJJ
··,-··--
~ _ ....... ,.
KITTITAS COUNTY AIRPORT
SALE OF AVI AJ'ION FUEL~: 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 sha!I notify the Lessee of any ordinances er 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 faci:ity
equipment.
RU LES A N D 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 office of the Kittitas Cmmiy Department
of Public Works
LE.SSEE.'.$ BUI LDINGS_ The County hereby acknowledges that 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 witr,in 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 io the satisfaction of the Lessor, shall be the sole responsibility of the Lessee
CONSTRUC1ION : 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 specifications fer the
construction work. including any proposed extension of utilities, and said improvements
shall not be constructed without said plans having first been app~oved, in writing, by tr,e
Lessor's Director of Public Works and the Director of the Building Department
Ar1y future improvements upon the leased premises shall belong to the Lessee 2nd
shall be removed within ihirly (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 tr,e 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
ccmplete such removal within the prescribed time limits, the building and other
MIPSTATE AVIATION LEASE PAGE 3
Page 18 of 33
KITTITAS COUNTY AIRPORT
i,nproverr1en1 s shall become the property of the Lessor and any remov2i costs shall he
assessed the_ Lessee.
COUNTY ~IN HANGAn REPAIHS: Toe maintenance and re pei r of the p roposed
r1e nsar structure and other lrn prove me nts shall be the responsibillt.y of the Lessor, inc1 u,hng
ut illtle w u,,n he leased ?rea .
MAINTE NANCE: T he Lessee agrees that II wlfl net commit waste and tnat it wiil
keep sai d premises in e saie. sanitary , ne·at, presentable; and otherNi se good coru:!i lfon,
an d in ge11 eral shall comply wiih all lhe opplicable govemmental rules, ord in ances arid
regul st ion s as may be req uired or imll)osed by slJCh author ities on said p rerrises and shall
comply w ith am• dlrec.:ti on pursu ant to law of any public officer er officers who shall be
empowereCJ to enforce local , sl ate a nd federal rul es, regLJlations and ordim,nces upon the
lessee w ith respect lo lhe. said pre mises o r the use, occupancy, or controi ther€of and sh2il
not s iier any imprope r 0r offtms ive u se or said prerni ses,
AREA MAIN TENANCE : L _essee shall, during the tem1 of this leasa . rn:;1r,tain tt1e
ares be tweP.n lhe building and boundary line cf sa id lease 10 lhe satisfaction of the Lesser
Tr.a ew a shall be kept free of all debr s, weeds and brush fo r the term of this lecse . Lessee
!ihalt reimb, rse the l<illltas County W eed Allthorily or Ki\tltas County Depar.mont oi Ptiblir.
W ork$ for a n y c o .sit; i ncufrod ln Ille ~.venl that Ih a County Weed Authority or )(initas County
Depnrtment of Public Works un dertakes noxious w~c or v egelaticn control measure~
IN SU f1hl:!.~• The Less ee ~ha ll obtain and ma lr1ta in iri rorc;e c u ring !he term of h 1It
eigrt1e rn en1 e lia b,l lty in surance poli¢y, which provl d.es pro t~ct ion fo r b(>dily intur-1 (1r1d1, :,ng
aen!l'I) an d p ~o,Je-rty CJamage , Sai d ir:is •rai;ice sha ll provide cover,,ge 'by 1he LE ssee ltl 21 ,y
ernplo 'l!GS er p ermiUe as o !tie Le s ee, and shall nalm? ll1e Lesso r as coir,su11cd
Pursu,int to Resolution No. 88-73, or as may be emended here21'i!:r , li;,.bilily
insurance poiicy shall have the following provisions, at a minimum:
1. Premises and leased area liabili\y coverage in an amo1Jnt nol less !!",an
$1 ,000,0 00 00
2 Provi de for not. ,1i,ss hsn thirty (30) days 2dvance written notice to Kit!it2s Countv
regarding a·ri y mate rl al change for terrr 1111at lon .of the policy
Lessee hereby releases Lessor of and from every and all rigt1t, c!airn 2r,cJ dem,ma
that Less e·e may hereafter have a gainst Lessor, ils successo,-s & assigns, Af1s1n9 m,t oi or
111 conr1e c1ion witr, .:iny loss or losses occasioned by fire an~ r.L1ct:1 Items a:, ;;1.e .!nclui,;eo
nder the no m0 t extended co11e rage clau ses ol fl"su rar:cc pol 1..-Je:s. an d doo-s 11e e wa ii,~
all rl ~/hl!:; or su b :ogalio r in favor of insurim t.e carriers aga inst L!?sso, cfiSlflS qw1 cf ;;ny
tcss.;;s cccas1oued b y fire and such item$ as are rnclud ed und er lhe ncffiid e:<::ence.c
cuv erage clatises of nr e insur anq~ po li cie s, a nd sustain e d by Lessee in or to 1r,s ra,c
premises and lea se d area .
The Lesse-shall provide the Lessor with a copy of said policy.
MI0STATE AVIATION LEASE PAGE 4
Pagcl9of3.1
KITTITAS COUNTY AIR?ORT
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 a irport is presently constn..:cted . Lessee
shall comply with all rules and regulations or the Federal Aviation Administration,
Washington State Department of Transportation Aeronautics Division. and the Kitiitas
County Airport Standards.
HUNTING: Hunting or discharging of firearms will no: be permitted on or from said
premises or leased area.
NOTICES: Any notice given by one party to the other in connection with this
agreement shall be in writing and shall be sent by ceniried or registered mail, r&turn receipt
requested as follows:
1. If to Lessor, addressed to
Kittitas County Departmenl of Pubiic Works
205 w_ Fifth, Room 108
Ellensburg, Washingtor, 98926
2. If to Lessee, addressed to:
Midstate Aviation, Inc.
11 01 Bowers Road
Ellensburg, WA 98926
Notice shall be deemed to have been received on !f"',e date or rece io t as shown on
the return receipt.
Notice need be sent to but one Lessee where the Lessee is mere than one person
ATTORNEY FEES: In case Lessor shall bring suit to recove~ any rem oue
hereunder, or for breach of any provision of this lease, or to recover posse5sion oi 11-,e
leased premises, or if Lessee shall bring any action for any relief ag2inst Lessor,
declaratory or otherwise, arising out of this lease, the prevailing party shall recover
reasonable aliorney fees which shall be determined and taxed by the court es part oi the
costs of such action.
RIGHTS OF THE U.S GOVERNMENT: The Lessor holds title to t!"',e property
herein leased, partially by virtue of a deed from the United States Government. A copy cf
said deed is available for inspection at the office of the Kittitas County Department of Pub!ic
Works, hereto and made a part of this instrc1menl cs though fu!ly set forth here in l.essee
agrees that it will do nothing which will cause the Lessor to be in violation oi the terms oi
said deed. Lessee furthermore agrees that it hes had amp'.e opportL1nity to review said
deed and is aware of all of the terms and conditions therein
MIDS'TATE AVIATION LEASE P.OGE 5
KlTTITAS COU,'IITY AIRPORT
AFF1RMA TIVE ACTI ON: The Lessee assures that it will undertake an affirmative
action prcgrarn as required by 14 CFR Pan 152, Su bpart E., to insure that no person shall,
on the grounds of race . creed, color, na\ior1al orig i n or sex, be excluded from part ici pating in
any employment activities covered in 14 CFR Part 152, Subpart E. The Lessee assures
that no person shall be excluded on these grounds 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 suborganizations 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 11',e
same effect.
ASSIGNMENT: The Lessee shall not assign this lease nor suolet any portion
thereof without first obtaining ihe written consent of the Lessor, which written consent 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 Joss , damage , or
injury to persons or property resulting from the Lessee's use or occupancy ci said premises
and leased area. or caused by the acts or neglect of the Lessee. his agents or employees
BANKRUPTCY: It is further agreed and understood that in case of the insolvency or
bankruptcy of the Lessee, or any assignment for the benefit of creditors or the appointrm,nt
of a receiver fo:· the Lessee, this lease sh;;.11 be immediately forfeited and shall be of no
further ;orce and effect, and that the Trustee in Bankruptcy, Receiver, or Assignee ior the
benefit of creditors shall not have any rights whatsoever in the demised premis"s.
DEFAULT: In the event the Lessee shall fail lo 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 lhis lease by giving thirty (30) days written notice of
the conditions or terms being violated. If sald failures are not corrected within the thirty (30)
day period, this lease may be terminated and the Lessor shall be entitled to peacec:bly
retake possession of the premises, provided the Lessee shall have the rigr,t lo remove
imprcvemenls as herein provided
Vv'ANE R: No assen~. express or implied, by the Lessor lo any oreach of any of
Lessee's covenants, agreements. conditions or terms hereof shall be deemed or taken to
be a waiver of any succeeding breach oi any covenant, agreement, condiiion er tErm
hereof.
VENUE In the event of any !i!igation betvveen lessor and lessee arising out oi this
lease, the veriue for such action shall lie in Killitas County, notwithstanding eny conirary
provision o: the Revised Code oi Washington .
APPLICABILITY The 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 .
MIDST ATE. AVIATION LEAS[ PAGE 6
Page 21 of 33
KITTITAS COUNTY AIRPORT
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and
affixed their seals the day and year first above written.
. )
<!• I •-.~ .-_ .. -~/------=--=-:.:;._---=_;_~.,,.
PrQser..ui(rig All orrie y
WS .E3A # ,. · --; :> -;'
MIDSTATE AVIATION LEASE
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, /J\IASH INGTON
~,.duzl Ch air erso ·
LESSEE:
MID ATE AVIATION, INC. f"'\. \ · r \ 1~ . :--1__,, .... _.:-J· J... -----'"'--"';;,_...,__, ____ ~--
Ron Mltche.U
Page 22 of 33
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Beginning at the intersection of Bowers and Cc.ssna uoad; :.:hence N. l •117 l 30"1 £.
30.0C feet to the i11tcr.5cction with the north riyllt-of-«.iy li11c of Dowers Roatl; thence
N, B6°l2'JO" E. 309.12 feet along s.iid uorth rl9ht-of-wily line; tlumce N. 1°'17'30" E.
110.B0 feet to the True Point of Beginning; thcrnce fro1n the '!'rue Point of Beginninq
I!. 8B 0 12'30" E. 13.00 feet; thence N. 1°47'30" E. 'J0,00 feet; thence S. 88°12'30" Ii. 90
feet::-thence S. 1°47'30" w. 70.00 feet; thence N. 68°12'30" i::. 77.00 feet to the True
Point of Beginning and the tcD11ination of this description, situated in Section 24,
Twp. 16 N., Rge. 18 E., W.M.., Kittitas County, Washingto11, containing O.lS acres,
more br less.
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BOARD OJ,. COUNTY COMMJSSIONERS
COllNTV OF KITTITAS
STATE OF WASHINGTON
RESOLUTION
NO. ,.2{) I ")-Nlr
Rli:SOLUTJON TO APPROVE FIXEJ> RASF. OPERA TOR SERVICES AT
BOWERS FIELD
WHF:RF.AS: Kittitas Counly currently receives fixed Base Operator (FBO) se,viccs
from Midstatc Aviation: and
WI IEREAS : Kittitas County and Midstate Aviation desire revising the FBO service
package supponing airfield operations at 13owcrs Field; and
WHEREAS: The FBO service package is attached lo Midstale Aviation's Bowers Field
lea~e ngreement as ''Exhibit H";
NOW, THERFORE BE IT RESOLVED The Board ofCounly Commissioners docs
h1:rt:hy in the best interest of the public, move to approve said Resolution adopting a
revised "Exhibit H" to Midstate Aviation's lease at Bowers Field.
ADOl'T£D this 3rd day of November, 2015 , ul Ellensburg, Washington
8O1\RD OF COUNTY COMMISSIONERS
KllTlTAS COUNTY, WASHINGTON
ABSE
Gary llemdl, Chairmar\
_d~=-===: ==::.
Ohh: ' en, Vicc-Chnim,;m
Page 24 or 33
Kittilas C mm \ October 26, 2015 ___ _ bd1ibi1 ll
1-'ixed Base Operator Services -S20,00U per year lessef credit
Maintain and stnff FBO office. to include n pilm lounge, 1rn11sienl pil1il we.ither
infonnation and night planning room , nnd vending machines a minim11111 of 8 hours
per day, 6 days per wcc:k.
rurnish, clean, and stock restrooms uvailnhl~ to the general public 24 hours p~r uay,
7 days per week.
Provide couricsy vehicles for transient pilot use tiuhject to uvailability
Manage County tie-down area.
Co,>rdinatc with Airport Manager and file NOTI\MS with FAA as re4l1ired rur
$lllcl)' of operations.
Act a~ security monitor for airport access through drive-thru and wulking gale~.
Consult with Airport Manager and support ptlrsonncl when requested on /\ irport
lssui:s.
Operate an :.tircr.dl muintcnancc and repair facility including air frame, i:ngim:, ,1rnt
accessory reru1irs.
Provide housing ofCoumy owned fuel facility computer ond warning systems .
Manage fud faeilitits. Provide Avgas and Jet fuels for local and transient pilot u~c .
l'wvidc Je I refueling lruck for full scrvici: fueling on n:qu~st.
Midstat~ Avia1ion Lease
Page 25 of 33
VOLUNTARY TERMINATION OF LEASE
Th is Voluntary Termination of Lease is made and dated this 27th day of October, 1998,
by and between KITTITAS COUNTY, a municipa l 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 cf which is
attached r.ereto and by this reference incorporated herein.
That the main hangar building co llapsed in the winter storm event of 1996/97 that was
a part of the lease. A new facility has been built and the configuration of the origina l 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 public hearing under RC W
36.34.180 was held on October 6 , 1998, and continued to October 27, mes, to consider
leasing said county property.
THEREFORE , both Lessee and Lessor hereby term inates the attached lease of
February 2, 1993, as of October 27, 1998, and Lessee term inates all interest in the property
which is the subject matter of said lease
KITTITAS COUNTY
BOARD OF COUNTY COMMISSIONERS
Ron Mlcheii
DA TE SIGNED:_/_l)_/(}_7-'"-/--~-~-' __
Pag~ '26 or3.,
• 1 l .t 1 ,., -, ~ I f I
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:,Jo;:: '.:'.:?2'.J~0..I_..J:5!2.l.!_i _!,l2_f1 ____________ ."
CUMENC:NG AT lHl 11-:T[~Sr::c i IUN JF f'lflCR R.J;\D ANO DO\JERS
~DAD, T•t[NCC N en· I?" '.JO' l l"nR 214 <; f"([T, :HENC[
N , •• ,. 30' \J r [JR JO.C re;: i rn l>'[ 1 RlJt ~DIN T •r OE GINNING
lHU,cr N I' <7' 30' 1,1 rrn;; I9'!.BO I LEI,
H-<ENCf. S 88" 12' 30' \J ,Ufs ~?7 ;u ,·,r I,
Tk[NCE S i' ~J • 30' E >[JR ll'J!JO • r,1,
THENCE S AB' 12' 30 ' \J ,[N % 00 i'f.!"T,
TIIENC[ S !' 47' :,o· l ;·oR !'.O UD rru.
THrnC[ N 86 ' Ii." 30' C r:R ~l 718 f f[T,
TO TH[ POINT or 3EG!NNJNr,
CONTAINING r JCJ! ACR£S M:1R E OR LE S S
Page 27 of 33
l C'
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EXHIBIT2
(Lease Addendum)
Kil TITAS C1.,..,NTV AIRPORT
DEPART"IE!ff OF PUBLIC WORKS
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE Is made and dated this L :!._ day ot 'r.,;;~~. 2014, by ana
between Kittitas County , a municipal corporation in the State of Washi ngton, hereinafter referred
to as the LESSOR , and MIDSTATE AVIATION INC., end hereinafter ref erred to as the LESSEE .
WITNESS ETH :
WHEREAS, LESSOR and LESSEE entered into a Lease on October 27. 1998, a copy of
which is attached hereto end 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 or before November 1'' of tr1a fifth,
tenth, fifteenth and twentieth )/ear of this le<lse•;
WHEREAS, it has been agreed between LESSOR and LESSEE that the following CPI
Index will be used for future rental increases.
"CPI -All Citios-All ltern!l Sizo Class D Under 50 ,000"
NOW, THEREFORE , IT IS HEREBY AGREED by and between the parties to a ch ~nge in
rental rates and contract terms as follows :
1) "Paragraph #2-Rent" -Rental Rates for 11101/13 thru 10/31/18 Term
Land lea:s9 r 1110 -96,398 sg foot
f 1/01 /13 -10}31 118
.Ifilm
1110 1113-10/31 (14
,11 /0 1/1 4-10/31 (15
Prev i ous Rate
P1,rYear
$6 120D ,7~
11 (0111 5-1013--"1 /'-'1..;;,6 ___ _
1 1ro1 11 e-1013 1117-
11io 1111-1 0 /3 1/'l a
'·-· 111D 1/18 ,a_--+---
Rent;,( R~IC
($.067 per Sq Ft)
Not Including L••~ehold
Taf __
·nin curront Laa•el,o/d far:ise Tex Rare is 12 B4%. •• derermined hy th~ SMr, of Wssrnngron oed is s11hj•ct to change
Pag(: 28 or 33
/.11Tl1A$(.0Ut-:JY ,\/flfl,)ilT
Fue l Ta nk Re nta l ra te -
11/01/13-1 D/3111 B Prev !0u11, Rate Rental Rate Pet Ye M
Term Per Yea r Not Includi ng Leasehold
____ TaX' ·-
NIA
11/01/13-10131/14 s4"})00.()o ·-·---11/01114 -10131/15 $4 ,00_0.00
11/01/15-10/31/16 $4,000 .00 --11/01/16-10131/17 S4,00!> 00
11/01/17-10/31/1 B $4,000.00
11/01/1 B Renegotiate ... -.•-
'Th& Cll(7lJn/ Ll'.n..,11hold Exci3s T8JI RB/II lS 12.84". IIS de/e1m/m,cJ by the Stole ol WBJhington or.dis &ubjec/ fo Chang&
Main ha nna r b uil din g leas e 120 .000 Sq t\'.
11 10111~:'.t Qll1i 1 a --Rental !'{ate Pet ~ Previous Ra io-
Teun ($2.30 per Sq. Ft .J ($2.354 pet Sq. Ft)
Not Including Leas11hold
Tax•
$46,000.00
1 1101 /13-10/31114 -------$ '1 7,CBS .60 -11/01/14-10/31(15 $47,085 .60
1 1/01/1 5 -1 0/31/16 -5 4'/ .oaS.60 -!11/01/1.6·10131/17 S t,7,085.60
1 1/01/17-1013 1118 --$ 47.085.80 I ,.__
11/01/1 8 . j ___ Renegotiate -·------
•n.e cum,nf LflB$Bholcl Exci,o T11x R11/e is 12 84%, a,, ,1utermv1ecl by the Slolo ol W~sflii,gton and is •~bfe<:/ /c, oh•n110
Land lease ror Mo~ bu ild ing /6,634 SU It):
11/01 103 -10/31/08
ill!!l.
11101/13-10/31 /14
11l01/14-10/31/15
11/01 ,'15-10/31/16
11/01 /16-1QJ3i /, 7
11/01117-10/31 /10
1 1/0 1/01 ~
Prevlou·s Rate
{$ .065 per Sq Ft)
--$-42471
Ron tal Rall?
($.067 per Sq Fl)
Not Including Leasehold
T!~-•----1
$ 43433 ---·
$ 434 73
$ 434 ,73
$ 434.73
$434.73
•Too curront r.ea,;~/lold 1:,oi,o Tn• Role 1s 12 B4%. as clP.lemli1lttd by tM Sroro nl -Nos//inglon and 15 svbject to ch•nge.
It.•
Page 29 of 33
KITTlrAS -.CUIHV AIRPORT
2) "Paragraph #8 -Sale of Aviation Fuels" -wlll read as follows:
The Lessee shall sell and dispense during reasonable business hours aviation fuels of the
zypes and volumes required (and which are available for resale) by the users of the airport
faci l~ies . The Lessee shall collect a fuel flowage fee as follows :
GALLONS PUMPED FUEL FLOWAGI: FEE PER GALLON
0 to 50,000 Gal. $,06
50,001 -75,000 Gal. $.04
75,001 or Moro Gal . S.02
3) "Paragraph #5 -Fire Protection Assessment" -wlll read as follows :
In addition to any rental herein provided , the Lessee shall pay a fee which shall ba in
t/eU of fa)(e s fur nro p,roloc l /on sruv/cos. The es,nua l ra te sh"ll be b-l!Bed 1,1pon tho
3nn uaI fire ossessm~nt dotorml.r1 ed by the Kttti las C0110 1y Ass11soo r and Fire Pl11l ric1 #2
10 be calcu lat_ed on January 1>l of Iha .current ye1tr. fhe oss essrnen l shall be d ue an d
payable concurrently wl1h 1he tease payment or 1hrough Personal Property Texes .
Alt other terms and conditions of the aforementioned lease shall remain the same
IN WITNESS WHEREOF, the LesBor and Lessee have signed !heir names and affixed
the ir scats the day and year tirsl above written.
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITT COUNTY, WASHINGTON
Pau l 1ej rpor.son
Approved as lo Form : .Jn,_ t _Jf
Gary Bertldil Vice-Chim I
Prosecuting Attorney
WSBA r, ______ _ ~ ~Jg --. . ~~-. -=
Ol~ Commissioer
~:t\---d
Ron Mi tchell, OI~
Midstate Aviation
Mir1S!1'tl" Aviation Lea.Se Addtmd ~•m PAGE J
Page 30 of 33
OJ
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0
0
EXHIBIT 3
(Description of Property)
Pagc31of'31
. '
.. .. , -· ,_,,· "!-·1,:.'· I
l
EXHIBIT 4
(Form of Bill of Sale of Midstatc Office/ Main Hangar 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 delivt:r 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 "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 Purclrnser in "AS IS" condition. and Seller makes
NO IMPLIED WARRANTY OF MERCIJANTABIUTY AND NO IMPLIED WARRANTIES
OF FITNESS as to such properly.
DA TED 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 nt name]
Its: fprint title]
EXHlBIT 5
(Form of Bill of Sale of Midstatc Ground and Flight Training Building)
BILL OF SALE
IN CONSIDERATION or the payment of ten doIJars ($10.00) and other good and
valuable considerntion, 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 lo
the personal property described as Tax Parcel 951466 (the "Midstate Ground and Flight Training
Building"). Seller warrants lo the Purchaser that Seller is the lawful o\.vner 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 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:
Its:
_________ j print name l
_________ [print title]
Pnge :nor 33
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 .
• Furnish, clean, stock and maintain restrooms available to the general public 24 hours
a day, seven days per week.
0 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.
0 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 Mcirvin, 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 s 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.
I --Reference
11·· Matt Boast (Kittitas County PUD General Manager)
--.
2. Bill Houston (Long Time Pilot/Retired Alaska
Airline Employe e )
3 . Rich Elliott (Mayor -City of Ellensburg) -4. Julie Peterson (CEO-Kittitas Valley Healthcare)
4. CONTACTforCENTRAL
Sundaram (Raj} Nataraja
Professor and Chair, Department of Aviation
509-963-2386 (sundaram.nataraja@cwu.edu)
Contact Information
509-933-7200
509-899-1030
I 509-962-7221
1 elliottr@ci.ellensburg.wa.us
509-962-7302
KI'l ITASCOUN ;r
DEPARTMENT OF PUBLIC W ORKS
Mark Cook , Director
December 07. 20 I 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. 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 follo,ving deletions from the service package:
• Removal of"Coordination of rental cars for pilots with are rental car providers".
• Provide and maintain a vending machine suppo11ing 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,
' ,, ) ' . Ji ;' J 'l/t,/
'' '/ ;' ,' j,, I "' ( ! ., ' , / -.. \.,' • ., ,.
Mark R. Cook
Bowers Field Airport Manager
411 N Ruby , Suite #1
Ellensburg, WA 98926
TEL (509) 962-7523
FAX (509) 962-7663