HomeMy WebLinkAboutConductPHLotC30AirportBindingSitePlanKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA STAFF REPORT
AGENDA DATE: July 2, 2019
ACTION REQUESTED: Conduct a Public Hearing on July 2, 2019 at 2:00 pm to
atrthorize the Board's Signature on the Lease with FISH for
the Elmview Building and Lot No. C-30 of the Kittitas
County Airport Amended Binding Site Plan
BACKGROUND: FISH desires leasing the Elmview Building for the purpose
of food warehousing and meal production. The Board has
previously indicated their willingness to apply tenant
improvements to the Elmview Building against ELN lease
rates. FISH estimates the total cost of tenant improvements
at 804 Elmview Road. Crediting these costs against the
Board's lease rate of $0.14/SF without consideration of
building rent allows FISH to utilize the Elmview Building
for a period of time that is undetermined at the time of the
public hearing.
Several weeks ago, FISH agreed to hold harmless and
indemnify Elmview and the County for limited use of the
building pending a lease from the Board of County
Commissioners.
Once staff has received supporting documentation from
FISH, we will prepare a draft lease for final Board
consideration.
INTERACTION: Public Works
RECOMMENDATION: Authorize the Board's signature on FISH lease of the
Elmview Building and Lot No.0-30 at ELN upon final
acceptance of the lease by the Board of County
Commissioners.
HANDLING: Return one original to Public Works
ATTACHMENTS: None.
LEAD STAFF: Mark R. Cook, Director
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DEPARTMENT OF PUBLIC WORKS
PUBLIC HEARING
DIRECTOR'S/AIRPORT MANAGER'S REPORT
PROPOSED LEASE OF THE ELMVIEW BUILDING AND LOT NO. AT ELN
Background:
FISH desires leasing county owned property at Bowers Field Airport. The Elmview Building is
available for FISH use and includes vacant land associated with Lot C-30 of the Kittitas
County Airport Amended Site Plan.
The current market rate for land lease is $0.14/square foot. FISH is requesting the Board of
County Commissioners consider applying tenant improvement costs against lease costs.
Requirements of Kittitas County Code 19. Director/Airport Manager's Report:
A. Minimum application information is detailed in KCC at 19.04.190. Nine (9) items
are required to be addressed in the application and appear below for Board
consideration.
1. The name and address of the applicant;
2. The type and organizational structure of the applicant;
3. The proposed land use, facility and/or activity sought, including use of any hazardous
materials;
4. The names and qualifications of the personnel to be involved in conducting such activity on
behalf of the applicant;
5. The tools, equipment, services and inventory, if any, proposed to be used in connection with
such activity;
6. The requested or proposed date for commencement of the activity and the term of conducting
the same;
7. The estimated cost of any structure or facility to be furnished, the proposed specifications, site
plan, and the means or methods of financing same;
8. The proof of the specific types and amounts of insurance required for the activity by Kittitas
County Resolution No. 88-73, dated September 20, 1988:
a. Aircraft based at the Kittitas County Airport (Bowers Field) obtain and provide proof of
insurance coverage thereof, aircraft liability coverage in an amount not less than
$100,000 - bodily injury; $300,000 - property damage; $300,000 - each occurrence.
b. That lessees other than nonprofit corporations, leasing land and/or buildings other than
T -hangars and tie -downs obtain and provide proof of insurance coverage thereof
naming Kittitas County as co-insured, premises liability coverage in an amount not less
than $100,000 - bodily injury; $300,000 - property damage; $300,000 - each
occurrence.
411 North Ruby Street, Suite 1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
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Dept. of Public Works
Page 2
c. That lessees who are nonprofit organizations engaged in noncommercial activities
leasing land and/or buildings other than T -hangars and tie -downs, obtain and provide
proof of insurance coverage thereof to the satisfaction of the Kittitas County director of
public works, or his designee. The director of public works, or his designee, shall take
into account the kind of and degree of activity conducted by such nonprofit
organizations in determining their insurance coverage. The director of public works, or
his designee, is authorized to devise an insurance plan wherein Kittitas County
participates to provide insurance coverage for nonprofit corporations, which plan shall
adequately protect the interest of Kittitas County and minimize the cost of insurance to
such nonprofit organizations.
d. That all lessees conducting commercial operations on the airport properties obtain and
provide proof of insurance coverage thereof naming Kittitas County as co-insured,
premises liability coverage of not less than $1,000,000. Individuals and/or corporations
conducting commercial operations involving aircraft (flight instruction, aircraft rental,
flight for hire, etc.) obtain and provide proof of aircraft insurance coverage: $100,000 -
bodily injury; $1,000,000 each occurrence.
e. That all lessees leasing land for agricultural and grazing purposes obtain and provide
proof of coverage thereof naming Kittitas County as co-insured, general liability
coverage of not less than $1,000,000 for those parcels abutting the operational area;
$100,000 - bodily injury; $300,000 - property damage; $300,000 - each occurrence, for
those parcels physically separated from the operational area.
9. Disclosure of any license permit application which may have been revoked or denied by any
court, any entity, the FAA, or any governmental agency having jurisdiction over said licenses,
permits, etc.
Kittitas County shall be the sole judge of what constitutes adequate financial capacity and
qualifications of the applicant to conduct the proposed activity. (Ord. 92-24 (part), 1992).
As of 8:00 AM, 06-27-2019, staff had received a portion of the required application materials.
The applicant has advised that the balance of the application materials will be available for
Board consideration at the public hearing on July 2, 2019.
Supporting documents may be requested by Kittitas County pursuant to KCC
19.04.200.
FISH has supplied all nine required elements supporting lease application. The Board of
County Commissioners may elect to request all or none of the seven (7) supporting
documents in 19.04.200. In summary those documents are:
1. Financial statement
2. Names and financial statements of proposed guarantors
3. First year operating statement
4. Inventory of assets
5. Credit report
6. Authorization for release of information
7. Accounting of all licenses
411 North Ruby Street, Suite 1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
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Dept. of Public Works
Page 3
Unless specifically waived, the above statements must be reviewed by a certified public
accountant, licensed by the state of WA.
Providing the Board desires additional material, the Board may elect to continue the
public hearing or take other action as deemed appropriate by the Board in deciding the
requested lease.
KCC 19.04.220 inventories the grounds for lease denial and appear below for Board
consideration.
1. Not Qualified. The applicant, for any reason, does not meet the qualifications, standards and
requirements established by these minimum standards.
2. Safety Hazard. The applicant's proposed operations or construction will create a safety hazard or
the airport.
3. Airport Expenditure. The granting of the application will require the expenditure of airport funds,
labor or materials which Kittitas County believes will exceed the benefits to the airport.
4. Availability. There is no appropriate, adequate or available space or building on the airport to
accommodate the activities of the applicant at the time of the application.
5. Non -Compliance with Master Plan. The proposed operation or airport development activity does
not comply with the master plan of the airport.
6. Congestion. The development or activity or use of the area requested by the applicant may result
in an unreasonable deprivation or restriction of public access of competitive locations.
7. Misrepresentation. Any applicant who submits false information, misrepresentation, or fails to
make full disclosure on his application or supporting documents.
8. History of Revocation or Denial. Any applicant who has previously had a permit revoked by an
airport for noncompliance with similar contractual agreement(s) requested.
9. Defaulted Performance. Any applicant who has materially defaulted in the performance of any
lease or other agreements with Kittitas County.
10. Lack of Finances. Lack of finances means that the applicant does not have the financial ability to
conduct the proposed operation for a minimum period of six months.
11. Conviction of Crime. Any applicant who has been convicted of any crime or violation of any
ordinance indicating that the applicant would not be considered a desirable operator on the
airport.
12. Ecological Considerations. If Kittitas County determines that an applicant's proposed activity shall
cause a hazard to the health, safety and welfare of the citizens of Kittitas County.
13. Surety. Inability of applicant to post performance bond or prepaid rents equal to six months'
rental. (Ord. 92-24 (part), 1992).
411 North Ruby Street, Suite 1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
Dept. of Public Works
Page 4
The Department of Public Works recommends the Board approves the proposed lease to
FISH of the Elmview Building and Lot No. at Bowers Field Airport.
Dated this 2nd day of July, 2019.
Mark Cook
Director/Acting County Engineer
Public Works Department
411 North Ruby Street, Suite 1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663