Loading...
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 �Ec�scnoes...'ro rgE�ec� ��� '°, KITTZTAB COUNTY 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 U 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 L 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