HomeMy WebLinkAbout2017-12-11-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS
Public Works Study Session
Regular Meeting
Monday December 11, 2017 - 1:30 PM
Commissioners' Auditorium
205 West 5th Room 109 - Ellensburg
1. Call to Order
2. Request to Approve a Resolution Prohibiting All Heavy Vehicles Classified by FHWA as a
Class Group 9 and Above to Travel on Nelson Siding Road, Westside Road, Upper Peoh
Point Road and Thorp Prairie Road
3. FBO Services at Bowers Field
4. Interlocal Agreement with Kittitas County Conservation District
5. Other business
6. Adjourn
Created on 12/8/2017 9:40:58 AM
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FQ 9
K TAS COUNTY
THOSE PRESENT:
GUESTS PRESENT:
KZTTZTAI% COUNTY
DEPARTMENT OF PUBLIC WORKS
Mark Cook, Director
STUDY SESSION MINUTES
December 11, 2017
Paul Jewell, Laura Osiadacz, Obie O'Brien (BOCC); Mark
Cook, Luke Huck, Candie Leader (DPW); Dan Carlson,
Stephanie Mifflin (CDS)
Rose Shriner (KCCD) and Scott Chambers
REQUEST TOAPPROVE A RESOLUTIONPROHIBITING ALL HEAVY VEHICLES
CLASSIFIED BY FHWA AS A CLASS GROUP 9 AND ABOVE TO TRAVEL ON NELSON
SIDING ROAD. WESTSIDE ROAD. UPPER PEOHPOINT ROAD AND THORP PRAIRIE
ROAD:
Mark stated that this summer the Board of County Commissioners (BOCC), on two separate
occasions, heard from residents on Nelson Siding and Westside Road regarding the repeated
heavy weekend traffic during I-90 backups and closures. It appears GPS technology is rerouting
traffic from I-90 onto the local road network. The network extends from Thorp Prairie Road,
Upper Peoh Point, Westside Road to Nelson Siding Road where they reenter I-90. Staff is seeing
far too much traffic on these roads and while we see a lot of car traffic, the worse is the big Class
9 trucks (semi -tractor trailer vehicles). The problem with them on our local road network is they
are not built to handle that kind of traffic on a reoccurring basis. With some of these road being
only a chip sealed surface not asphalt. Mark continued that in response to residents in the area,
Public Works agreed to bring back to the BOCC the conversation about potentially limiting truck
traffic on this road network. Mark added that he has prepared a draft resolution for BOCC
review with the option to approve today if necessary. Discussion was held.
Board Direction:
Conduct research on whether a resolution yearly is necessary or if an ordinance can be
prepared for one time approval by the BOCC.
FBO SERVICES AT BOWERS FIELD:
Mark stated that previous conversations have been had with the Board of County Commissioners
(BOCC) regarding FBO services and have been receiving these services by Midstate Aviation
for numerous years. With the decision of the lease assignment from Midstate Aviation to Central
Washington University (CWU) this put into play, a year ago, that Midstate Aviation would no
longer be a full service FBO beyond the end of that year, more specifically November 8, 2017.
In anticipation of that Public Works went out for solicitation of FBO services and received one
411 N. Ruby, Suite #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509)962-7663
Dept. of Public Works
Page 2
response from CWU. After having a special meeting with the BOCC to discuss the proposal, the
Board elected to accept the proposal with two deletions: vending machine and car rental support.
Mark continued that he did prepare an addendum to the lease to include the service package and
it has been sent to CWU for their legal review. Discussion was held.
Board Direction:
Prepare enabling documents for next agenda session.
INTERLOCAL AGREEMENT WITH KITTITAS COUNTY CONSERVATION DISTRICT.
Mark stated that at the time of writing the briefing he was unaware that the C WPP was complete
until Anna Lael with KCCD reviewed the briefing. The plan was adopted under Resolution No.
2009-18. So this will be a plan update. Mark continued that through Kittitas County Fire
Adapted Communities Coalition conversations have been had regarding the All Hazards
Mitigation Plan. Public Works went out to solicitation for the plan and received four responses
with scoring of those being done now. In that process we have sufficient funding to update the
County Wildfire Protection Plan. Mark added that he reached out to KCCD with a scope of
work to prepare the update. This cost would be around $20,000. Discussion was held.
Board Direction:
Prepare Interlocal Agreement to be presented at the next agenda session.
l i{wK[kaU-
Mark Cook, Director
411 N. Ruby, Ste. #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS—BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DANT: December 11, 2017
TOPIC: Truck Restrictions on Nelson Siding Road, Westside Road, Upper Pcoh
Point Road and Thorp Prairie Road
ACTION REQUESTED: Direct Staff Docket a Resolution Limiting Heavy Truck
Traffic on Nelson Siding Road, Westside Road, Upper
Peoh Point Road and Thorp Prairie Road
LEAD STAFF:
Mark R. Cook
9E, C0MMI.3NDATION:
Direct that staff docket a resolution limiting heavy truck traffic on Nelson Siding Road,
Westside Road, Upper Peoh Point Road and Thorp Prairie Road.
BRHIFING SUMMARY:
• Heavy truck traffic avoiding 1-90 is damaging County roads
• RCW 36.75.270 allows the Board of County Commissioners (BOCC) to restrict
truck traffic
• A resolution is required to implement the desired restriction
BACKGROUND:
During summer 2(117, the BOCC and Public Works (PW) received numerous complaints
from county residents regarding heavy truck traffic avoiding Interstate 90. Staff has been
directed by the BOCC to prepare appropriate legislation restricting heavy truck traffic
over Nelson Siding Road, Westside Road, Upper Peoh Point Road and 'Ihorp Prairie
Road.
DISCUSSION:
Staff has prepared a draft resolution (EXHIBIT 1) for BOCC consideration limiting
heavv traffic over Nelson Siding Road, Westside Road, upper Peoh Point Road and
Thorp Prairie Road. The Icgislation seeks to restrict all FHWA trucks classes 9 and
above. This will allow dump trucks and concrete deliveries along with smaller panel
trucks. The larger trucks are particularly troublesome during periods of I-90 closure and
exacerbate traffic congestion. Restricting heavy truck traffic by resolution should allow
GPS services to pick up on the restriction (publish in the paper of record). Publishing the
restriction and signing the route cavies a penalty of misdemeanor for all violators.
Page 1 of 3
PUBLIC WORKS BOARD 01 C'.MNI Y COMMISSIONERS WORK SESSIONS PAPP RI:PORI
FISCAL, [M ACTS:
Publishing and signage costs are estimated at approximately $5,000 - 57,000. Costs are
paid by the Road Fund.
ATTACHMENTS:
Exhibit 1: Draft Resolution
['age 2 of
I'llBLIC WORKS BOARD OF COUNTY COMYI I SSIONERS WORK SESSION S [A FF RHPORA
EXHIBIT 1: DRAFT RESOLUTION LIMITING FI IWA TRUCK CLASSES 9 AND
ABOVE ALONG NELSON SIDING ROAD, WESTSIDE ROAD, UPPER PEON
POINT ROAD AND THORP PRAIRIE ROAD
Page 3 of 3
PUBLIC WORKS BOARD OI' COI MY ('OVA91SSIOAI_RS WOIZK Sf:SSION STAPP REPOR1
BOARD OF COUNTY COMMISSIONt-AS
COUNTY OF KITTITAS
STATE OF WAST IINGTON
RESOLUTION NO. 2017 -
TO ADOPT A RESOLUTION PROHIBITING ALL HEAVY VEHICLES CLASSIFIED BV
FIIWA AS A CLASS GROUP 9 AND ABOVE TO TRAVEL ON NELSON SIDING ROAD,
WESTSIDE ROAD, UPPER PEOH POINT ROAD AND THoRP PRAIRIE ROAD
WHEREAS: The Revised Code of Washington J5.75.270 allows local government, by resolution, to
linlit or prohibit classes and types ofvehicles and or the weight of vehicles traveling on
local roadways; and
WHEREAS: County residents report significant heavy truck traffic utilizing Nelson Siding Road,
Westside Road. Upper Pcoh Point Road, and Thorp Prairie Road attempting to avoid
nearby Interstate systems; and
WHEREAS: Local road infi-astructurc along said roadways is experiencing accelerated deterioration
from the increased use of heavy truck traffic; and
WHEREAS: Said restrictions are required to be published at least once in the paper of record, and
signs shall be posted on said roadways indicating the closure or limitation of traftie; and
WHEREAS: In accordance with the Revised Code of Washington 35.75.270, any person violating said
restrictions imposed by this resolution shall be guilty of a misdemeanor and
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest
ofthe public, does hereby prohibit all heavy vehicles classified under the Federal Highway
Administration (FHWA) vehicle classification definitions as a class group 9 and above, to travel on
Nelson Siding Road, Westside Road, Upper Pooh Point Road, and Thorp Prairie Road. This restriction
shall be effective from April 1", 2018 through April 1", 2019.
DATED this I Ith day of December, 2017, at Ellensburg, Washington.
BOARD OI' COUNTY COMMISSIONERS
KITTITAS COUNTY. WASHINGTON
Paul .Jewell. Chairman
Attest:
Clerk of the Board- Julie Kjosvik
Laura Osiadacz, Vice -Chairman
Deputy Clerk ofthe Board- Mandy Buchholz.
Obie O'Brien, Coin missioner
KITTITAS COUNTY
DEPARTM17NT OI' PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: December 11, 2017
TOPIC: Limited Fixed Base Operator Services for Bowers Field
ACTION REQUESTED: Approve the Lease Amendment with Central Washington
University
LFAD STAFF:
Mark R. Cook
RECOMMENDATION:
Direct that staff docket the lease amendment with Central Washington university for
Board action on December 19, 2017.
BREIFINC SUMMARY:
• Public Works (PW) solicited for limited fixed base operator (FBO) services at
Bowers Field for two consecutive weeks in November, 2017.
• A single responder provided a listing of services and associated costs (Central
Washington university, CWU).
• The Board recently directed acceptance of CWU's proposal (EXHIBIT 1) with
two reductions: vending machine and rental car support.
• The cost of limited FBO services is now S30,500 per year.
BACKGROUND:
The assignment of Midstate Aviation's lease to Central Washington university
(November, 2016) put FBO services on a termination deadline (November, 2017).
Recognizing the need for continuing FBO services, PW solicited for proposals during
two weeks this past November. One proposal was received from Central Washington
UniversitY.
_DISCUSSION:
Recently, the Board of County Commissioners (BOCC) directed staff to amend the lease
with CWU accepting their limited FBO proposal with two deletions: vending machine
and rental car support. The lease amendment is complete and awaiting CWU acceptance
(EXI11I3IT 2).
FISCAL IMPACTS:
The cost of limited FBO services per year increases from 520.000 to S30.500.
Page 1 of 4
PUBIA WORKS BOARD OP C'OtA [Y C'OM,�,IISSION17RS WORK SESSION S'[APF RFPORf'
ATTA HWl--,\-FS_
Exhibit 1: CWUproposal
Exhibit 2: Lease amendment With MU
Page 2 ot'4
P('131,1('WORKS 130AR D OFCOIN I YCO.MV I SSIOXERS WORK SESSION S IADP RHOR I
EXHIBIT I: CU.NTRAL WASI[IN(i70\ U\IVERSI'IY UMITH) FIXED BASE
OPERA"FOR PROPOSAL
Page 3 of 4
PUBLIC WORKS BOARD OF COL N"I Y COMM ISS10A1 RS WORK SESSION STAFF REPORT'
92
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:
o 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.
o 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 N'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.
o Act as security monitor for airport access through all gates.
• Runway check once a day (Monday through Saturday).
r 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.
I
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
534,000.00
3. REFERENCES
This is a list of references who have worked with CWU related to having services
provided and those specifically related to aviation.
3.
4.
Reference Contact Information
Matt Boast (KittitasCounty PUD General Manager) 509-933-7200
Bill Houston (Long Time Pilot/Retired Alaska - 509-899-1030
Airline Employee)
Rich Elliott (Mayor — City of Ellensburg) 509-962-7221
elliottr@ci.ellensburg,wa.us
JuiePeterson(CEO— KittitasValley Healthcare) 509-962-7302
— -- ---
4. CONTACT for CENTRAL
Sundaram (Raj) Nataraja
Professor and Chair, Department of Aviation
509-963-2386 (sundaram. nataraja@cwu.edu)
December 07. 2017
Mark Cook- Dur clor-----
Mr. Smidaram Nataraja
professor and Chair. Depaitinent of'Aviation
Central Washington University
400 East L=nivcrsity Cray
Ellensburg. WA 98926-7430
RE: Limited FBO Services at Bowers Field
Dear Mr. Nataraja:
'I he Kittiias County Board of County Commissioners has directed me to thank Central
Washington L'niversio for responding to our recent solicitation tier limited fixed base operator
services at Bowers Field. We are pleased to notice you of the Board's decision accepting yaw
proposal Kith the tbllowing deletions from the set -vice 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 mininuni of
eight hours per day. sis 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 sen -ice
package as amended above and fornialiu an annual lease credit in the amount of 5;0,500 per
year until the end ofthe lease or as mutually amended in the future.
Sincerely.
Mark R. Cook
Bowers field Airport Manager
411 N. Ruby, Suite #1 TEL 15091 962-7523
Ellensburg, WA 98926 FAX (509) 982-766;
EXHIBIT 2: LEAST; AMENDMENT' WITH Cl-l-N-fRAL WASIII , NGTON
UNIVERSITY AT ROWERS FJELD
Page 4 of 4
PUBLIC WORKS BOARD OF COI, \IYCO'vINIISSIOSi-.RSWORK SESSION SIADP REPORT
KITTITAS COUNTY AIRPORT
DEPARTMENT OF PUBLIC WORKS
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this _ 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.
WITNESSETH:
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
atter the effective Date of this Agreement.
2) Paragraph: "Sale of Aviation Fuels" is removed from the lease.
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.
ATTEST:
Clerk of the Board
Approved as to Form:
Prosecuting Attorney
WSBA #
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Paul Jewell, Chairperson
Laura Osiadacz, Vice -Chair
Obie O'Brien, Commissioner
LESSEE:
Paul Ballard
Central Washington University
EXHIBIT I
(County Lease)
.y KITTITAS NTY AIRPORT
t _ DEPARTMENT OF PUBLIC WORKS
LEASE
THIS LEASE nade and entered into this 27th day of Ocicber, 11998, cy and
bcrAeen Kittitas County, a municipal cor^rcraticn in the State of Wasnine:cr, rereiraau
re`erred to as the LESSOR, ano MIDST ATE AVIATION, INC., a Washington,
rrereiraftar 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 prooerty, described as follows:
See Exhibit "A" attached hereto.
Containing 95,396 square feet, more cr tess
Tnis -ease is made in accordance with; RCW 36 34.
TERM; The term of this lea=_e shall be for hvemy-five (25) years and vril ccmrarce
c,: the 1st day of Novembef, 1998, and terminate on the last day o' October, 2023, except
as provided hereunder.
RENT: Rent shell be paid in advance on a monthly bas's, With the 4irst caV^::e TT a -e
on dr before the 1st day of November cr each year beginning with Noverbe, I '998,
continui:^g thereafter until ten- ^aeon cf !his :ease. The rental `or each yezr sn it I= a=
ot.cws:
1110119E — 10/31104
Land lease rate - 95,396 sq feet t@ 6 cents pr sq P
S 5.724 per yew-
11101 /98 — 101,31104
Main hangar' building lease rate ^ 52.00 per sc F:
$40.GCC per yr:a
11!01/98 —10/311144. (6,534 sq 4tl
1 and lease for Moe buildino site @ 5 cent pr sq ft
= 5 592 per y:: -r
INVESTMENT CREDIT (20 YEARS)
111/01l9E-1CB 11199
= �S 10. G'GY?j
11101199 - 110131100
= (S to CCO:.
11/01/00-101311101
11Q i/Ot- 10;31iiE
_ ;5 7,SGGje!v;;'a:
hNpSTATE AVIATION LEASE
rage 10 of,
Act
AIRPORT ..•.....—...
KITTITAS COUti y
Paid for improve^'•ens into
(This credit represents the investment "Aldsate Aviation -
the new main hangar eonstruCliOr.) '--
CRECIT FOR F80 SERVICES
A cradi; of not less than 520,000.00 per Year ahall be given 2-essee as
long as Lessee prcv�g credit tifrenbe rev o1 Services ach year' blfclesseen x •I`• ails 10
attached hereto_ ,,rated co reflect
Perform SII Or a portion of the services. the credit shall be G '
the actual servicos performed for that year-
ADJUS MEDT OF RENTAL.
Aparthe fifth year, the Lessor shall ha✓e the right to madJus[ the rent on or
nth and iwenrfelb y¢ar o1ease ;or each
before November 1 of fie fill tenth, f1hee,I jOT EXCEF.G THE
follow(rrq five year period; provided, however that any increase shall A
CUMULATIVE EFFECT OF THE CPf INCFX E
O JER THE ?REVIOUS AVreYE.4R` bRnc -
if Ehe Leasee does not agree with It -e ren721, the ss -e ^ r g ` si
'e I arc a;btr for d t e v r. I
cl i < tr -d ar e. r! f
li in - I esee elects to arbRr e.. theLass hall se r
"'al, select one arolirata and hvo o ro c
arbi,. to shall have the authority to in rea r t - , .� c. o int h
ar;d Doth parties $halt be bound by .I•= d_c .-�` c he a:: .r. for
a: zatraunn shalt he bone by the Lessee -
SE-
LEASEHOLD TT IX. in addition to n✓ rertVeate c, ahidej I'Te Co _plr 61.
`r s
to the Lessor the leasenold tax as set 'urth 1
tile Of 1976, Second Execu!rve Session tR-C VV b2.Z9;,) ^r s amend i
aad payable at the some time the rent el charged herein n due enc p<,J t:1e.
FIRE PROTECTION ASSESSMEP I: 1r dd r c zrJ r_ nl e ' _ -
Lessee shall pay an annua f which s Ire Ir =e�' u' I e for i re n to -c
SL. t equal to $',w (plus any Special leve s o t`he r r C s rrl t I n t as rTr Iv c
a p ,vel) per 5? JCQGO �..pf lied ✓aI e Izn0 v r'p n+ I orf c r i
msec The voice of the lowed pr ril— -.I4'1 b -n red by the K s Lc, 3 `l
.e
Fie
Assessor. This fee shall be dUe annuefiy esdr and e'+e'9 d°' 'a
due Wnd payable on the ist day e5 M31rh f enc -y` r
'TIt-1 UFS T'le Lessee -hallo J cr x r f o-' =1I h y rvlc 'cc
u,
1 10 Me fes, rrcn v�1'.
'he Of T1! 25 Any Such
a%-1510(5 ti I b 5 r'"
t, e p e `•er r r ci t;an
P_JRPOSE: The Lessee
lessers p•oAldi rg fUel and repa r s .rvice_.-
related activitles.
!AIJSTATEAA'IATIOH LEASE
17 of t.
PP.Gi' 2
i�9'!C
KiTTrTAs COUNTY
A!Ri=JPi
SALE ELF �APjA ICN FUELS: The Lessee shall sell and dispense during
reasonable business hours aviation fuels of the types and volumes requlree (ard •attidr ata
available for resale) by the users of the airport facli!iies. The Lessee shall coliect a fuel
flowage fee as established by the County a, -.d shall remit all fees collected to the County on
o quaner!v basis The County shall have the fight to audh the Pual sales acd use. The
County shad notmy, foe '_essee of any ordinances or resolu!iens •vvhich may periodlta'.ly
change the fuel flowage fee.
The Lessor shall be res=ponsible for the repair and malntecer,ce of the fuel facRy
eeuipment.
The Lessee shat: be resconsiloe for the day le -day operations cf the fuel facifty
equipment.
RULES PND REGULATIONS- The Lessee acrees to compiy with al! pertinent ries
and regulatipns of the ed.=,nal, state and local governm.erts, as well as the rules
regulations, ordinances, and minimum standards of the Kittitas County Airport (Boyers
Field', as are presently in effect and cay in the future re adocred. The rules_ reg=_lotions,
ordinances and minimum standalds of the Kittitas Ccucty Arpon (Bowers Fie{d) are made
a part of itis Agreement arc shail have the same effect as theuon wr4ter' her lain. A copy of
the Kittitas County A.irpcn Standards is on fie in the c -ice of the Kittitas County Deparmont
of Public VVohKs
LESSE= HUfL�INGS. The Ccunry hereby ackrow!ecges that the Lessee owns
roti origin, -al knidstate Av�a bn o'iice b titling {2-r ha_ed',to, Ellegscuro Flying Service.
40'x 55 office building) and t`'e trailers oo the previous Pdidstate Avian" lease At the er;d
of the term (including any accelerated tesrninatioN of this lease, the Lessee shall remove
said buIIdings from the premises within 30 +.hirty devs. Failure to remove shell cause said
improvements to oecome the preoehy of tYie Lessor. Ail ccs:s for such removal. Including
costs to remove debris from the site, repair any damages and provide tie obs for utility
connections to the satisfaction of the Lessor. slasl Ca the sole responsibl!ity of the Lessee
CCNSIRUCTICN. Anv ne•N proposed structures or improvements =hall ccniorm to
reouired minimum setbacks as detereined by the Kittitas Ccu ty Bu idino Department.
Prior to cecstfuctlon• S^.e Lessee shall submit a wditen plan, aric spec:=icstions for mli:
ccnstrucf:an work, including any, proposed extecsiun of utliities. end said imoranrr,=cis
shat! not be constructed witnout said plaF.s havir- r r t been pp ootid in vv -:ng. b, the
Lessor's Dir c to. of Public Works and the D,rector of the Rui!d;, g Deparmerf..
Hoy future improvem,60s ucco Una leased Promises shah t!oro to t es sue rTld
tell oI removed wtthi.n ,hihy (30) cays at.e ex it tion of the term of the lease or any
subsequent term of the lease..
In rhe event the Lessee is dirs', ed to remove said bt,ulcmg and `mcrovsmcrs, l;le
.wrk shall be completed within thirty (30) days of the termmancn of the !ease. The Lessor
shall provl be ire Lessee nonce in writing at least 30 days prior to the tecninetion of the
Lessors intent for such removal_ Ir- the event notice is not given, or the Lessee fads to
Ccrnpleta such rernuval within the prescribes time !Im.,ts, the bui!c;nc and other
nn^STATE AVIATION LBG£E
IS of ,
PAG-, 3
Pa2r
AIR=ORT
KITTITAS CoOY.TY
naprevemens sratl baco:ne the proearty a; the Lessor enc ary removai casts 5-o41 t.e
assessed the Lessee
( pCN71 M41N H, 6AR REPAIRS- The maim nance and repair of th p r, o=ed
ha 6 r - ucPur and ocher rnprevernenls shall be the resGonsaifdy or the Lessor, r c s d`c^y
uL'..iaeswdhnn ;I;c leased area.
MAIN-iE^ .NCE_ The Lessee agrees that it wiil net cornmit waste and s"at a'+�=^
keep said psemises Irl a safe, sanitary, neat, presentable, and off-,- lsa ;Doti conddien,
and in yenerl shell comply v lin all the applicable governments) Nies, ordinances and
reculatP_uts as :ray be required or imposed by such authorities ea said premises and shell
cer :ply •'. h any direction pursuant to 'av, ei ary public o3';ccr of e fi ors ,A c r!I b3
empowered to enforce ioca', state and federal rules_ regulations :nde d;nan , u ' 'r'_
Lesse_ wa?: respac; to the said ;remises or the use, eccupancy, or control thereon and sial!
ra s.:iier any im^roper or offensive use c% said premises.
AREA MAINTENANCE ' _ssee irell, durirc T term of tns ease. �- Ir n [
le
ar t . er t to building and boundary trie of said lease to the s u f c ion Of lf,.e LeSs`{
T r r !' be Rept iree c'..I dehris weeds ana 6ru n fer,hc arm c" tt s i _ Public
.' F:o:bar^e the Kanas County Weed Authr:MY or K.tltas Cot tv Dep2nn'cjj c.
'r renes!or any c sir purr c' in the :I,,ent trial the County Weed Aulh rey or K , Cecnry
Le�dt7m.
Or Pub ,c Wer<s v-dertskeii noxious weed or vegetation control r, s -r.
INSUi2ANCL The L ssee s'Ta' obt 'n and es nt in fore ucd ly v
as
gr m_nt a If bitty Insu t a e p011cf, v.hoch prov=e, s p o miction rvr boJ' J it u +
Dean; ant: property damar.0- Salo insurance shat provide conic age by trie Ls -:e 10 of V
enp'cveos or perm.ttces of t'ne Lessee, and shall name the Lessor as ccinsutec
Pursuant to Resolution No. Efl-73. ci as may be amended ne;aa'-..0 lability
s.:rance poitpy sha!i have the fo!lowmg provls;ons, at a minimurrc
1 Premises and leased area l;aai6ly coverage in an amour: nct less-
51.000,-100.^.0. ., Cc,rr=.
Provide to, not less than thirty {30) days advance ww; en notice to Kit[!'e_G
regarding any rderial ciange far trimmnattcn of the policv.
Lessee he et: releases tessor e nd fr,, every and a 1 t ca a _ Of
tll..d: Lessee may te=ea`tar have aga:n , L _sor, is successors Of assn
�,;h eny ions '.osses occas;cneo b} i -re ana : c' i'er s
r�r the Tori al extrr,U c ccve'-ge oases o' Iasi nun pulls s and ,'c v vo: ,r:
r ci .s o Dog t �r i vc of n ur +.^.e ca -ie s again s
losses ocas:-.ned by fire and suet, it'ns, as are included u
covere'>: c;a_usas of fire insurance pohci-s, and sustained cy Lessec it _
premises and Ie=sed area -
The 1, essee shay provide the Lesser wish a copy of said pclicy_
3, tC5TArE AV;AnON LccASE
h'19C N O 1 ...
PAO.' 2.
HITT'rAS COUNTY AIRPGRT
AIRPORT TFvs,FFl C: it Is cnders'ccd arc anreed tcet I`?a L;assses use Of said
remises and leased area shall not In any manner ic!erter, Or restrict the use o' airaa`
Iancings, take-cds, Or storage of aircraft as ire a:rcor. �s presently cons'p=ed Lessee
=_hall ccmply with all rules and regulations of the Federal Nviaticr: Admirdstration.
Washington State Department of Trarspcnalror. A.eronaut',cs Cjtvis;or, are the Kitites
County Airpor, Standards.
HUNTING: Hunting cr d'schar9ny ci firearms •rr.l'I nc; be perm. ted o.. „r firer, said
premises or leased area
NOTICES Any notice given by ere party to'he ctrrer it mrnen:on with this
agreement snail be in writing and shall be sen: by cer-;Ted or -eglstered ma!l, reiurn receipt
requested as follows:
1_ if to Lessor, addressed to
KNtas County Depar'ment of Puci!c `Ald,�s
205 W. Fifth, Ro" "18
Ellensou:g,'Nashiny^ton 98926
2. If to Lcssee, addressed to:
Midsta'e Aviation, Inc.
1101 Dowers Road
Eilensburo,'A'A 9EB23
Notice shall be deemed to have teen, received or: the ca±e o-' reCea1 as shown cr,
the return receipt.
Notice need Le sent to cut one Lessee where the Lessee is mere than one person.
ATTORNEY FEES: In case Lessor snail bang su°t to recove- ary ren: e_e
hereunder, or far breach of any provis'.on of this :ease, ^; to recover possessed C4 the
:eased premises, or if Lessee shall bring any act,cin io, a,.y reaef aoa,rst ',_&sore,
declaratory or otherwise, arising out of [nis ;ease_ the OrevalilnQ oahy shall recover
reasonable ahorney Teas wr Ch sial! be deic-Tined ane taxed by the ccs- as par• C" dre
costs of such acticn.
Rar.9HIS OF -1 tl. S._Gf^Vr-RNb'cN The Less,'hot,'I,'s 'T' to :"e orcoery
erein leased r ala!ly by virtue of a deed iror !he u m.ed Stc.- o Govcrn^enL A coov
said deed is va:�ab'le fcr insoectior at the o'r e of the Ktlites C durny veoat rrc-nt of Tub:
VJC,-Ks, hereto and made a pal of this first=:meat 3s ineuer for% set forth her..=1n. Less=_
agrees that it V 11 no nothing which will cause the Lessor ro ee in v;o13P,Cn c. the terrns of
5 td deed. Lessee '. rtnermwe agrees that it ha 13u =ren;; e u, ortur'rq jd review said
deed and is aware of Ell Of the terms and =nditicns therein:.
NIDSrATE AVIATICN LEASE
Face=(1')i _
rArE
wrnTAS OOV:YTY AIRPei37
AFFIRMATIVE ACTION. The Lessee assures that it will undertake air, arfirmanve
action program as requirec by 14 CPR Part 152, Subpart E, to Insure :hat nc person shall.
on the grounds of race_ creed, color, atonal origin or sex, be exc!udeo ncm p rr pating it
any employment activities covered in 14 CFR Part 152, Subpart E The Lessee assures
that no person snail be excluded on these grounds from participating In, or recewirg the
services cr benefits of, any program cr activity covered by !his subpar. The essee
assures it will require that its nevened subcrgarvaticns prcvlde as_surarce to the Lessor
that they similarly w'! undertake affirmative action programs and that they wif require
assurances from their suborganoaiions as required by 14 CFR Part 152, Subpart E, to the
same effect_
ASSIGNMENT: The Lessee shah net assign this lease nor sublet any ponbn
thereof wi'.hout first obtaining the written consort c' the Lessor, which written ccnseni Stili
be evidenced by passage of a resofuticn assgnlcg the lease
HOLD HARMLESS. The Lessee h=ereby acrees to indemnify and hold harmless the
Lessor frcr. any and all Bairns or demands wna',soever arising out of any;oss dnTracacr
injury to persons or ornperty resut!rg from the Lessee's use or occupanov cf ?aid orenises
and leased are_, or causes: by the acts or neglect of the lessee, his agents or cmp!oyees
BANKRUPTCY It is further agreed and understood that in case of the insolvencv or
bankruptcy cf the Lesse., cr ary as ,gnment for the bene"t of creditors or % aop ;meant
of a receive, `w the Lessee, this lease shall be iremeciafely forfeitec and shat be of no
further orce and effect, and that th,e Trustee in bankruptcy. Receiver. or Assignee for one
benefit of crecitcrs shad not have any righ's whatsoever in the cemised premisas.
DEPAULT In the even: the Lessee shall fail to comply with any of Lessae s
commitments. duties or responsibilities under ihis lease, or any of its c ndifons or terms as
herein stated, thin. Less,-- may terminate this lease by giving thirty (30) days wn!ten notice of
the conditions or terms using violated. If said failures are rot corrected vnthin the thiey ;00)
day pe,i=. tnls lease may be tegmina ec and :he Lessor snail cc eni,tled to ceaceaoN
retake possession of rrc premises, orovided the Lessee_ =_hall have the font to renove
im. mvements as here r, prowdee
VJ.AIVER No assent, express or imps cy tis Lessor to any ore=ch G' ,any o:
Lessee's c0verani s. agreements concit,ons or terns herEzf snail be seemed cr 1 -ken tc
be a waiver of e -y succeeding bread: e' any acvenant, agreenem oorc.non or term
hereof.
VENUE. In tre eve. -.1 cf eny :Inn,atzri be;tiveen lessor and lessee ansirc out of tf.fs_
lease, the vane's, such actior snail lie in Kimli_ County, notwithstanding any contrary
provision u,'tr,e Revised C nee, of;Nasnington
APPL,fCABILITY Tne covenants, agreements, terms anc zorztiors cortaned in
this ;ease shall apply to arc be binding upon Lesscr ar,d lessee and Lhe r respective hens.
axeCLlCre10rnc4 strators, successor and assigns.
ramsraTFAVIA*irA -,%,[
Pat_': 11 OI J.!
PAGE h
Kn7JTAS COUNTY
NRPORT
IN WITNESS WHEREOF, the Lessor and Lessee have sigred the;., names ar,d
armxed their sears the day and year first above written.
?•O"'c r_LcG1JAllorney —
YVSBA.: .. ,
MID5TATEAVIATION LEASE
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, VVASHINGTON
n`' L ..._
Chair erso
LESSEE'.
NOJDTAE A.MATION, IN O'\
i IN
Ron IAitchel
PnLlC 22 o I' 3,
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Page 11 ul 33
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Page 11 ul 33
BOARD OF COUNI'1COMMISSIONERS
COUNTY OF KITTITAS
STATE OF %VASHINGTO,',
RESOLU"LION
NO. .20LE- PIE
RESOLUTION TO APPROV E FIXED BASF. OPERATOR SERVICES AT
BOWERS FIELD
WHEREAS- Kittims County currently receives Fixed Base Operator (FBO) services
Iron Slidstate Aviation: and
WIIFRBAS: Kittitas County and Mldstate Aviation desire revising the FIO smice
package supporting airfield operations at Bowers Field; and
WHEREAS. The FBO service package Is attached to Midsude Aviation's Bowers Field
leaso agreeanent as 'Exhibit V,
NOW, THBRFORF. BF IT RESOLVED Ina Board of County Commissioners does
hereby in the hest interest of the public, move to approve said Resolution adopting a
revised"Exhibit B" to Mid nate Aviation's lease at Bowers Field.
ADOF''IfFly this ;rd day of November, 2015, at Ellensburg, Washington
rc
v BOARD OF COLA"I'Y COMNINSIONF.RS
K1 ITITASCOUNTY. WASIUNCrTON
C:u} Berndt, Cl:arnmrA
3Sepay CIA of the Hoard
Ohie ' �cn, Vicc-Chairman.
C—�, -.1 Cot�ssion
in£t�i �41 nl i,,
K imtas County October ?G. 201 i t�hi9it U
Fixed Base Operator Services - 520,000 per pear lessee credit
%fzimain and stiff FBO ofttiice- to include a pilot lnungo, trmssiem nils! Iea!L+cr
Infomution and fight planning, roomand vending machin"', a toinlrmms M 8 hours
per day, 0 days per week.
I urmsh, Alcan, and stock restroom" arail IF1t to tits g,eneruI puhhc ?+ fou, per day,
7 days per wc.L
Provide courtesy vehicles for transient pilot nsc aubiecl to uvailebility-
mwmv- County lie -down area.
Coor.ivam wth Airport Manager and file NoIAMS with PAA as required (or
salely cf o,pemumne.
Act as security monitor for airport access through drlce-thru and walkitrg
Consult Willi Airpord :Manage* and support personnel whun rcyr,csmd on Ai,porl
Issues.
Operat, in aircraft mnintenaace and repair -facility including aurramxc engineand
accessory rernirs.
Provide housing of County owned fuci facility computer and warnm" sysla!Ts_
Manag,e flml facilities. Provide Avgas and Jet fuels for local end transient pilot use
Ptm& Jet cfucliug truck for full soul". fueling un request_
V7 c tare Avra u, leases
Paloe 25 of 33
VOLUNTARY TERMINATION OF LEASE
This Voluntary Termination of Lease U made and datad this 271h. day of Cotober, 1998,
by and between KITfITAS COUNTY, a rnunicical corporation, hereinafter refer- to as the
Lessor, and MIDSTATE AVIATION, INC., hereinafter referred to as the Lessee,
WITNESSETH:
That Lessor and Lessee entered into a Lease on February 2, 1993, a copy of wNG�!s
attached hereto and by this reference incorporated herein.
That the main hangar building collapsed in the winter storm event of 1996;97 'he,- was
a pan of the !ease. A new facility has been bulli and ;he configuration of the ongical lease has
been changed and the lease does not provice for the new facility.
That Lessee has applied to the county for a new lease. A cubic hearing ercer .RC'N
36,34, 180 was held on October 6, 1996, and continued to Octobef 27, 1598, to consider
leasing said county property.
THEREFORE, both Lessee enc. Lessor hereby terminates the anacned lease of
February 2, 1993, as of October 27, 1998, and Lessee ten—vnates all interest in the prcceny
which is the subject matter of said lease
K17TITAS COUNTY
RGARO OF COUNTY CCWM..iSSIONER5
i
iaary Seuberi. Cn'air---- �i----
1 / �
MnxrA.'Gc;laday, Vice thai: /
,.:.'Hink!e„ Commissioner
•.i. Iu SIC NIF V.
P't•r �6 UI i
I 'a", c 2 -1, o I 13
EM—nBI i 2
(Lease Addendum)
KIT! ITAS C—N I Y AIRPORT
DEPAATff ENTOF PUB_— WORKS
-- - ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this i day of M,arrA, 2014, -y ane
between Kittitas County, a municipal corporation m the State of Aashin gton, nvetnaher referred
.o as the LESSOR, and MIDSTATE AVIATION INC., and hereinatcr re'er ea to as the LESSEE.
WITNESSETH:
WHEREAS, LESSOR and LESSEE entered into a Lease on October 27, '", , a copy of
which is attached herald and by itis reference incorporated herein, and
WHEREAS, according 10 Paragraph 3 "Adjustment of Rental% is states ` Attu tI,e fifth
year, the Lessor shall have the rght to ro adiust the rent or or before Novemhar !"'of the firth,
tenth, fifteenth and twentieth year of this lease";
WHEREAS, it has been agreed between LESSOR and LESSEE that the f0towing CPI
li,dex 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 acd between the page; to a charge n
rental rates and contract terms as'ollows'
1) "Paragraph #2- Rent" - Rental Rates for 11/01/13 thru 10/31/18 Term
Land lease rate - 95,396 sq feet
r 11)o1N3-'10131!1 a-
Previous Rate
Rental Rate -
Term
Per Year
(E 067 per Sq F,)
Net In wdng Pec hn d
56 200 7
Tax—
$5.347 Oa
I 7110 1 x13-10131114
I4 11i0l14- 0137! S
$6,347 CH
1110^115-1 x31116
S G 347 08
--
,I
S6,34708
'— 01/17-10f31118
11lC / d
R 0 1 so n ate
't➢^ tII?enr Leasabnid Pxc/e'e Tex RJle is 1264%, ns Jslnrron:erf Oy Jn $Fara O A srvn9•an nnC rt'e0lecf ro c_
Pa,=C^Sof ;;
{:r IFIA3t' UhI• {iln .l Iii
Fuel Tank Rental rate —
'The cwrgnl I.ellsegDW &cno Tec ReM is 12.94%, es de a robeU by @e Stare of ?)a 3`exon a -,d is subject to Cre,"
Main hangar building lease (20,000 Sg Ftl,
Previous Rate Rentaf Rate Per Vear
IS2.30 per Sq. Ft.) (52.354 per Sq. Ft)
Not including Leasehold
Rep e9ctiate _ (
"M: currert.o95dlldg Ell.. Tui Rale al 12.4411, .1 the Smfe o/ flasdiufcn:mdis su6171 (u cfanpe
Land lease for_Moe buildin _S 534 sq k):
11101:1 3-1 013111 8
Previous Rate
i Rental Rate
Per Voar
! (5.067 per Sq Ft)
Term
Per Year
Not Including
Leasehold
-_- _—.___ ._ .._._..__..
S 424.7+
N/A
TAY'_
1
_..
_--__ _—
$434 73
1.01116 10731/17 —
5 4 7 ....._3_ .__
11/01/13-1013111 4
4 /OV1710131/19 �
$439 73
r 1110"fO1D •.,
/011 14-1013 1115 _1.
-
�. _ y4 UC000
Srnrc o/ N, s:rinafen aid rs,cvbvu L7 dlerge
11101(15.1C131(16
4000A0
54000_CO
/IS- 10/31/17
11/0117-10/3118
'The cwrgnl I.ellsegDW &cno Tec ReM is 12.94%, es de a robeU by @e Stare of ?)a 3`exon a -,d is subject to Cre,"
Main hangar building lease (20,000 Sg Ftl,
Previous Rate Rentaf Rate Per Vear
IS2.30 per Sq. Ft.) (52.354 per Sq. Ft)
Not including Leasehold
Rep e9ctiate _ (
"M: currert.o95dlldg Ell.. Tui Rale al 12.4411, .1 the Smfe o/ flasdiufcn:mdis su6171 (u cfanpe
Land lease for_Moe buildin _S 534 sq k):
I 11101/03-t 0131l6p � Previous Rate
j Rgntal Rate ;
Term ($.065 per Sq Fp
! (5.067 per Sq Ft)
Not including Leasehold r
•_ _
_ e�
-_- _—.___ ._ .._._..__..
S 424.7+
11/01113 _IM11_114 j
f 543473 (
4c A 73 1
11 /71; 1 5-1 013 111 6
$434 73
1.01116 10731/17 —
5 4 7 ....._3_ .__
4 /OV1710131/19 �
$439 73
r 1110"fO1D •.,
_. Re Lycf•a!e
'Lna swren(LCasefxrld L,nse id+ Rate a 12. el M a_ s_,i r.un:ad aY ICs
Srnrc o/ N, s:rinafen aid rs,cvbvu L7 dlerge
. e� c.ra ... n........x.. 'c4^ene',.o
R'ri-AS GC'J NtY ..'IR -CRT
"Paragraph #6 -Sale of Aviation Fuels" -wlll read as follows:
The Lessee shail sell and dispense during reasonabie business hours aviation fuels of the
ypes and volumes required (and which are available for resale) by :'he users of the airport
'actlfes The Lessee shall col@ct a fuel flowage fee as foilcws'.
GALLONS PUMPED FUEL FLOWAGE FEE PER GALLON
o 1_to 50,000 Gal. _ _..I -- $.06
__.
� 50,001 - 75,000 Gal. S .04
75,002 or More Gal. $
.02
3) "Paragraph 05- Fire Protection Assessment" -will read as follows:
in addition to any rental herein provided, the Lessee shall pay a fee which shalt be in
fieu of taxes for fire prolertion services. The annual rate shall be based upon :he
annual fire assessment determined by the Kfttilas County Assessor and Fire District #2
to be calculated on January 2"of the current year. The assessment shall be due and
payable concurrently with the lease payment or through Personal P, operty 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 seals the day and year' irst above wn:te..
•.., ATFEST' . �
x t
x
G.erke.'ihe 3oa�•..�--. _ __.._
Approved as to Form'.
Prosecu0ng Attorney
VVSBA #
etio".c:e Atianpn ..eerie Actlentl,,;r•,
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTI' COUNTY, WASHINGTON -
PauIJ heirperson/y
Gary Benndl Vice -Chair
Ministate Aviation
Page 30 of i 3
PAGE_
EXHIBIT 3
(Description of Property)
N
O
U
px-a
I),Ilu", I I of ""
EXHIBIT 4
(Form of Bill of Sale of Midstate Office /'*'lain Hangar Building)
BILL OF SALE
IN CONSIDERATION of the payment of ten dollars (5I0-00) 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 Sellers right. title and interest in and to
the personal property described as Tax Parcel 951461 (the "Vern Mitchell Buildine," also known
as the "Moe Building"), a 3,600 square toot building. Seller warrants to the Purchaser that Seller
is the lawful owner of the property and the property is free from al I 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 IZONICO. LLC.
a Washington limited liability company
Bc: Sf)\IA MITC}IP1,1.
Its: Manager
I have read and hereby acknowledge receipt of [he original copy of this Bill of Sale.
CEVI-RAI, WASHINGTON UNIVFRSI'IY-
a public institution of the State of Washington
By _ �prun name]
Its: -,__ -___(print title
I XHIBIT 5
(Form of Bill of Sale of .Midstate Ground and Flight Training Building)
BiLl, OF SALE
IN CONSIDERATION of the payment of ten dollars (SI0.00) and other good and
valuable consideration, SIERRA ROM10, LLC, a Washington limited liability company
(-Seller")r 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 Iax Parcel 951466 (the `Midstate Ground and Flight 'I raining
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, anal Seller makes
NO IMPLI6ll WARRANTY OF MERCHANTABILITY AND NO IMPLIED WARRAN'I'llIS
OF FITNESS as to such property.
DA 111) this___ day of . 2016.
SIERRA ROMEO, LLC.
a Washington limited liability company
13v: SONJA MI"pCHF,LL
Its: Manager
I have read and hereby acknowledge receipt of the original copy of this i1iI1 of sale.
CENTRAL WASHINGTON UNIVGRSIfY,
a public institution of the State ol' Washington
BY: ._ sprint name
Its: (print title]
Page 31 of3 3
KITTITAS COUNTY
DEPARTMENT OP PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE:: December 11, 2017
TOPIC: County Wildfire Protection Plan Update with Kittitas County
Conservation District
AC'T'ION REQUESTED: Direct Staff Bring Enabling Documents for Board Action
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Direct that staff prepare enabling legislation supporting an interlocal agreement with the
Kittitas County Conservation District for preparing an update to the County Wildfire
Protection Plan.
BRF,IFING SUMMARY:
• Kittitas County Conservation District (KCCD) has led previous efforts developing
the County Wildfire Protection Plan (CWPP).
• Public Works (PW) is funded for updating the County's Hazard Mitigation Plan
(limp).
• The cost for updating the CWPP is 520,000.
BACKGROUND:
At the request of the Board of County Commissions, KCCD assisted with completion of
the CWPP in 2009. It was supported and adopted by the BOCC. in Resolution No. 2009-
1$. PW is funded (S91,125) through a FEMA grant to update the County's IIMP in 2018.
Recently, PW closed a month long solicitation for professional services from
environmental planning firms supporting an HMP update.
DISCUSSION,:
PW desires having KCCD update and finalize the CWPP for inclusion in the HMP.
During recent conversations at meetings ofthe Kittitas Fire Adapted Communities
Coalition; all agreed that having KCCD complete the CWPP update effort is desirable.
KCCD's efforts will also reduce the amount of consultant work updating the .HMP.
FISCAL IMPACTS:
The cost of KCCD updating the CWPP is $20,.000. The effort is funded within the cost
of updating the 1 IMP.
ATTACHMENTS:
Exhibit 1: Draft interlocal agreement
Page 1 of 2
PUBLIC WORKS BOAR(? OP COIN'"IY COVtMISSIONE72S WORK SESSION SfAI IREPORT
EXHI}31T l: DRAFT INTERLOCAL KCD FOR UPI)ATING
THE CWPP
Page Z of 2
PUBLIC WORKS BOARD OF COUNTY C:OMMISSIONFRS WORK SESSION S I AFF REPORT
INTERGOVERNMENTAL COOPERATION AGREEMENT
BETWEEN KITTITAS COUNTY AND
KITTITAS COUNTY CONSERVATION DISTRICT
FOR COUNTY WILDFIRE PROTECTION PLAN UPDATE.
THIS AGREEMENT is made and entered into this day of
_ __. 2017, between KITTITAS COUNTY, a political subdivision of
the State of Washington, and the KITTITAS COUNTY CONSERVATION DISTRICT ("the
District'), a political subdivision of the State of Washington.
WITNESSETH:
WHEREAS, the Interlocal Cooperation Act, as amended, and codified in chapter 39.34
of the Revised Code of Washington ("RCW"), provides for public agencies to enter into
agreements for joint or cooperative action authorized under that chapter;
WHEREAS. the County and the District are public agencies within the meaning of
chapter 39.34 RCW:
WHEREAS, chapter 89.08 RCW specifically provides for the District to enter into
interlocal agreements;
WHEREAS, the District's mission is to provide leadership, technical, educational and
financial assistance to landowners and land users in their utilization and management of natural
resources:
WHEREAS, the District serves the citizens of the community (county, state, country) to
ensure the long-term use of natural resources in an economically, socially and enviromnentally
sustainable manner using non -regulatory, voluntary approaches;
WHEREAS, the District, at the request of the Board of County Commissioners, assisted
with completion of the Kittitas County Wildfire Protection Plan in 2009;
WHEREAS, Kittitas County is completing an update of the Multi -Jurisdictional Hazard
Mitigation Plan approved in 2012;
WHEREAS, the County Wildfire Protection Plan is a component of the Multi -
Jurisdictional Hazard Mitigation Plan;
WHEREAS, the County and the District desire to update the County Wildfire Protection
Plan:
NOW, THEREFORE, the parties agree as follows:
PURPOSE. The purpose of this Agreement is to acknowledge and facilitate the
parties' mutual interest in updating the Kittitas County Wildfire Protection Plan
(CWPP).
2. ADMINISTRATION No new separate legal or administrative entity is created to
administer the provisions of this Agreement.
a. The District's point or contact for purposes of this Agreement shall be as
follows:
Anna Lael, District Manager
Kittitas County Conservation District
2211 W Dolarway Road, Ste 4
Ellensburg, WA 98926
Phone: (509) 925-3352 ext. 207
Fax: (888) 546-0825
b. The point of contact for the Kittitas County shall be as follows:
Mark Cook, Director
Kittitas County Public Works
411 N Ruby Ste I
Ellensburg WA 98926
Phone: (509) 962-7523
Fax: (509)962-7663
3. SCOPE. This agreement contemplates that the District will:
a. Lead and facilitate the Kittitas County CWPP Update Steering Committee
convened for the purpose of updating the 2009 CWPP document
b. Update the County Wildfire Protection Plan;
i. Update will be compatible with FEMA requirements for Hazard
Mitigation Plans, and adhere to the guidelines of the National Fire
Plan, the Healthy Forests Restoration Act (2003) and the National
Cohesive Wildland Fire Management Strategy.
ii. Update will assess wildfire risks; collect data for those risks. and
analyze the data with the expressed intent to reduce the potential for
wildfires that are a threat to people, structures, and infrastructure.
iii. Identify prioritized areas for hazardous fuel reduction treatments and
build on existing efforts to restore healthy forest conditions.
c. Present a final version to the Kittitas Board of County Commissioners with a
recommendation from the Steering Committee to adopt the Kittitas County
CWPP Update.
Interlocal Cooperation Agreement
County Wildfire Protection Pian Page 2 of 8
4. COMPENSATION BY THF COUNTYTO THF DISTRICT
a. 'the County will reimburse the District for costs associated with updating the
County Wildfire Protection Plan.
b. Allowable costs are detailed in the estimated budgets (Attachment A).
c. Payment by the County to the District shall be made within thirty (30) days
after billing by the District.
DURATION OF AGREEMENT — TFRMIN AT.ION. This Agreement shall
remain in force until cancelled by either party in ,Friting. The District reserve
the right to cancel this Agreement in the event of the County's nonpayment of
reimbursable costs billed by the District to the County, upon thirty (30) days
written notice by the District to the County, sent certified mail, return receipt
requested.
6. RELATIONSHIP OF THE PARTIES. No agent, employee or representative of
the County shall be deemed to be an agent, employee or representative of the
District for any purpose, and the employees of the County are not entitled to any
of the benefits the District provides to District employees. No agent, employee or
representative of the District shall be deemed to be an agent, employee or
representative of the County for any purpose, and the employees of the District
are not entitled to any of the benefits the County provides to County employees.
7. NON -DELEGATION / NON-ASSIGNMFNT. Neither party may delegate the
performance of its contractual obligation hereunder to a third party, unless
mutually agreed in writing. Neither party may assign this Agreement without the
written consent of the other party.
8. COMPLIANCEWITH LEGAL REOiiIREMFN'l=S. Each party shall comply
with all federal, state and local laws, rules, regulations and ordinances applicable
to the performance of this Agreement, including without limitation, all those
pertaining to wages and hours, confidentiality, disabilities, and discrimination.
9. HOLD HARMLESS. Each party shall be liable and responsible for the
consequences of any negligent or wrongful act or failure to act on the part of itself
and its employees. Neither party assumes responsibility to the other party for the
consequences of any act or admission of any person, firm or corporation not a
party to this agreement.
10. INDEMNIFICATION The Comity and the District shall defend, indemnity and
hold each other harmless from and against any and all claims, demands, losses
and liabilities to or by third parties arising from; resulting tiom, or connected
Interlocal Cooperation Agreement
County Wildfire Protection Plan Page 3 of 8
with, services performed or to be performed under this contract to the fullest
extent permitted by law whether arising from contract liability(fes) or otherwise.
This mutual duty to indemnify shall not apply to liability from damages arising
out of bodily injury to persons or damages to the property caused by, or resulting
from, the sole negligence of the either the County or the District, or their
respective officers, agents, and employees.
This mutual duty to indemnify for liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the
concurrent negligence of either the County's or the District's agents or
employees, subcontractors and suppliers, shall apply only to the extent of
negligence of the damages caused by or resulting from the concurrent negligence
of the County's or the District's agents, employees, subcontractors and suppliers.
'Fhe County and the District specifically and expressly waive any immunity that
may be granted under the Washington State Industrial Act, Title 51,.RCW.
Further, the indemnification obligation under this Contract shall not be limited in
any way by any limitation on the amount of type of damages, compensation,
benefits payable to or by any third party under Worker's Compensation Acts,
Disability Benefits Acts, or other employee benefit acts.
This mutual duty to defend, indemnify, and hold harmless shall include all related
costs, reasonable attorney fees, court costs and related expenses asserted against
or incurred by either party, or their officers, agents and employees.
The parties hereby certify that these indemnification provisions were mutually
negotiated and agreed to by the parties.
11. CHANGES. MODIFICATIONS AMENDMFNTS AND WAIVERS
a. This Agreement may be changed, modified, amended or waived only by
written agreement signed by the parties and adopted by the Kittitas County
Board of Commissioners and the District.
b. Any waiver of a term or condition of this Agreement shall apply only to the
specific act, occurrence or omission and shall not constitute a waiver as to anv
other term or condition or future act, occurrence or omission.
C. Waiver or breach of any term or condition of this Agreement shall not be
considered a waiver of any prior or subsequent breach.
12. INTERPRETATTON. This Agreement has been submitted to the review of all
parties and their counsel, if desired, and it shall be given a fair and reasonable
Interlocal Cooperation Agreement
County Wildfire Protection Plan Pale 4 of 8
interpretation in accord with its words, without consideration or weight given to
its being drafted by any party or its counsel. All words used in the singular shall
include the plural; the present tense shall include the future tense; and the
masculine gender shall include the feminine and neuter gender.
13. GOVERNING I AW AND VENUU.
a. This Agreement shall be governed by the laws of the State of Washington and
any applicable federal laws. The provisions of this Agreement shall be
construed to conform to those laws. The venue of any action brought
hereunder shall be in Kittitas County, Washington.
b. If any legal action or other proceeding is brought for enforcement of this
Agreement, or because of an alleged dispute, breach, default, or misrepre-
sentation in connection with any of the provisions of this Agreement, each
party shall pay its own attorney fees incurred in that action or proceeding.
14. ORDER OF PRECFDENCF. In the event of an inconsistency in the terms of this
Agreement, or between its terms and any applicable statute or rule, the
inconsistency shall be resolved by giving precedence in the following order:
a. Applicable federal and state of Washington statutes, regulations, and rules.
b. Mutually agreed upon written amendments to this Aareernent.
c. This Agreement.
d. Statement of Work and Budget.
e. Any other provisions of this Agreement, including materials incorporated by
reference.
15. FUNDING AVAILABILITY Kittitas County's ability to make payments is
contingent on availability of funding. In the event ftmding from the state is
withdrawn, reduced, or limited in any way after the effective date and prior to
completion or expiration date of this agreement, Kittitas County, at its sole
discretion, may elect to terminate the Agreement, in whole or part, for
convenience or to renegotiate the agreement subject to new funding limitations
and conditions. Kittitas County may also elect to suspend performance of the
agreement until Kittitas County determines the funding insufficiency is resolved.
Kittitas County may exercise any of these options with no notification restrictions.
16. PROPERTY. Unless otherwise specifically agreed by the parties in writing, all
property, personal or real, utilized by the parties hereto in the execution of this
Agreement shall remain the property of that party initially owning it.
)7. TERMINATION FOR CAUSE. If for any reason, either party does not fulfill in a
timely manner its obligations under this Agreement, or if either party violates any
of these terms and conditions, the aggrieved party will give the other party written
linerlocal Cooperation Agreement
County Wildfire Protection Plan Pi -,,e 5 of 8
notice. of such failure or violation. The responsible party will be given the
opportunity to correct the violation or failure within 15 working days. If failure or
violation is not corrected, this Agreement may, be terminated immediately by
written notice of the aggrieved party to the other.
18. SF..VERABILITY. Any provision of this Agreement, which is prohibited or
unenforceable, shall be ineffective to the extent of such prohibition or un-
enforceability, without affecting the validity or enforcement of the remaining
provisions.
19. RECORDS MAINTENANCE. The parties to this Agreement shall each maintain
books, records, documents, and other evidence that sufficiently and properly
reflect all direct and indirect costs expended by either party in the performance of
service(s) described herein. These records shall be subject to inspection, review.
or audit by personnel of both parties, other personnel duly authorized by both
parties, the Office of the State Auditor, and federal officials so authorized by law.
20. OFFICIAL RECORD-KEEPING. The District will keep the official project
records and make them available to the County for record keeping associated with
the development and approval of the VSP Work Plan(s).
2L ENTIRE AGREEMENT, This Agreement contains all the terms and conditions
agreed upon by the parties. No other understandings, oral or otherwise, regarding
the subject matter of this Agreement shall be deemed to exist or to bind anv of the
parties hereto. The signatories to this Agreement represent that they have the
authority to bind their respective organizations to this Agreement.
22. PILING. Executed copies of this Agreement shall be filed as required by RCW
39.34.040 prior to this Agreement becoming effective.
Interlocal Cooperation Agreement
County Wildfire Protection Plan Pace 6 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
written above.
KITTITAS COUNTY CONSERVATION DISTRICT
2211 W Dolarway'Road, Ste 4
Ellensburg, WA 98926
By:
Chairman, Board of Supervisors
Dated:
KITTITAS COUNTY BOARD OF COMMISSIONERS
205 West 5th Avenue, Room 108
Ellensburg, WA 98926
Dated:
Board Chair
Vice Chair
Commissioner
ATTEST: _ Approved as to Form:
Julie KjorsN k, Clerk of the Board
Deputy Prosecuting Attorney
]mcrlocal Cooperation Aareentent
Comity Wildfire Protection Plan Pale 7 of 8
Attachment A
Estimated Budget
Fringe
Staff Rate Hours Salary/Wage Benefits
Rose Shrine,, GIS Specialist
$21.83/IIR
300 hrs
$6,549
$3,978
Anna Lael, District Manager
$33.65/HR
80 hs
$2,692
$1,581
Miranda Nash, Financial'Manager
$18.54/HR
1.6 ins
5297
$189
Subtotals
S9,538
55,7gg
Indirect Rate
24.21%
515,285
$3,701
Goods &: Services (printing costs, room rentals, etc.
$1,014
TOTAL
S2Q000