HomeMy WebLinkAboutRES-2022-096A RESOLUTION AUTHORIZING EXECUTION OF A REVOCABLE LICENSE WITH THE MODEL
AIRPLANE CLUB.
WHEREAS, there are various use made of the County's property at Bowers Field Airport that are
consistent with the airport operation; and
WHEREAS, one of those uses has been that of the model airplane club (RC Club); and
WHEREAS, in an effort to both foster this use and avoid conflicts of use, a revocable license (attached) has
been drafted to clearly spell out the scope and nature of the RC Club's use of a portion of the Bowers Field
Airport.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners authorize execution of
the attached revocable license related to the use of the RC Club at the County's Bowers Field Airport.
BEFORE THE BOARD OF KITTITAS COLTNTY
COMMISSIONERS
Resolution N E? zz-Og t'a
fi-D
Passed by the
the l1lhay
Board of Kittitas County Commissioners meeting in regular session at Ellensburg, Washington
or CL*W\ ,zoz2.
BOARD OF COUNTY COMMISSIONERS
OF AS COUNTY, WASHINGTON
Vice-Chairman
5J
--JI
'a
Clerk of Board C
REVOCABLE LICENSE AGREEMENT
BETwEEN KrrrrrAs couNTy AND Eile nbbw LrS A'luub
This revocable license agreement ("license") is entered into this l4\uy of *vt-'t I
2}2)between Kittitas County, a subdivision of the State of Washington ("County") and the
Ellensburg RC Flyers Club ("Licensee").
WHEREAS, Licensee desires to fly model airplanes on or above certain real properly owned by
the County that is that portion of the Bowers Field Airport depicted in section 2 of the Ellensburg
RCW Flyers Field Rules (location)(a copy of which is attached hereto and incorporated herein by
this reference); and
WHEREAS the County desires to allow Licensee to engage in such activity upon or above the
County's real property because it furthers the public interest of the County; now, therefore
In consideration of the mutual benefits to be derived therefrorn, the County and Licensee agree
as follows:
l. The "license area", when used in this License Agreement ("License"), means that area for
flight, parking, spectators, and flight stations depicted in Section 2 of the Ellensburg
RCW Flyers Field Rules as currently existing or as amended in the future.
2. The County does hereby grant to Licensee this nonexclusive Revocable License for a
period of two (2) years from the effective date of this License to engage in model airplane
flight within the license area. Such activity must be in accord with the Ellensburg RC
Flyers Field Rules as currently enacted or as amended in the future. The exercise of any
rights pursuant to this License by Licensee is subject to the exercise of the County's
police power and other regulatory powers as it may have or in the future obtain.
(Licensee's exercise of rights under this License is subject to applicable zoning and
permitting requirements of the City of Ellensburg.)
3. At the end of the two-year period, unless renewed in writing between the parties
beforehand, this license shall automatically terminate. Upon such termination, Licensee
shall immediately remove any property of its own and cease model aircraft flight activity
from Counfy property. In the event Licensee fails to remove any property from the
County's real estate, the County is free to remove it, charge Licensee for such rernoval,
and dispose of it (should Licensee not then take it) however the County sees fit.
4. The intent of this license is to allow Licensee to engage in the flight of model airplanes
upon property of the County. This License does not grant an estate in land and is not
exclusive. As a license upon real property, it is revocable at the will of the County for
good cause during the initial two-year term, provided that the County gives written
notice, as provided herein, sixty (60) days in advance of revocation. Should Licensee fail
to remove property from the license area after revocation, the County may remove it and
charge Licensee for the cost of removal.
5. Whenever the County undertakes or authorizes the construction of any public work
improvements upon the License Area which necessitate the relocation of the Licensee's
property, the County shall give at least thirty (30) days' notice of the need for such
relocation to Licensee. Should Licensee fail to relocate the property before the date
required in the notice, the County may relocate it and charge Licensee for the cost of such
relocation.
6. Licensee agrees to indernnifli and hold harmless the County, its trustees, elected and
appointed officers, agents and employees from and against any and all claims, demands
or causes of action of whatever kind or nature and the resulting losses, costs, expenses,
reasonable attorney fees, liabilities, damages, orders, judgments or decrees sustained by
the County arising out of Licensee's exercise of rights pursuant to this License. The
County makes no indemnification of Licensee, its officers, agents, or employees or its
property placed upon the county's real propefiy pursuant to this License.
7. In the event either party to this License commences litigation related to rights or exercise
of rights under this License, the substantially prevailing pafty will be entitled to
reimbursement of its reasonable attorney fees and costs from the other pafty.
8. The venue for any litigation regarding this License shall be Kittitas County Superior
Court.
9. This License shall be construed according to the laws of the State of Washington.
10. All notices required pursuant to this License shall be served upon the other party in
writing by placing said notice in sealed properly addressed envelopes, postage prepaid,
and placing said notice in the US mail of hand delivering it to the other party. Should the
notice be sent by mail, it shall be deemed to have been duly given three (3) days after
placing it in the mail.
Notice to the County shall be sent to: ,Sllo N. *,rpo*f fyel, t q,lc lI4
Ellen
Notice to the Licensee shall be sent to:
206 W. Tv+L ots!+*ve
Etl UJInt 8?
IN WITNESS WHEREOF this Revocable License Agreement is executed and shall become
effective as of the date first above written.
LICENSEE
By:
Its:
(
slonef
T
orsvik, Clerk of the Board
/t/rrltiltt PPROVED AS TO FORM
Neil A. Caulkins, Deputy Prosecuting Attorney
Ellensburg RC Flyers
Field Rules
This document represents the specific set of rules for the Ellensburg RC Flyers (ERCF) flying site
located at the Kittitas County Airport (Bowers Field) in Ellensburg, WA. It is intended to
supplement the rules and guidelines provided by the AMA and FAA, and to provide information,
rules, and procedures specific to ERCF operations at Bowers Field.
xxx IMPoRTANT - IMPORTANT - IMPORTANT 't(**
We fly on the grounds of an active, full-scale airport. Our flying site is located adjacent to the
airpori's active runway and beneath the flight path of aircraft using the airport. Therefore, it is
vital that members always pay pafticular attention to full-scale operations. We expect our
members to conduct RC flight operations with the same focus on safety and adherence to rules
and regulations as is expected and required of full-scale pilots.
While RC aircraft are at all times restricted to flving below 4OO feet above ground
level it is the responsibiliU of club members to stay WELL CLEAR of full-scale
aircraft and active areas of the airoort under all circumstances.
RC aircraft must remain within the airspace allocated for RC operations as defined
in Section 2 of this document, NO EXCEPTfiONS.
Members must abide by all rules, regulations, and guidelines contained within this document
and within the AMA Safety Code, In addition, members must abide by all FM regulations
regarding the operation of model aircraft and UAS. Failure to do so will result in disciplinary
action up to and including removal from the club.
If you have questions regarding anything contained within this document, the AMA Safety Code
and other guidelines, or FM requirements you should contact the club's safety officer for
clarification BEFORE FLYING.
1.1
r.2
Section 1: General Rules
Club members must be active members of the Academy of Model Aeronautics (AMA),
Club members must register with the FAA and receive their FM Small UAS Ceftificate
of Registration before flying.
Club members must complete The Recreational UAS Safety Test (TRUST) before flying.
Club members must have in their possession their AMA membership card with club
membership sticker, FM Small UAS Certificate of Registration, and The Recreational
UAS Safety Test (TRUST) Completion Ceftificate when flying. Members should be
prepared to produce these documents at the request of the club president or safety
officer, airport personnel, or FM personnel,
Per FAA Regulations, all RC aircraft should display the member's FAA Small UAS
Registration number on the outside of the airframe.
3
4
1
1
1.5
1.6
7.7
1.8
1.9
1.10
1, 11
I,L2
1.13
T.L4
1. 15
1.16
r.t7
1.18
1,19
L.20
L.2L
r.22
L.23
L.24
L.25
r.26
L.27
Per AMA Safety guidelines, all RC aircraft should be labeled with the member's Name,
AMA number, and contact information. This information may be placed on the inside or
outside of the airframe.
Club members must at all times follow the AMA Safety Code, The current version of
the AMA Safety Code can be found at: Academv of Model Aeronautics National Model
Aircraft Safetv Code
Club members must at all times follow the AMA's See and Avoid Guidance. The current
version of the AMA's See and Avoidance Guidance can be found at: Microsoft Word -
540-d,docx (modelaircraft.org)
Club members should familiarize themselves with and follow all guidelines contained in,
the AMA's Safety Program Handbook located at: 100.pdf (modelaircraft.org)
Club members must always conduct RC flight operations within the airspace boundaries
defined in Section 2 of this document.
RC aircraft are restricted to flying below 400 feet above ground level.
Pilots must maintain visual line of sight with their aircraft at all times.
Only instructors are allowed to fly without a spotter. Solo pilots must use a spotter when
flying. Student pilots must always fly with an instructor present.
Pilots should land (or descend to 50'or below) when full-scale aircraft are over the area
defined for RC flight operations.
If a vehicle is entering the vicinity of the RC flight area during a flight, the pilot should
maintain altitude until the vehicle is clear. Members approaching the flight area in their
vehicles should stop at least 300 yards from the flight area and wait there until they are
waved in.
It is the responsibility of the pilot to stay WELL CLEAR of full-scale aircraft and active
areas of the airport at all times.
Aircraft in flight must remain in the designated flight area at all times. Flying over
people, the pits, or the spectator area is strictly prohibited.
Pilots must fly from the area of the pilot line illustrated in Section 2.
Pilots will peform range and control checks as appropriate before flying,
Only two aircraft are permitted in the air at one time,
It is the responsibility of the pilot to avoid any livestock present in the flying area.
Club members must be approved by the head flight instructor before flying solo.
RC flight operations will be conducted during daytime hours, Night operations are
prohibited.
Only RC flight operations are allowed. Free flight and control line flying are not
permitted.
No drugs or alcohol are permitted on flying field grounds, Pilots will not fly while under
the influence of drugs or alcohol.
Members will immediately report any incursion into the active areas of the airport to
the club safety ofticer and club president. Members will not enter active areas of the
airpoft to retrieve equipment or for any other purpose unless instructed to do so by
airpoft management.
All RC flight operations conducted at the field fall under the ultimate superuision of
airport management, the FAA, and Kittitas County, Representatives of these
organizations may suspend, modifli, or make additions to the rules under which RC
flight operations are conducted at any time. Members must immediately comply with
any instructions provided by these authorities.
1.28
r.29
1.30
1.31
L.32
1.33
3.1
Members will be encouraged to monitor the airpoft traffic. Traffic can be monitored by
an aircraft band radio receiver or by using a flight traffic app such as Flightradar
24. Fraining in the use of traffic monitoring tools such as Flightradar 24 and aircraft
band receivers will be included as an integral part of student training. The club now
possesses one aircraft band receiver and multiple members are familiar with the
Flightradar 24 app.
Club members will report any obserued violation of these rules to the club safety
officer.
Unless otherwise posted, keep the gate to the field closed at all times.
If you are the last person leaving the field, you must connect the electric fence that
surrounds the pit area.
All vehicles must be parked in the area designated in Section 2 unless entering or
leaving the flying field area. Vehicles must always remain on designated access roads.
Please report any problems with the gate, electric fence, or other equipment to the club
president or safety officer.
Section 2: Flying Site Layout and Boundaries
UNE
RffEREN'E POINT
-PILOTLINE
BSRIER
Section 3: Types of RC Aircraft Permitted
Only RC aircraft weighing less than 10 pounds are permitted unless specifically
approved by an instructor.
RC aircraft speed may not exceed 100 mph.
Turbine powered RC aircraft are not permitted under any circumstances.
3.2
3.3
3.4 RC aircraft designed to resemble jet powered aircraft that are powered by electric
ducted fan units are permitted. All such models fall under the restrictions included in
sections 3.1 and 3.2.
3.5 Only radio control models are permitted. Free flight and control line models are
prohibited.
4.1
4.2
4.3
4.4
Section 4: FIight Training
ERCF supports the growth of model aviation. To support that goal we provide flight
training for new members as available resources allow.
All flight training is to be conducted by approved club flight instructors, The safety
officer and head flight instructor are responsible for designating which club members
may serve as flight instructors,
Until approved by the head flight instructor for solo flight, all members and guests
must fly under the direct supervision of a club flight instructor.
Students will demonstrate that they understand the information contained within this
document before flight training commences.
Students must be AMA members.
Experienced RC pilots who wish to become club members will initially be treated as
student pilots and must still be approved by the head flight instructor before flying
solo.
Section 6 - Disciplinary Action
Club members who violate the rules contained in this document will be subject to
disciplinary action up to and including dismissal from the club.
4.5
4.6
5.1
5.2
4.7 Please note: Flight training is provided as flight instructor time permits.
Section 5: Guests
All guests must be accompanied and supervised by a club member at all times.
Guests who are spectators must remain in the area designated for spectators at all
times (see Section 2 for location.)
Guests who are RC pilots may only fly under the supervision of a club flight instructor
and must follow all rules included in this document.
Guests who wish to fly must be AMA members and must present their AMA
membership card before flying,
Club members are responsible at all times for the actions of their guests.
5.3
5.4
5.5
6.1
The following violations will result in membership revocation and dismissal from the
club:
1. Failure to remain well clear of full-scale aircraft
2. Failure to remain within the airspace designated for RC Operations
3. Incursion into active areas of the airport including but not limited to the
runway and taxiways.
Other rules violations will be subject to the following disciplinary actions:
Violation 1: Warning
Violation 2: Suspension
Violation 3: Membership Revoked
Ellensburg RC Flyers
Field Rules
This document represents the specific set of rules for the Ellensburg RC Flyers (ERCF) flying site
located at the Kittitas County Airport (Bowers Field) in Ellensburg, WA. It is intended to
supplement the rules and guidelines provided by the AMA and FM, and to provide information,
rules, and procedures specific to ERCF operations at Bowers Field.
**x IMPoRTANT _ IMPORTANT _ IMPORTANT *r(x
We fly on the grounds of an active, full-scale airpoft. Our flying site is located adjacent to the
airporl's active runway and beneath the flight path of aircraft using the airport. Therefore, it is
vital that members always pay particular attention to full-scale operations. We expect our
members to conduct RC flight operations with the same focus on safety and adherence to rules
and regulations as is expected and required of full-scale pilots.
While RC aircrafr are at all times restricted to flving below 4OO feet above grcund
level it t's the resoonsibility of club memberc to stav WELL CLEAR of full-scale
aircrafr and active areas of the airoort under all circumstances,
RC aircraft must rcmain within the aircoace allocated for RC operations as defined
in Secttbn 2 of this document NO EXCEPTIONS.
Members must abide by all rules, regulations, and guidelines contained within this document
and within the AMA Safety Code. In addition, members must abide by all FM regulations
regarding the operation of model aircraft and UAS. Failure to do so will result in disciplinary
action up to and including removal from the club.
If you have questions regarding anything contained within this document, the AMA Safety Code
and other guidelines, or FM requirements you should contact the club's safety officer for
clarification BEFORE FLYING.
Section 1: General Rules
Club members must be active members of the Academy of Model Aeronautics (AMA).
Club members must register with the FAA and receive their FAA Small UAS Certificate
of Registration before flying.
Club members must complete The Recreational UAS Safety Test (TRUST) before flying.
Club members must have in their possession their AMA membership card with club
membership sticker, FM Small UAS Certificate of Registration, and The Recreational
UAS Safety Test (TRUST) Completion Ceftificate when flying. Members should be
prepared to produce these documents at the request of the club president or safety
officer, airport personnel, or FM personnel.
Per FM Regulations, all RC aircraft should display the member's FM Small UAS
Registration number on the outside of the airframe.
1.1
L.2
1.3
L,4
1.5
1.6
r.7
1.8
1.9
1.10
1.11
L,L2
1.13
L.T4
1.15
1.16
t.r7
1.18
1.19
r.20
L.2L
L.22
L.23
L.24
L.25
L.26
r.27
Per AMA Safety guidelines, all RC aircraft should be labeled with the member's Name,
AMA number, and contact information. This information may be placed on the inside or
outside of the airframe.
Club members must at all times follow the AMA Safety Code. The current version of
the AMA Safety Code can be found at: Academv of Model Aeronautics National Model
Aircraft Safety Code
Club members must at all times follow the AMA'S See and Avoid Guidance. The current
version of the AMA's See and Avoidance Guidance can be found at: Microsoft Word -
540-d.docx (modelaircraft. org)
Club members should familiarize themselves with and follow all guidelines contained in,
the AMA's Safety Program Handbook located at: 100.odf (modelaircraft.org)
Club members must always conduct RC flight operations within the airspace boundaries
deflned in Section 2 of this document.
RC aircraft are restricted to flying below 400 feet above ground level.
Pilots must maintain visual line of sight with their aircraft at all times.
Only instructors are allowed to fly without a spotter. Solo pilots must use a spotter when
flying. Student pilots must always fly with an instructor present.
Pilots should land (or descend to 50'or below) when full-scale aircraft are over the area
defined for RC flight operations.
If a vehicle is entering the vicinity of the RC flight area during a flight, the pilot should
maintain altitude until the vehicle is clear. Members approaching the flight area in their
vehicles should stop at least 300 yards from the flight area and wait there until they are
waved in.
It is the responsibility of the pilot to stay WELL CLEAR of full-scale aircraft and active
areas of the airport at all times.
Aircraft in flight must remain in the designated flight area at all times. Flying over
people, the pits, or the spectator area is strictly prohibited.
Pilots must fly from the area of the pilot line illustrated in Section 2.
Pilots will perform range and control checks as appropriate before flying.
Only two aircraft are permitted in the air at one time.
It is the responsibility of the pilot to avoid any livestock present in the flying area.
Club members must be approved by the head flight instructor before flying solo.
RC flight operations will be conducted during daytime hours. Night operations are
prohibited.
Only RC flight operations are allowed. Free flight and control line flying are not
permitted.
No drugs or alcohol are permitted on flying field grounds. Pilots will not fly while under
the influence of drugs or alcohol.
Members will immediately report any incursion into the active areas of the airport to
the club safety officer and club president. Members will not enter active areas of the
airpoft to retrieve equipment or for any other purpose unless instructed to do so by
airport management.
All RC flight operations conducted at the field fall under the ultimate superuision of
airport management, the FM, and Kittitas County. Representatives of these
organizations may suspend, modifo, or make additions to the rules under which RC
flight operations are conducted at any time. Members must immediately comply with
any instructions provided by these authorities.
1.28
r.29
1.30
1.31
r.32
1.33
3.1
Members will be encouraged to monitor the airpoft traffic. Traffic can be monitored by
an aircraft band radio receiver or by using a flight traffic app such as Flightradar
24. Training in the use of traffic monitoring tools such as Flightradar 24 and aircraft
band receivers will be included as an integral part of student training. The club now
possesses one aircraft band receiver and multiple members are familiar with the
Flightradar 24 app.
Club members will report any obserued violation of these rules to the club safety
officer.
Unless otherwise posted, keep the gate to the field closed at all times.
If you are the last person leaving the field, you must connect the electric fence that
surrounds the pit area.
All vehicles must be parked in the area designated in Section 2 unless entering or
leaving the flying field area. Vehicles must always remain on designated access roads.
Please report any problems with the gate, electric fence, or other equipment to the club
president or safety officer.
Section 2: Flying Site Layout and Boundaries
1.000
LINE
fIEIO CENTER
REFERflCE POINT
_ptLor LrNE
BMiIER
Section 3: Types of RC Aircraft Permitted
Only RC aircraft weighing less than 10 pounds are permitted unless specifically
approved by an instructor.
RC aircraft speed may not exceed 100 mph.
Turbine powered RC aircraft are not permitted under any circumstances.
OVERFIVARFA
SAFTTVZONE
RUNWAYCENITNTINE
3.2
3.3
3.4 RC aircraft designed to resemble jet powered aircraft that are powered by electric
ducted fan units are permitted. All such models fall under the restrictions included in
sections 3.1 and 3.2.
3.5 Only radio control models are permitted. Free flight and control line models are
prohibited.
4,1
Section 4: Flight Training
ERCF supports the growth of model aviation. To support that goal we provide flight
training for new members as available resources allow.
All flight training is to be conducted by approved club flight instructors. The safety
officer and head flight instructor are responsible for designating which club members
may serve as flight instructors.
Until approved by the head flight instructor for solo flight, all members and guests
must fly under the direct superuision of a club flight instructor.
Students will demonstrate that they understand the information contained within this
document before flight training commences.
Students must be AMA members.
4.2
4.3
4.4
4.5
4.6
4.7
5.1
5.2
5.3
5.4
5.5
Experienced RC pilots who wish to become club members will initially be treated as
student pilots and must still be approved by the head flight instructor before flying
solo.
Please note: Flight training is provided as flight instructor time permits.
Section 5: Guests
All guests must be accompanied and supervised by a club member at all times.
Guests who are spectators must remain in the area designated for spectators at all
times (see Section 2 for location.)
Guests who are RC pilots may only fly under the supervision of a club flight instructor
and must follow all rules included in this document.
Guests who wish to fly must be AMA members and must present their AMA
membership card before flying.
Club members are responsible at all times for the actions of their guests.
Section 6 - Disciplinary Action
Club members who violate the rules contained in this document will be subject to
disciplinary action up to and including dismissal from the club.
6.1
The following violations will result in membership revocation and dismissal from the
club:
1. Failure to remain well clear of full-scale aircraft
2. Failure to remain within the airspace designated for RC Operations
3. Incursion into active areas of the airport including but not limited to the
runway and taxiways.
Other rules violations will be subject to the following disciplinary actions:
Violation 1: Warning
Violation 2: Suspension
Violation 3: Membership Revoked