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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