HomeMy WebLinkAbout1_Staff Report License Agreement Beech 20260602KITTITAS COUNTY
BOARD O'F COUNTY COMMISSIONERS
AGENDA STAFF REPORT
AGENDA DATE: June 2,, 2026
ACTION REQUESTED: Request ti��) Approve a Resolution Authorizing an Addendum to a
Revocable License for the Extension of Beech Road and Authorize
the Public Works Director to Execute the same,,
BACKGROUND,
INTERACTION.
RECOMMENDATION:
HANDLING:
ATTACHMENTS:
LEAD STAFF:
the improvements i
Resolution 2023-091 authorized a Revocable License to Mr. Roohani
for the extension of Beech Road,. The revocable license was not a sale
or lease of the land, but rather an authorization to utilize the land for
road construction purposes. The revocable license included a two-year
term,, expiring June 2025. Resolution 2025-102 authorized an
addendum to a Revocable License to Mr. Roohani to extend
of the license for one-year to J
constructed and an addendum
agreement has been requested.
une 6,, 2026. The roadway ha
the term
s not been
to tena the term oi ine license
The extension of Beech Road would serve the proposed Pierce Plat, a
residential development within the City of Ellensburg. Extension of
Beech Road crosses Lot C-37 of the airport industrial land.. Costs for
ncluding pavement, curb,
the responsibility of the developer.
gutter and sidewalk are
An addendum to the revocable license is orot)osed to extend the term
by two years. Additional revisions are proposed to clarify
responsibilities around the development of the roadway and the lots
being utilized for the proposed roadway extension.
Public Works
Approve a Resolution authorizing an addendum to a revocable license
for the extension of Beech Road and authorize the Public Works
Director to execute the same.
Return One original to Public Works
ResolutResolution;Resolution 2023-091 Resolution 2025-102 Exh'6
ibit A
Location; Addendum to Revocable License
Josh Fredrickson, Director
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2026 -
AUTHORIZING AN ADDENDUM TO A REVOCABLE LICENSE FOR THE EXTENSION OF
BEECH ROAD AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO EXECUTE THE
SAME.
WHEREAS: A Revocable License was authorized for the extension of Beech Road by Resolution
2023-091; and
WHEREAS: An Addendum to a Revocable License was authorized for the extension of Beach Road
for an additional one-year by Resolution 2025-102; and
WHEREAS: The Revocable License had an initial term of two (2) years, expiring June 2025; and
WHEREAS: The Addendum to the Revocable License had an extension of one (1) year, expiring June
2026; and
WHEREAS,: Construction of the Beech Road extension has not yet occurred and the developer plans to
perform the work within the next year; and
WHEREAS: An extension to the License Agreement term of two years has been requested; and
WHEREAS: Additional Addendums are included with the License Agreement to clarify
responsibilities related to the road construction; and
WHEREAS: Addendum also includes authorization to cross the 10-ft wide parcel along the south
boundary of the Airport property; and
WHEREAS:
The cost of construction of the roadway i's the responsibility of the Revocable License
holder.,
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest
of the public, does hereby authorize an Addendum to the License Agreement and authorizes the Public
Works Director to sign the Addendum
to the License Agreement, v
DATED this 2nd day of June 2026, at Ellensburg, Washington.
Attest:
❑ Clerk of the Board- Julie Kjorsvl*k
❑ Deputy Clerk of the Board- Mandy Buchholz
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Cory Wright, Chairman
Brett Wachsmith, Vice -Chairman
Laura Osiadacz, Commissioner
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION
NO.: 2023= O q
A RESOLUTION AUTHORIZING EXECUTION OF A REVOCABLE LICENSE
WHEREAS9
:
WHEREAS:
WITH POOYA ROOHANI
ooya Rooliain'
needA&.
r
I
s a sceond access to his development located at
),go+and
Pooya Roohani has offered to build a road through lot C-37 at Bowers Field
iirart to
1,50 ''dc the seconVckess to his development located at
0 dwL at no exPense to the County; and
==am A-r-offd . -.-.
WHEREAS: in order to allow Pooya Roohani to build this road, which will still be the
property of Kitti*tas County at the Bowers Field Airport, a revocable license
(attached) has been drafted to clearly spell out the scope and nature of the
construction of the road by Pooya Roohani and its use by the development
and the public at large.
NOW, THERE -FORE, BE IT RESOLVED that the Kitti*tas County Board of
Commissioners authorize execution of the attached revocable license related to the
construction of the road through lot C-w37 on Bowers Field Airport by Pooya Roohani and its
use by the development and the public at large.
OM
ADOPTED this day of UAwkwom�0?3, at Ellensburg, Washington.
Is
q0
CLERK OF THE BOARD
a
k %
BOARD OF COUNTY COMMISSIONERS
KITTITAS COLLNI*V-0 WASHINGTON
,/r-omniissioncr, Cha*11nan Opp
---
ComW 'Stiioner, Vicedw Chairman
C160fiUai4-.S1'50
APPROVED AS TO FORM
DEPUTY PROSECUTOR
REVOCABLE LICENSE AGREEMENT
BETWEEN KITTITAS COUNTY AND POOYA R00HAN1
This revocable license agreement ("license") is entered into this ��clay of
2�OZ5 between Kittitas County, a subdi
vision of the State &FII V shington ("County") and the
Pooya Roohani.
WHEREAS, Licensee desires to build a road upon certain real property owned by the County
that is that portion of the Bowers Field Airport known as Lot Cm37; and
WHEREAS the County desires to allow Licensee to engage
County's real property because it furthers the public interest
in such activi't
of the County
In consideration of the mutual benefits to be derived therefrom,
as follows:
y upon or above the
now, therefore
the County and Licensee agree
1. The "license areEl"when used in ths License Agreement ("License
"), means Lot C-37110
2. The County does hereby grant to Licensee this nonexclusive Revocable License for a
period ot two (2) years from the effective date ot this License to construct a road..
1
ncivaing curbs, gutter, and sidewalks to applicable
rights pursuant to this License by Licensee is subjec
police power and other regulatory powers as it
road standards. The exercise of any
t to the exercise of the County I s
may have or in the future obtain.
(Licensee's exercise of rlghts under this License is subiect to applicable zoning and
permitting requirements of the City of E
0 it a
3. At the end oT the two-year period, unless renewed in writing between the parties
Ilensburg.)
J
beforehand, this license shall automatically terminate. Upon such termination, Licensee
shall immediately remove anyropperty of its own and cease all activity from County
property. In the event Licensee fails to remove any property from theCounty 2 s real
estate, the County is free to remove it, charge Licensee for such removal, 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 construct a road to applicable standards
-9
that shall, upon completion, be dedicated to and turned over to County ownership, all at
no cost whatsoever of any kind to Kittitas 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. Licensee agrees to indemnify 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 flees, liabilities, damages, orders, judgments or decrees sustained by
#4
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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 J." roperty pursuant to this License.
6. In the event either party to this License commences litigation related to rights or exercise
of rights under this License, the substantially prevailing party will be entitled to
reimbursement of its reasonable attorney fees and costs from the other party.
71D The venue for any li0 tigation regarding this License shall be Kittitas County Superior
Court.
8. This License shall be construed according to the laws of the State of Washington
9. All notices required.pursuant to this License shall be served upon the other party
writing by placing said notice in sealed properly addressed envelopes, postage prepaid
� 1
and placing said notice in the US mail of hand delivering it to the other party. Should
notice be sent by mail, it shall be deemed t
placing it in the mail.
Notice to the County shall be sent to:
in
MEMO -
Notice to the Licensee shall be sent to:
o have been duly given three (3) days after
the
IN WITNESS WHEREOF this Revocable License Agreement is executed and shall become
effective as of the date first above written.
LICENSEE
By: - - . - --- - 4 40 -M -- --
Its:
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ATTEST:
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Julie Kjorsvik., Clerk ot the Board
APPROVED AS TO FORM*.
Neil A. Caulkins, Deputy Prosecuting Attorney
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BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2025 =]C&
IF ;r--
AUTHORIZING AN AMENDMENT TO A REVOCABLE LICENSE FOR THE EXTENSION OF
BEECH ROAD AND AUTHORIZE TIC PUBLIC WORKS DIRECTOR TO EXECUTE THE
SAME.
WHEREAS: A revocable license was authorized for the extension of Beech Round by Resojufion 2023
091 and
WHEREAS:iThe revocable lcense had an initial term of two (2) years, expiring June 2025; and
WHEREAS: Construction of the Beech Road extension has not yet occurred and the developer plans to
perform the work within the next year; and
WHEREAS:
WHEREAS:
DI li
i WAA I I k
WHEREAS:
An extension to the license agreement term of one year has been requested; and
Additioi
related to the road construction; and
1 amendments are included with the license agreement to clarify responsibilities
Amendment also includes authorization to cross the I O-ft wide parcel along the south
boundary of the Airport property; and
The cos
holder.
t of construction of the roadway is the responsibility of the revocable license
NOW.'ril-"EREFORE BE IT RJESOLVED that the Board of County Commissioners, in the best interest
of the public,, does hereby authorize amendments to the License Agreement and
authorizes the Public Works Director to sign the amendment to the license agreement.
DATED this 20th day of May 2025, at Ellensburg, Washington.
����ttmrssr"
dW
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C1 � Board- Julie Kjorsvik
.'e.
bj[5'ejp3uty'r
Clerk of the Board- Mandy Buchholz
ork
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASEEINGTON
Cory Wright, Vice-
irman
%%k
L. -.00
Comm
oner
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0404
0907
Miles
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all di
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KITTITAS COUNTY AIRPORT
— BOWERS FIELD
ADDENDUM TO REVOCABLE LICENSE AGREEMENT
BETWEEN KITTITAS COUNTY AND POOYA R00HAN1
THIS AD"ENDUMTO REVOCABLE LICENSE AGREEMENT i
s made and datedthls
day of, , 2025, by and between KITTITAS COUNTY, a
municipal corporation in the State of Washington, hereinafter referred to as the COUNTY, and
POOYA ROOHANI, hereinafter referred to as LICENSEE.
WHEREAS, COUNTY and LICENSEE entered into a Revocable License Agreement on June 64,
2023, a copy of said agreement is attached hereto and by this reference incorporated herein; and
WHEREAS, COUNTY and LICENSEE desire to amend said agreement.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties to amend the
June 6, 2023 Revocable License Agreement as follows:
Item 1. is revised to read as follows:
I. The "license when usea inmis t C-37 of
�,e R��:rare FiE+Id Airr1(11't Binding Si"te PIdIi Zn Amendment (Binding Site Plan) ana-
w en use
tense area",tense",
L1GCi1JG u �...�,.,�..�� _..-»--� --
dhd' License Agreement ("License"), means Lo
lI1G 17V Wli1Jp ftwidth across the I 0-ft unnamed boundary along the south boundary identified on the
Binding Site Plan immediately south of Lot C-37.
Item 2.. is revised to read as follows:
2. The. COUNTY does hereby grant to LICENSEE this nonexclusive Revocable License to
construct a road,. intended for public, including but not limited to curbs,, gutter, and
cable road standards. The exercise of any rights pursuant to this
sidewalks, to appli
License by LICENSEE is subjec
t to the exercise of the COLNTY's police power and
tether regulatory rowers as it may have or in the future obtain
. (LICE
NSEE's exercise of
Lt� ,,.,�Pr thirq. Twense is subiect to applicable zoning and perrr►itting requirunicn
J, 5 a A
the City of Ellensburg and Kittitas County.)
Item 3., is revised to read as follows:
S of
3. This agreement shall terminate on June 6, 2026 unless renewed in writing between the
parties beforehand. Upon such termination, LICENSEE shall immediately remove any
property of its own and cease all activity from COUNTY property. In the event
LICENSEE fails to remove any property from the COUNTY's real estate, the COUNTY
to construe
is free tore ove it, charge LICENSEE for such re ova
LICENSEE not then take it) however the COUNTY see
Item 10., is added as follows:
1, and dispose of it (should
S fit.
I U. All permitting required, such asNit not limited to cultural resource evaluation, wetland
are the responsibility of the LICENSEE. ElkLICENSEELU include
study and mitigationIF
K1ttitas County Publi
License area.
Item I I. is added as follows:
c Works on their efforts to obtain necessary permits for work in the
11. This agreement allows for the work of the LICENSEE to occur on parcels previously
an plans for uhis road. Construction
described. COUNTY to review and approve all desi"
reSDonsibility of the LICENSEE, subject to COUNTY inspections and approvals. Prior
of road plans is required. Upon final
tion COUNTY review and approval
acceptance by Public Works, the LICENSEE sna
l
and part of the pub c road network,.
Item 12. is added as follows:
ll request the roadway become public
I2. Inspection of road construction wi"tihn the County portion will be done by County staff to
Specifications and requirements. Cost ol
be paid for by the LICENSEE. Upon completion of the project the
submit an invoice to the LICENSEE for the required inspection.
ensure compliance with approved plans
inspection will
COUNTY will
Item 13 is added as follows:
13. LICENSEE to provide COUNTY with a set of As -built drawing for the roadway.
All other terms and conditions of the aforementioned License Agreement shall remain the same.
IN WITNESS WHEREOF this Revocable License Agreemen
effective as of the day and year first above written.
LIC
S
ooya Roohani
By:
Date: 5/14/25
t is execut
ed and shall become
Vice-chairman
do
I
w
ner
x
I. r 9mr
I
"PF
Julie Kjorsvik, Clerk of the Board =�
APPROVED AS TO FORM:
Stephanie Hartung, Deputy Prosecuting Attorney
0.04
Miles
DISCER: KrM S COUNW MAKES EWRY E EEI T TO PRODUCE
PUBLISHTHE
WARRA&MESo EMESS OR INPLIED. ARE PROVIDED FM THE DATA PRIWIDIM. ITS
CURRENT AND AECITE INFOFWATION POS
OR ITS INTERPRETATION. f CST O M DOES NOT GUARANTEE THE
ACCURACY Of THE MATERM CONTAINED HEREIN AND IS NOT RESPONSIBLE KW ANY MISUSE OR REPRESENTATIONS TO OTHERS REGARDING THIS
TiON OR ITS DERIVATIVES.
KITTITAS COUNTY AIRPORT — BOWERS FIELD
ADDENDUM TO REVOCABLE LICENSE AGREEMENT
BETWEEN KITTITAS COUNTY AND POOYA ROOHANI
THIS ADDENDUM TO REVOCABLE LICENSE AGREEMENT iffis made and dated
day of,
. 2026
municipal corporation in the State of Washington
by and between KITTITAS COUNTY
hereinafter referred to as the COUNTY
POOYA ROOHANI, hereinafter referred to as LICENSEE.
this
,a
and
WHEREAS, COUNTY and LICENSEE entered into a Revocable License Agreement on June 6
this reference incorporated herein; and
2023, a copy of said agreement is attached hereto and by
an addendum on May ?01 702-57P a copy of said addendum is attached hereto and by this reference
incorporated herein; and
1b
WHEREAS, COUNTY and LICENSEE desire to amend said agreement.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties to amend the
June 6, 2023 Revocable License Agreement as Amended as follows:
Item 3. is revised to read as follows:
IW ThiThisnoreement.'shall terminate on June 6, 2028 unless renewed in writing between the
termination,
parties beforehand.. Upon such
property of its own and cease a
LICENSEE fails to remove any property from the COUNTY s real estate, the COUNTY
LICENSEE shall immediately remove any
is free
Il activity from COUNTY property. In the event
to remove it, charge LICENSEE for such removal, and dispose of i"t (should
LICENSEE not then take it) however the COUNTY sees fit,.
All other terms and conditions of the aforementioned License Agreement as amended shall
remain the same.
IN WITNESS WHEREOF this Revocable License Agreement is executed and shall become
effective as of the day and year first above written,,
V
LICENSEE
By:
KITTITAS COUNTY
Chairman
Vice-chairman
Comma,
issioner
ATTEST:
Julie Kjorsvik, Clerk of the Board
APPROVED AS TO FORM:
Stephanie Hartung, Deputy Prosecuting Attorney