2020 0114 Council Agenda Packet Moses Lake City Council
Karen Liebrecht, Mayor | David Curnel, Deputy Mayor | Mike Riggs, Council Member | Don Myers, Council Member
Daryl Jackson, Council Member | David Eck, Council Member| Dean Hankins, Council Member
Moses Lake Civic Center – 401 S. Balsam
Regular Meeting Agenda
January 14, 2020, 7 PM
Call to Order – 7 p.m.
Roll Call
Pledge of Allegiance
Selection of Mayor and Deputy Mayor
Oaths of Office – Mayor and Council Member Hankins
Summary Reports:
Mayor’s Report
Additional Business
City Manager’s Report
Citizen’s Communications – Identification
Citizens who would like to address the Council must complete one of the blue speaker request cards and submit it to the
City Clerk. There is a (5) minute time limit per speaker.
Consent Agenda Motion
All items listed below are considered to be routine and will be enacted by one motion. There will be no separate
discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for
discussion prior to the time Council votes on the motion to adopt the Consent Agenda.
#1 pg 3
a. City Council Meeting Minutes dated December 19, 2019
b. Claims and Payroll
c. City Manager Contract
d. International Paper Industrial Discharge Permit
e. Accept Sand Dunes Irrigation Well #2 Project
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January 14, 2020, City Council Meeting – Page 2
Public Hearing
#2 pg 58
Annexation Ordinance 2944 Motion
Presented by Kris Robbins, Community Development Director
Summary: Council to hear from public and consider adoption at the next meeting
Old Business
#3 pg 63
Fire Impact Fee Ordinance 2940 and Resolution 3790 Motion x 2
Presented by Kevin Fuhr, City Manager
Summary: Council to review and consider adoption
#4 pg 142
Municipal Airport Lease Agreement Motion
Presented by Kevin Fuhr, Interim City Manager
Summary: Council to review and consider approval
#5 pg 162
Surplus Property and Set Public Hearing Resolution 3789 Motion
Presented by Kevin Fuhr, Interim City Manager
Summary: Council to review and consider adoption
New Business – none scheduled
Administrative Reports
Council Communications and Reports
Executive Session
a. Sale of Property pursuant to RCW 472.30.110(1)(c)
b. Performance of a Public Employee pursuant to RCW 42.30.110(1)(f)
c. Litigation pursuant to RCW 42.30.110(1)(i)
Adjournment
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MOSES LAKE CITY COUNCIL – SPECIAL MEETING
December 19, 2019
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor
Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam St., Moses Lake,
Washington.
ROLL CALL
Present: Mayor Liebrecht; Deputy Mayor Curnel; Council Members Jackson, Myers, Leonard,
and Riggs. Absent: Council Member Hankins.
Action taken: Council Member Riggs moved to excuse Council Member Hankins, second by Council Member Jackson. The motion carried 6 – 0.
PLEDGE OF ALLEGIANCE
Beatrice Haw, Council Member Leonard’s mom, led the Council in the Pledge of Allegiance.
OATHS OF OFFICE
Grant County Superior Court Judge David Estudillo administered the oaths of office to Council
Members Myers and Eck.
SUMMARY REPORTS
MAYOR’S REPORT
Council Member Recognition
Mayor Liebrecht presented a plaque to Council Member Ryann Leonard in appreciation of her term as Council Member from 2016 through 2019.
CITY MANAGER’S REPORT
Port of Moses Lake Staff Port Commissioner Darrin Jackson introduced their new Executive Director Don Cursey. Mr. Cursey provided a brief work history and expressed his joy for this opportunity.
Fire Staff Presentations
Chief Brett Bastian presented Firefighter Jason Fife with a Fire Investigator Certification which will improve the City’s survey and rating deficiency points. He also introduced two Assistant Fire Chiefs, Derek Beach and Todd Schanze, who were promoted to increase the number of command officers and also improve the survey and rating
deficiency points.
City Manager Contract City Attorney Katherine Kenison reviewed four options of language in the ‘for cause’ statement. Consensus of the Council was to draft the contract with option one.
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Surplus Property The Parks Commission met to discuss surplus of Vista 1 and Power Point Parks. They
recommend Council authorize to surplus Vista 1 Park and keep the other park for potential use in the trails program. Council requested staff to bring back a surplus resolution as well as authorization to process a purchase and sale agreement.
CONSENT AGENDA
#1 a. City Council meeting minutes dated December 10, 2019b.Claim Checks 146220 through 146309 in the amount of $1,113,138.00; Payrollchecks 63252 through 63264 in the amount of $8,968.30; and ElectronicPayments dated December 13, 2019 in the amount of $396,249.30c.Award Stratford Road Booster Pump Project
d. Authorize Cityworks Software Contractse.Authorize Keller Associates Hydraulic Modeling Contract
Action taken: Deputy Mayor Curnel moved to approve the Consent Agenda, second by Council Member Leonard. The motion carried 6 – 0.
OLD BUSINESS
#2 Municipal Airport Lease Revisions City Attorney Katherine Kenison, Interim City Manager Kevin Fuhr, Council Member
Jackson, and Municipal Airport Advisory Board Member Richard Pearce met and drafted a new lease agreement with a few sections pending input from Council. Following detailed explanations from the subcommittee members and fielding Council questions, staff were provided direction of final content to be presented for approval at the next Council meeting.
NEW BUSINESS
#3 Ladder Truck Contracts The purchase of the new trucks were approved during the budgeting process for 2020.
By signing contracts now, the city will receive the 2019 pricing which is about 4% less than 2020 pricing, a savings of over $80k after sales tax.
Action taken: Council Member Leonard moved to accept the proposals, second by Council
Member Jackson. The motion carried 6 – 0.
#4 Comp Plan Update Ordinance 2934 Staff distributed a corrected agenda bill and ordinance to Council at the meeting. The Planning Commission recommends Council accept four of the five changes requested to
zoning or UGA boundaries and possibly the fifth at a later date once more information
has been provided.
Action taken: Deputy Mayor Curnel moved to adopt Ordinance 2934, second by Council Member Myers. The motion carried 6 – 0.
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#5 Parks Donation Resolution 3788 The Columbia Family Foundation wishes to donate $10,000 to be utilized by the City in
the Paths and Trails budget to support the development, maintenance, and operations of the community’s paths and trails.
Action taken: Council Member Leonard moved to adopt Resolution 3788, second by Council Member Riggs. The motion carried 6 – 0. ADMINISTRATIVE REPORTS
City Manager Kevin Fuhr shared that the annual Tip a Cop and Shop with a Cop events were successful. They raised over $5k, took eight families shopping for the holidays, and still had funds left over to give to families unable to attend the shopping event.
COUNCIL COMMUNICATIONS AND REPORTS
Council Member Jackson noted he has really enjoyed working with the current Council. Council Member Myers invited everyone to attend the Grant Transit Authority budget meeting to be held on December 30 at 6:30 p.m. at the Transit Center.
Council Member Leonard expressed regrets for leaving the community after 15 years and thanked the Council for all of their wonderful support to make the City a great place to live. Deputy Mayor Curnel, along with Mayor Liebrecht, and Council Members Jackson and Riggs,
attended the employee breakfast this morning. He found interacting with staff on a social level to be very pleasant. Council Member Riggs was invited to a recent meeting of the Moses Lake Downtown Association and announced that the Brews and Tunes will be held on February 29 next year. He
also attended the Watershed Council meeting where they discussed lake algae issues. Mayor Liebrecht shared her observation of the dedication of employees at the breakfast event today. She also thanked the City Clerk, Director’s, and Council for their support during her term as Mayor.
EXECUTIVE SESSION
Mayor Liebrecht called an Executive Session at 8:27 p.m. to be held for 10 minutes pursuant to RCW 42.30.110(1)(i) to discuss litigation and there will be no further business.
ADJOURNMENT
The meeting was adjourned at 8:40 p.m.
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______________________________________
Mayor ATTEST____________________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 1-14-20, Page 6 of 165
To: Kevin Fuhr, Interim City Manager
From: Cindy Jensen, Finance Director
Council Meeting Date: January 14, 2020
Proceeding Type: Consent Agenda
Subject: Semi-Monthly Disbursement Report
The following amounts were budgeted and sufficient funds were available to cover these payments:
Claim Checks 146310 - 146597 $1,835,819.62 Payroll Checks 0063265 - 0063286 $15,761.06 Electronic Payments Payroll ACH -12/26/2019 $393,539.90 Electronic Payments Payroll ACH -1/9/2020 $429,253.82
Summary
RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council.
RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City’s internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews its processes to ensure appropriate internal controls are in place.
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STAFF REPORT
To: City Council
From: Kevin Fuhr, Interim City Manager
Date: January 13, 2020
Proceeding Type: Consent Agenda
Subject: City Manager Contract
Legislative History:
• First and Second Presentation: December 10, 2019 and December 19, 2019
• Final Presentation: January 14, 2020
• Action: Motion
Staff Report Summary
Attached is the revised City Manager contract. The contract contains the changes requested by
the Council and legal staff. The amended contract was signed on December 24, 2019.
Background
The attached contract is similar to previous contracts with some additional language requested
by the Council and legal staff.
Staff Recommendation
Staff recommends Council authorize and ratify the Mayor’s execution of the City Manager
contract with Allison Williams.
Attachments
A. Contract
Legal Review – contract written by City Attorney.
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STAFF REPORT
To: Kevin, Fuhr, Interim City Manager
From: Fred Snoderly, Municipal Services Director
Date: December 20, 2019
Proceeding Type: Consent Agenda
Subject: Industrial Waste Discharge Permit No. 14, International Paper Renewal
Legislative History:
• First Presentation: January 14, 2020
• Second Presentation:
• Action: Motion
Staff Report Summary
Attached is a copy of the proposed Industrial Waste Discharge Permit No. 14 for International
Paper. This permit will allow International Paper to continue their discharge to the City’s POTW
for an additional five years prior to renewal.
Background
International Paper is a significant user and is required to have an industrial waste discharge
permit from the DOE and the City of Moses Lake. All discharge permits expire in five years and
are required to be renewed to continue discharging to the City’s wastewater system.
Fiscal and Policy Implications - None
Options
Option Results
• Authorize the City Manager to
execute the permit.
The industry will continue to discharge their
wastewater to the City’s system.
• Take no action. The industry will have to pursue other options
for their wastewater.
Staff Recommendation
Staff recommends City Council authorize the Interim City Manager to execute the Industrial
Waste Discharge Permit No. 14 for International Paper.
Attachment
A. Industrial Waste Discharge Permit No. 14
Legal Review N-A
Moses Lake Council Packet 1-14-20, Page 56 of 165
STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Fred Snoderly, Municipal Services Director
Date: January 7, 2020
Proceeding Type: Consent Agenda
Subject: Accept Sand Dunes Irrigation Well Phase #2 Project - 2019
Legislative History:
• First Presentation:
• Second Presentation:
January 14, 2020
• Action Motion
Staff Report Summary
Empire Well Drilling has completed work for the above project.
Background
The project consisted of drilling the second irrigation well at the City’s Sand Dunes Treatment
Facility.
The work completed is in the amount of $172,552.60. The original contract price for the contract
was $120,639.60. The extra cost was to drill additional depth to find enough water to run the
irrigation pivot beyond the estimated depth, to fix an area of cascading water in the hole that was
unforeseen, and to make the well comply with DOE regulations.
The work completed by the contractor is physically complete and ready for acceptance.
Fiscal and Policy Implications
Upon acceptance, the City will enter into the 60 day lien period as required by Washington State
Law.
Options
Option Result
• Motion to accept the project as presented. The 60 day lien period will begin.
• Take no action. The project won’t be accepted at this time.
Staff Recommendation
Staff recommends accepting the Sand Dunes Irrigation Well Phase #2 Project - 2019.
Moses Lake Council Packet 1-14-20, Page 57 of 165
STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Kris Robbins, Community Development Director
Date: January 9, 2020
Proceeding Type: Public Hearing
Subject: ODM Annexation Ordinance
Legislative History:
• First Presentation: December 10, 2019
• Second Presentation: January 14, 2020
• Requested Action: Motion
Staff Report Summary
Community Development has received an Annexation Petition from Don Shi in regard to Grant
County Tax Parcel Number 171041000. See attached map.
Background
In October of 2019, Community Development received a Notice of Intention to Commence
Annexation Proceedings from Don Shi with regard to Grant County Tax Parcel Number 171041000.
The property is adjacent to existing city limits to the east of the property and can be served by City
water and sewer. The property lies south of Randolph Road. The Moses Lake Comprehensive Plan
Land Use Map designated the site as Industrial.
In 2001, the City Council adopted a Comprehensive Plan that included an Urban Growth Area
(UGA) that was negotiated between the Grant County Board of County Commissioners and the
Moses Lake City Council in accordance with RCW 36.70A.110. The final adopted UGA was nearly
ten (10) years in the making and was subject to much debate, discussion and Public Hearings. The
Moses Lake UGA is a twenty (20) year vision that is intended to encourage growth that is urban in
nature and whereby urban governmental services would be provided by the City.
The matter of initiating annexation proceedings with the subject property comes from a request
for municipal water. In accordance with the City Council’s Policy regarding utility extensions,
properties that are within one-half mile of the corporate limits and wish to connect to water/sewer
services must annex unless otherwise granted an exception by the City Council.
The Moses Lake Comprehensive Plan, Goal 3, Section 3-8 Land Use Chapter, addresses when it is
appropriate to annex areas within our Urban Growth Area.
Moses Lake Council Packet 1-14-20, Page 58 of 165
“Goal 3: THE CITY SHALL ANNEX ONLY THOSE PROPERTIES WHERE URBAN SERVICES ARE
APPROPRIATE AND CAN BE REASONABLY PROVIDED”
The request supports the extension of our water service and provides additional commercial land
for development. The council should accept any comments provided during the hearing and take
those comments into consideration for their decision.
Fiscal and Policy Implications
Municipal Services, Police, Fire, Planning and Building would all be impacted in terms of providing
services. The development of annexation area would yield property taxes and more, which would
be utilized to offset staff and infrastructure costs associated with City services that would be
provided to the area.
Options
Option Results
• Open the public hearing to consider
the proposed annexation and adopt
the ordinance
Consistent with the Moses Lake
Comprehensive Plan and increase the
corporate limits
• Take no action The City Council would contradict the Goals
and Policies of the Comprehensive Plan, Urban
Growth Area
Staff Recommendation
Staff recommends that the Moses Lake City Council adopt the ordinance as presented.
Attachments
A. Ordinance
B. Map
Legal Review – N/A
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
Ordinance
Moses Lake Council Packet 1-14-20, Page 59 of 165
ORDINANCE NO. 2944 AN ORDINANCE ANNEXING PROPERTY COMMONLY KNOWN AS THE FOREVER-ODM ANNEXATION TO THE CITY OF MOSES LAKE, WASHINGTON, AND INCORPORATING THE SAME WITHIN THE CORPORATE LIMITS OF THE CITY OF MOSES LAKE
THE CITY COUNCIL OF THE CITY OF Moses Lake, Washington DO ORDAIN AS FOLLOWS: Section 1. The following described real estate, as shown on the attached map marked Exhibit A which by this reference is incorporated within this ordinance, situated in Grant County is hereby annexed to and incorporated in the City of Moses Lake;
BEGINNING AT A POINT 4403.84 FEET NORTH AND 6276.03 FEET WEST OF THE SOUTHEAST CORNER SECTION 33 OF SAID TOWNSHIP AND RANGE (WHOSE
WASHINGTON STATE GRID SOUTH ZONE COORDINATES ARE Y=674,047.08, X=2,298,909.20 AND ARE REFERRED TO USG STATION “SPAD” WHOSE WASHINGTON STATE GRID SOUTH ZONE COORDINATES ARE I 14°676,911.66,
X=2,288,625.74) SAID POINT OF BEGINNING BEING THE INTERSECTION OF A COUNTY ROAD KNOWN AS DOVER STREET AND A PRIVATE ROAD KNOWN AS 6TH AVENUE; THENCE SOUTH 89°02’05” WEST ALONG THE CENTERLINE OF DOVER STREET 760.00 FEET; THENCE SOUTH 0°56’55” EAST 724.00 FEET TO THE CENTERLINE OF EGLIN STREET; THENCE NORTH 89°02’50” EAST ALONG THE CENTERLINE OF ELGIN STREET 760.00 FEET TO THE CENTERLINE OF 6TH AVENUE;
THENCE NORTH 0°56’56” WEST ALONG THE CENTERLINE OF 6TH AVENUE 724.00 FEET TO THE POINT OF BEGINNING.
Parcel #171041000 Said tract of land contains 11.24 acres, more or less.
Section 2. All property within the territory annexed shall hereinafter be assessed and taxed at the same rate and on the same basis as other property within the city.
Section 3. The area annexed will be zoned H-I, Heavy Industrial. Section 4. That a copy of this ordinance shall be filed with the Board of County Commissioners of Grant County, Washington. Section 5. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by it Mayor on January 14, 2020 ____________________________________
, Mayor ATTEST:
____________________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 1-14-20, Page 60 of 165
APPROVED AS TO FORM: _____________________________________ Katherine L. Kenison, City Attorney
Vote: Riggs Liebrecht Myers Jackson Curnel Eck Hankins
Aye
Nay
Abstain
Absent
Date Published: January 20, 2020
Date Effective: January 25, 2020
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STAFF REPORT
To: City Council
From: Kevin Fuhr, Interim City Manager
Date: January 10, 2020
Proceeding Type: Motion
Subject: Fire Impact Fee Ordinance 2940 and Resolution 3790
Legislative History:
• First Presentation: September 10, 2019
• Second Presentation: October 8, 2019
• Third Presentation: November 26, 2019
• Requested Action: Motion
Staff Report Summary
At the request of the City Council, a Fire Impact Fee Sub-committee consisting of six members
including the Mayor and Fire Chief held two meetings to discuss the potential impacts of the City
adopting Fire Impact Fees. Through those meetings, the impact fees were reduced in the areas of
Industrial and Multi-Family buildings. The sub-committee asked for a third meeting so that they
could discuss the implementation of impact fees with the new City Manager. The third meeting
will take place on Monday January 13th with the goal of bringing forth a recommendation for the
City Council to vote on.
Background
Staff provided information to the Council on a rate study for the fire impact fees.. The attached
report includes the update breaking out the costs for Medical Facilities into the sub-categories of
Hospitals and Clinics, and Skilled Nursing and LC (assisted living, memory care, and adult family
homes).
The purpose and intent of the ordinance is to authorize the collection of impact fees for fire
protection as new development activities, including but not limited to new residential, commercial,
retail, office, and industrial development in the City that will create additional demand and need
for fire protection facilities. This allows for such new growth and development to pay a
proportionate share of the cost of system improvements needed to serve the new growth and
development.
Fiscal and Policy Implications
This report is required to be approved by ordinance.
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Options
Option Results
• Move to adopt Ordinance and
Resolution
The Fire Impact Fees will become effective
upon adoption and publication as noted in the
ordinance.
• Modify the draft Ordinance or
Resolution
Provide staff with specific changes, which
would then need to be approved at a future
meeting.
• Take no action Impact Fees would not become effective and
direction from could would be requested.
Staff Recommendation
Staff recommends that the Moses Lake City Council review the Ordinance and Resolution make
two motions to adopt each document individually.
Attachments
A. Ordinance adopting Fire Impact Fees
B. Resolution adopting Fire Impact Fees
C. Updated Fire Impact Fee Study
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Ordinance Fire Impact Fees November 22, 2019
Moses Lake Council Packet 1-14-20, Page 64 of 165
Rate Study
For
Impact Fees
For
Fire Protection
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City of Moses Lake, Washington
TABLE OF CONTENTS
1. Introduction…………………………………………………………………………………………………page 7
2. Statutory Basis and Methodology………………………………………………………………..page 9
3. Fire Impact Fees…………………………………………………………………………………………..page 16
List of Variables
Variable Title Page
A Fire Apparatus 16
B Emergency Responses 17
C Fire Stations 18
D Apparatus Cost 18
E Useful Service Life 19
F Apparatus Percent of Fire
Responses
20
G Station Cost per Square Foot 22
H Annual Emergency Fire
Incidents at Land Use Types
24
I Number of Dwelling Units or
Square Feet
26
J Adjustments for Revenue
Credits
57
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List of Formulas
Formula Title Page
F-1 Inventory and Emergency
Responses
16
F-2 Annual Cost Per Apparatus 18
F-3 Cost per Apparatus per Fire or
Medical Incident
19
F-4 Total Apparatus Cost per Fire
Incident
20
F-5 Annual Station Cost 22
F-6 Station Cost Per Fire and
Medical Incident
23
F-7 Annual Fire Incident Rate Per
Unit of Development
24
F-8 Fire Incident Capital Cost Per
Unit of Development
29
F-9 Cost per Apparatus per Fire or
Medical Incident
41
F-10 Apparatus Cost per Medical
Incident
41
F-11 Station Cost per Fire and
Medical Incident
43
F-12 Annual Medical Incident Rate
per Unit of Development
43
F-13 Medical Incident Capital Cost
per Unit of Development
48
F-14 Fire and Medical Cost per Unit
of Development
55
F-15 Adjustments and Impact Fees 57
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List of Tables
Table Title Page
1 Fire Protection Apparatus
Inventory
17
2 Fire and Medical Building
Inventory
18
3 Annualized Apparatus Cost 19
4 Apparatus Cost per Response 20
5 Annual Fire and Medical
Incidents
21
6 Fire Incident Response by
Type of Apparatus
21
7 Total Apparatus Cost per Fire
Incident
22
8 Annualized Station Cost per
Square Foot
23
9 Station Cost per Fire and
Medical Incident
24
10 Fire Incidents 25
11 Fire Incidents at Specific Land
Uses
26
12 Traffic Related Fire Incidents
(Allocated to Land Uses)
27
13 Total Annual Fire Incidents by
Land Use
28
14 Annual Fire Incidents By Land
Use
29
15 Engine Cost of Responses to
Fire Incidents at Land Use
Categories
30
16 Ladder Cost of Responses to
Fire Incidents at Land Use
Categories
31
17 Medic Vehicle Cost of
Responses to Fire Incidents at
Land Use Categories
32
18 Brush Truck Cost of Responses
to Fire Incidents at Land Use
33
19 Staff Vehicle Cost of
Responses to Fire Incidents
34
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Table Title Page
20 Tender Cost of Responses to
Fire Incidents and Land Use
Categories
35
21 Squad Cost of Responses to
Fire Incidents and Land Use
Categories
36
22 Rescue Vehicle Cost of
Responses to Fire Incidents
and Land Use Categories
37
23 Other Apparatus / Equipment
Cost of Responses to Fire
Incidents and Land Use
Categories
38
24 Fire Station Cost of Responses
to Fire Incidents and Land Use
Categories
39
25 Example of Calculation of
Total Capital Cost for a
Residential Unit
40
26 Total Capital Cost of
Responses to Fire Incidents at
Land Use Categories
40
27 Medical Incident Response by
Type of Apparatus
42
28 Total Apparatus Cost per
Medical Incident
42
29 Medical Incidents 43
30 Medical Incidents at Specific
Land Uses
44
31 Traffic Related Medical
Incidents (Allocated to Land
Uses)
45
32 Total Annual Medical
Incidents by Land Use
46
33 Annual Medical Incidents by
Land Use
47
34 Engine Cost of Responses to
Medical Incidents at Land Use
Categories
49
35 Medic Unit Cost of Responses
to Medical Incidents at Land
Use Categories
50
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Table Title Page
36 Squad Cost of Responses to
Medical Incidents at Land Use
Categories
51
37 Staff Unit Cost of Responses
to Medical Incidents at Land
Use Categories
52
38 Other Apparatus & Equipment
Cost of Responses to Medical
Incidents at Land Use
Categories
53
39 Fire Station Cost of Responses
to Medical Incidents at Land
Use Categories
54
40 Total Capital Cost of
Responses to Medical
Incidents at Land Use
Categories
55
41 Total Cost of Response to Fire
and Medical Incidents by Land
Use Category
56
42 Fire Impact Fees by Land Use 58
Moses Lake Council Packet 1-14-20, Page 70 of 165
1. Introduction
The purpose of this study is to establish the rates for fire protection facilities (fire)
impact fees in the City of Moses Lake, Washington as authorized by RCW 82.02.090(7).
SUMMARY OF IMPACT FEE RATES
Impact fees are paid by all types of new development1. Impact fee rates for new
development are based on, and vary according to the type of land use. The following
table summarizes the impact fee rates for several frequently used land use categories.
Rates for other non-residential development are presented in the sections of this study
for each type of public facility.
IMPACT FEE RATE
Type of Development Unit Fee
Single – Family Dwelling unit $708.29
Multi-Family—Non Sprinkled Dwelling unit $708.29
Multi-Family Sprinkled Dwelling unit $365.10
Medical Facilities
Hospitals & Clinics Square Foot $4.45
Skilled Nursing & LC Square Foot $7.60
Hotel-Motel Square Foot $0.73
Office Square Foot $0.33
Retail (shopping) Square Foot $0.48
Industrial Square Foot $0.22
Restaurant Square Foot $0.45
Churches Square Foot $0.96
Education Square Foot $0.54
IMPACT FEES VS. OTHER DEVELOPER CONTRIBUTIONS
Impact fees are charges paid by new development to reimburse local governments for the
capital cost of public facilities that are needed to serve new development and the people who
occupy or use the new development. Throughout this study, the term “developer” is used as a
shorthand expression to describe anyone who is obligated to pay impact fees, including
builders, owners, or developers.
Local governments charge impact fees for several reasons: 1) to obtain revenue to pay for some
of the cost of new public facilities; 2) to implement a public policy that new development
should pay a portion of the cost of facilities that it requires, and that existing development
should not pay all of the cost of such facilities; and 3) to assure that adequate public facilities
will be constructed to serve new development.
Moses Lake Council Packet 1-14-20, Page 71 of 165
1 The impact fee ordinance may specify exemptions for low income housing and / or “broad public purposes”, but such
exemptions must be paid for by public money, not other impact fees. The ordinance may specify if impact fees apply to changes
in use, remodeling, etc.
The impact fees that are described in this study do not include any other forms of developer
contributions or exactions, such as: mitigation or voluntary payments authorized by SEPA (the
State Environmental Policy Act, RCW 43.21C); system development charges for water and
sewer authorized for utilities (RCW 35.92 for municipalities, 56.16 for sewer districts, and
57.08for water districts); local improvement districts or other special assessment districts;
linkage fees; or land donations or fees in lieu of land.
ORGANIZATION OF THE STUDY
This impact fee rate study contains three chapters:
• Chapter 1 provides a summary of impact fee rates for frequently used land use
categories, and other introductory materials.
• Chapter 2 summarizes the statutory requirements for developing impact fees, and
describes the compliance with each requirement.
• Chapter 3 presents impact fees for fire, and presents the formulas, variables and data
that are the basis for the fees, and documents the calculation of the fees. The
methodology is designed to comply with the requirements of Washington State Law.
Moses Lake Council Packet 1-14-20, Page 72 of 165
2. Statutory Basis and Methodology
This chapter summarizes the statutory requirements for impact fees in the State of
Washington, and describes how the City of Moses Lake’s impact fees comply with the statutory
requirements.
STATUORY REQUIREMENTS FOR IMPACT FEES
The Growth Management Act of 1990 (Chapter 17, Washington Laws, 1990, 1st Ex. Sess.)
authorizes local governments in Washington to charge impact fees. RCW 82.02.050 – 82.02.090
contain the provisions of the Growth Management Act that authorize and describe the
requirements for impact fees.
The impact fees that are described in this study are not mitigation payments authorized by the
State Environmental Policy Act (SEPA). There are several important differences between impact
fees and SEPA mitigations. Three aspects of impact fees that are particularly noteworthy are: 1)
the ability to charge for the cost of public facilities that are “system improvements” (i.e., that
provide service to the community at large) as opposed to “project improvements” (which are
“on-site” and provide service for a particular development); 2) the ability to charge small-scale
development their proportionate share, whereas SEPA exempts small developments; and 3) the
predictability and simplicity of impact fee rate schedules compared to the cost, time and
uncertain outcome of SEPA reviews conducted on a case by case basis.
The following synopsis of the most significant requirements of the law includes citations to the
Revised Code of Washington as an aid to readers who wish to review the exact language of the
statutes.
Types of Public Facilities
Four types of public facilities can be the subject of impact fees: 1) public transportation and
roads: 2) publicly owned parks, open space and recreation facilities; 3) school facilities; and 4)
fire protection facilities (in jurisdictions such as Moses Lake that are not part of a fire district).
RCW 82.02.050(2) and (4), and RCW 82.02.090(7)
Types of Improvements
Impact fees can be spent on “system improvements” (which are typically outside the
development), as opposed to “project improvements” (which are typically provided by the
developer on-site within the development). RCW 82.02.050(3)(a) and RCW 82.02.090(6) and (9)
Moses Lake Council Packet 1-14-20, Page 73 of 165
Benefit to Development
Impact fees must be limited to system improvements that are reasonably related to, and which
will benefit new development. RCW 82.02.050(3)(a) and (c). Local governments must establish
reasonable service areas (one area, or more than one, as determined to be reasonable by the
local government), and local governments must develop impact fee rate categories for various
land uses. RCW 82.02.060(6)
Proportionate Share
Impact fees cannot exceed the development's proportionate share of system improvements
that are reasonably related to the new development. The impact fee amount shall be based on
a formula (or other method of calculating the fee) that determines the proportionate share.
RCW 82.02.050(3)(b) and RCW 82.02.060(1)
Reductions of Impact Fee Amounts
Impact fees rates must be adjusted to account for other revenues that the development pays (if
such payments are earmarked for or proratable to particular system improvements). RCW
82.02.050(1)(c) and (2) and RCW 82.02.060(1)(b) Impact fees may be credited for the value of
dedicated land, improvements or construction provided by the developer (if such facilities are
in the adopted CFP as system improvements eligible for impact fees and are required as a
condition of development approval). RCW 82.02.060(3)
Exemptions from Impact Fees
Local governments have the discretion to provide exemptions from impact fees for low-income
housing and other "broad public purpose" development, but all such exempt fees must be paid
from public funds (other than impact fee accounts). RCW 82.02.060(2)
Developer Options
Developers who are liable for impact fees can submit data and or/analysis to demonstrate that
the impacts of the proposed development are less than the impacts calculated in this rate
study. RCW 82.02.060(5). Developers can pay impact fees under protest and appeal impact fee
calculations. RCW 82.02.060(4) and RCW 82.02.070(4) and (5). The developer can obtain a
refund of the impact fees if the local government fails to expend or obligate the impact fee
payments within 10 years, or terminates the impact fee requirement, or the developer does not
proceed with the development (and creates no impacts). RCW 82.02.080
Capital Facilities Plans
Impact fees must be expended on public facilities in a capital facilities plan (CFP) element or
used to reimburse the government for the unused capacity of existing facilities. The CFP must
conform to the Growth Management Act of 1990, and must identify existing deficiencies in
facility capacity for current development, capacity of existing facilities available for new
development, and additional facility capacity needed for new development. RCW 82.02.050(4),
RCW 82.02.060(7), and RCW 82.02.070(2)
Moses Lake Council Packet 1-14-20, Page 74 of 165
New Versus Existing Facilities
Impact fees can be charged for new public facilities (RCW 82.02.060(1)(a) and for the unused
capacity of existing public facilities (RCW 82.02.060(7) subject to the proportionate share
imitation described above.
Accounting Requirements
The local government must separate the impact fees from other monies, expend or obligate the
money on CFP projects within 10 years, and prepare annual reports of collections and
expenditures. RCW 82.02.070(1)-(3)
Compliance With Statutory Requirements for Impact Fees
Many of the statutory requirements listed above are fulfilled in Chapters 3 of this study that
present the calculation of each type of impact fee. Some of the statutory requirements are
fulfilled in other ways, as described below.
Types of Public Facilities
This study contains impact fees for fire protection facilities, which is one of the four types of
public facilities authorized by statute: transportation, parks and fire.
In general, local governments that are authorized to charge impact fees are responsible for
specific public facilities for which they may charge such fees. The City of Moses Lake is legally
and financially responsible for the fire facilities it owns and operates within its jurisdiction. In no
case may a local government charge impact fees for private facilities, but it may charge
impact fees for some public facilities that it does not administer if such facilities are "owned or
operated by government entities" (RCW 82.02.090 (7).
Types of Improvements
The impact fees in this study are based on system improvements that are described in Chapter
3 for fire protection facility impact fees. No project improvements are included in this study.
The public facilities that can be paid for by impact fees are "system improvements” (which are
typically outside the development), and "designed to provide service to service areas within the
community at large" as provided in RCW 82.02.050(9)), as opposed to "project improvements"
(which are typically provided by the developer on-site within the development or adjacent to
the development), and "designed to provide service for a development project, and that are
necessary for the use and convenience of the occupants or users of the project" as provided in
RCW 82.02.050(6). The capital improvements costs contained in Chapter 3 complies with these
requirements.
Impact fee revenue can be used for the capital cost of public facilities. Impact fees cannot be
used for operating or maintenance expenses. The cost of public facilities that can be paid for by
impact fees include design studies, engineering, land surveys, land and right of way acquisition,
engineering, permitting, financing, administrative expenses, construction, applicable mitigation
costs, and capital equipment pertaining to capital improvements.
Moses Lake Council Packet 1-14-20, Page 75 of 165
Benefit to Development, Proportionate Share and Reductions of Fee Amounts
The law imposes three tests of the benefit provided to development by impact fees: 1)
proportionate share, 2) reasonably related to need, and 3) reasonably related to expenditure
(RCW 80.20.050(3)). In addition, the law requires the designation of one or more service areas
(RCW 82.02.060(6)
1. Proportionate Share.
First, the "proportionate share" requirement means that impact fees can be charged only for
the portion of the cost of public facilities that is "reasonably related" to new development. In
other words, impact fees cannot be charged to pay for the cost of reducing or eliminating
efficiencies in existing facilities.
Second, there are several important implications of the proportionate share requirement that
are not specifically addressed in the law, but which follow directly from the law:
• Costs of facilities that will benefit new development and existing users must be apportioned
between the two groups in determining the amount of the fee. This can be accomplished in
either of two ways: (1) by allocating the total cost between new and existing users, or (2)
calculating the cost per unit and applying the cost only to new development when calculating
impact fees.
• Impact fees that recover the costs of existing unused capacity should be based on the
government's actual cost. Carrying costs may be added to reflect the government's actual or
imputed interest expense.
The third aspect of the proportionate share requirement is its relationship to the requirement
to provide adjustments and credits to impact fees, where appropriate. These requirements
ensure that the amount of the impact fee does not exceed the proportionate share.
• The "adjustments" requirement reduces the impact fee to account for past and future
payments of other revenues (if such payments are earmarked for, or proratable to, the system
improvements that are needed to serve new growth). Each impact fee calculated in this study
includes an adjustment that accounts for any other revenue that is paid by new development
and used by the City to pay for a portion of growth’s proportionate share of costs. This
adjustment is in response to the limitations in RCW 82.02.060 (1)(b) and RCW 82.02.050(2).
• The "credit" requirement reduces impact fees by the value of dedicated land, improvements
or construction provided by the developer (if such facilities are in the adopted CFP, identified as
the projects for which impact fees are collected, and are required as a condition of
development approval). The law does not prohibit a local government from establishing
reasonable constraints on determining credits. For example, the location of dedicated land and
the quality and design of donated street, park or fire public facilities
Moses Lake Council Packet 1-14-20, Page 76 of 165
3. Reasonably Related to Need.
There are many ways to fulfill the requirement that impact fees be "reasonably related" to the
development's need for public facilities, including personal use and use by others in the family
or business enterprise (direct benefit), use by persons or organizations who provide goods or
services to the fee-paying property or are customers or visitors at the fee paying property
(indirect benefit), and geographical proximity (presumed benefit). These measures of
relatedness are implemented by the following techniques:
• Impact fees are charged to properties which need (i.e., benefit from) new public facilities. The
City of Moses Lake provides its infrastructure to all kinds of property throughout the City,
therefore impact fees have been calculated for all types of property.
• The relative needs of different types of growth are considered in establishing fee amounts
(i.e., different impact values for different types of land use). Chapter 3 uses different
emergency response rates for each type of land use.
• Feepayers can pay a smaller fee if they demonstrate that their development will have less
impact than is presumed in the impact fee schedule calculation for their property classification.
Such reduced needs must be permanent and enforceable (i.e., via land use restrictions).
3. Reasonably Related to Expenditures.
Two provisions of Moses Lake’s impact fee ordinance comply with the requirement that
expenditures be "reasonably related" to the development that paid the impact fee. First, the
requirement that fee revenue must be earmarked for specific uses related to public facilities
ensures that expenditures are on specific projects, the benefit of which has been demonstrated
in determining the need for the projects and the portion of the cost of needed projects that are
eligible for impact fees as described in this study. Second, impact fee revenue must be
expended or obligated within 10 years, thus requiring the impact fees to be used to benefit to
the feepayer and not held by the City.
4. Service Areas for Impact Fees
Impact fees in some jurisdictions are collected and expended within service areas that are
smaller than the jurisdiction that is collecting the fees. Impact fees are not required to use
multiple service areas unless such “zones” are necessary to establish the relationship between
the fee and the development. Because of the size of the City of Moses Lake and the accessibility
of its fire systems to all property within the City, Moses Lake’s fire systems serve the entire City,
therefore the impact fees are based on a single service area corresponding to the boundaries of
the City of Moses Lake.
Moses Lake Council Packet 1-14-20, Page 77 of 165
Exemptions
The City’s impact fee ordinance addresses the subject of exemptions. Exemptions do not affect
the impact fee rates calculated in this study because of the statutory requirement that any
exempted impact fee must be paid from other public funds. As a result, there is no increase in
impact fee rates to make up for the exemption because there is no net loss to the impact fee
account as a result of the exemption.
Developer Options
A developer who is liable for impact fees has several options regarding impact fees. The
developer can submit data and or/analysis to demonstrate that the impacts of the proposed
development are less than the impacts calculated in this rate study. The developer can appeal
the impact fee calculation by the City of Moses Lake. If the local government fails to expend the
impact fee payments within 10 years of receipt of such payments, the developer can obtain a
refund of the impact fees. The developer can also obtain a refund if the development does not
proceed and no impacts are created. All of these provisions are addressed in the City’s impact
fee ordinance, and none of them affect the calculation of impact fee rates in this study.
Capital Facilities Plan
There are references in RCW to the “capital facilities plan” (CFP) as the basis for projects that
are eligible for funding by impact fees. Cities often adopt documents with different titles that
fulfill the requirements of RCW 82.02.050 et. seq. pertaining to a “capital facilities plan”. The
Capital Facilities Plan Element of the City’s Comprehensive Plan fulfill the requirements in RCW,
and are considered to be the “capital facilities plan” (CFP) for the purpose of this impact fee
rate study. In addition, the City’s Capital Investment Program (CIP) section of the City’s Budget
provides up-to date and detailed information about the projects in the CFP. The Fire
Department also produces an annual update of capital improvements within the fire
department as part of the department’s annual report.
The requirement to identify existing deficiencies, capacity available for new development, and
additional public facility capacity needed for new development is determined by analyzing
levels of service for each type of public facility. Chapter 3 provides this analysis for fire impact.
New Versus Existing Facilities, Accounting Requirements
Impact fees must be spent on capital projects contained in an adopted capital facilities plan, or
they can be used to reimburse the government for the unused capacity of existing facilities.
Impact fee payments that are not expended or obligated within 10 years must be refunded
unless the City Council makes a written finding that an extraordinary and compelling reason
exists to hold the fees for longer than 10 years. In order to verify these two requirements,
impact fee revenues must be deposited into separate accounts of the government, and annual
reports must describe impact fee revenue and expenditures. These requirements are addressed
by Moses Lake’s impact fee ordinance, and are not factors in the impact fee calculations in this
study.
Moses Lake Council Packet 1-14-20, Page 78 of 165
Data Sources
The data in this study of impact fees in Moses Lake, Washington was provided by the City of
Moses Lake, unless a different source is specifically cited.
Data Rounding
The data in this study was prepared using computer spreadsheet software. In some tables in
this study, there may be very small variations from the results that would be obtained using a
calculator to compute the same data. The reason for these insignificant differences is that the
spreadsheet software was allowed to calculate results to more places after the decimal than is
reported in the tables of these reports. The calculation to extra places after the decimal
increases the accuracy of the end results, but causes occasional minor differences due to
rounding of data that appears in this study.
Moses Lake Council Packet 1-14-20, Page 79 of 165
3. FIRE IMPACT FEES
Impact fees for fire protection facilities begin with an inventory of fire apparatus and stations
and the number of emergencies they responded to. Next is an analysis of the capital cost of fire
protection apparatus and stations including calculation of the capital cost per response. The
emergency responses are summarized according to the types of land uses that received
responses, and incident rates are calculated to quantify the average number of emergency
responses per unit of development for each type of land use. The costs per response and the
response incident rates are used to calculate the number and cost of responses to fire incidents
and to BLS incidents (basic life support medical responses) at each type of land use. The fire and
BLS cost per unit of development are combined to calculate the total cost per unit of
development. The total cost is adjusted for payments of other and the result is the fire impact
fee rates for the City of Moses Lake.
These steps are described below in the formulas, descriptions of variables, tables of data, and
explanation of calculations of fire impact fees. The need for fire protection facilities is
influenced by a variety of factors, such as response time, call loads, geographical area,
topographic and manmade barriers, and performance standards established by the Moses Lake
City Council, and the National Commission on the Accreditation of Ambulance Services.
For the purpose of quantifying the need for fire and BLS apparatus and stations to serve growth
this study uses the ratio of apparatus and stations to incidents. The current ratio provides
acceptable levels of service. As growth occurs, more incidents will occur, therefore more
apparatus and stations will be needed to maintain standards.
Formula F-1: Inventory and Emergency Responses
The City of Moses Lake owns a variety of fire apparatus (i.e., fire engines, ladder truck, medic
units, etc.). Each vehicle responds to many emergencies. The average number of emergency
responses per apparatus is used as one element in calculating the cost per emergency
response.
F-1. Emergency Responses ÷ Fire Apparatus = Responses per Apparatus
There are three variables that require explanation: (A) fire apparatus, (B) emergency responses,
and (C) fire stations.
Variable (A): Fire Apparatus
The term “fire apparatus” applies to vehicles that the City of Moses Lake uses for two
categories of emergency responses: fire emergencies and medical emergencies. The medical
emergencies will be referred to in this study as “ALS”
Moses Lake Council Packet 1-14-20, Page 80 of 165
because the Moses Lake Fire Department provides Advanced Life Support (ALS) responses and
is typically the first responder to medical emergencies in Moses Lake. Table 1 contains a list of
each type of primary fire apparatus and the number of each type. Moses Lake also has several
older “reserve” apparatus that are dispatched as needed when a primary apparatus is out of
service for repairs or maintenance. The reserve apparatus are not routinely dispatched and are
excluded from the impact fee analysis because they are not used frequently enough to have a
material effect on the cost of providing fire protection facilities.
Variable (B): Emergency Responses
The annual responses for each apparatus type is shown in Table 1. The average number of
emergency responses for each type of apparatus is calculated by dividing the number of annual
emergency responses by the number of units making those runs. In many cases, more than one
apparatus is dispatched to an emergency incident. The number and type of apparatus
dispatched to each incident varies depending on the type and severity of the incident.
During 2015, Moses Lake’s 4 primary response apparatus were dispatched a total of
5,413 times to 3,895 emergency incidents (many times the seriousness of an incident requires
that more than one unit respond). Using the existing ratio of apparatus and station space per
incident maintains the current level of service and avoids any existing deficiency or unused
reserve capacity. This approach satisfies the requirements of RCW 82.02.050(4) to determine
whether or not there are any existing deficiencies or reserve capacity in order to ensure that
impact fees are not charged for any deficiencies or reserve capacity (other than
reimbursement fees).
TABLE 1: Fire Protection Apparatus Inventory
Type of Apparatus Primary Apparatus Inventory Annual Emergency Responses Average Emergency Response Per unit
Engine 4 1,100 275
Ladder 1 411 411
Medic Unit 5 3,442 688
Brush Truck 2 38 19
Squad 1 58 58
Rescue 1 10 10
Tender 2 12 6
Staff Vehicles 4 488 122
Other2 5 8 2
----------------------------------------------------------------------
2 Other apparatus and equipment include 3 specialized trailers, a boat, and a support unit.
Moses Lake Council Packet 1-14-20, Page 81 of 165
Variable (C): Fire Stations
The City of Moses Lake provides fire and ALS services out of 2 stations. Table 2 lists the stations
and the square footage of fire stations and support facilities. Table 12 also shows the total fire
and medical incidents, and the average square footage of fire station per incident (calculated by
dividing the total square footage of all fire stations by the number of annual fire and medical
incidents). The total incidents from stations (Table 2) is less than the total incidents from
apparatus (Table 1) because more than one apparatus responds to many calls, but often one
station is the source of all the apparatus responding to a call.
Table2: Fire and Medical Building Inventory
Station Fire Station Inventory (Square Feet)
Annual Incidents Square Feet Per Incident
1-E 3rd AVE 21,200 2294 9.25
2-W Broadway AVE 7,112 1148 6.2
Training Facility-E
3rd AVE
2,262 0 0
Total 30,574 3,442 8.88
Formula F-2: Annual Cost Per Apparatus
Formulas F-2 through F-4 are needed to calculate the apparatus cost per fire incident. The first
step in this calculation is to identify and annualize the cost of each type of apparatus using
formula F-2. The capital cost per apparatus is based on the cost of primary response apparatus
and major support equipment. The annualized capital cost per apparatus is determined by
dividing the capital cost of each type of apparatus by its useful life:
F-2. Fire Apparatus Cost ÷ Useful Life = Annual Cost per Apparatus
There are two variables that require explanation: (D) fire apparatus cost, and (E) useful life.
Variable (D): Fire Apparatus Cost
Table 3 shows the annualized cost for each type of primary apparatus listed in Table 1. The cost
per apparatus includes the vehicle, fire and ALS equipment, and communication equipment.
The apparatus and equipment costs in Table 3 represent current costs to purchase a new fully
equipped apparatus.
Moses Lake Council Packet 1-14-20, Page 82 of 165
Variable (E): Useful Life
Table 3 also shows the number of years of useful life of each type of apparatus. The annualized
cost is calculated by dividing each apparatus cost by the useful life of that apparatus.
Table 3: Annualized Apparatus Cost
Type of Apparatus Total Cost per
Apparatus
Useful Life of
Component (Years)
Annual Cost (Column 2 / Column 3)
Engine $655,000 20 $32,750.00
Ladder $1,400,000 20 $70,000.00
Medic Unit $212,000 7 $30,286.00
Brush Truck $165,000 20 $8,250.00 Squad $220,000 25 $8,800.00 Rescue $200,000 20 $6,200.00 Tender $245,000 20 $12,250.00 Staff Vehicles $55,000 10 $5,500.00 Other2 $40,000 10 $4,000.00
Formula F-3: Cost Per Apparatus Per Fire or Medical Incident
The second step in calculating the apparatus cost per fire incident is formula F-3. The capital
cost per fire or medical incident is calculated for each apparatus by dividing the annualized cost
per apparatus by the total annual incidents (both fire and medical) each type of apparatus
responds to. Each type of apparatus is analyzed separately because the number and type of
apparatus responding to an incident varies depending on the type and severity of the incident.
F-3. Annual Cost Per Apparatus ÷ Annual Responses Per Apparatus = Annual Apparatus Cost Per
Response
There are no new variables used in formula F-3. Both variables were developed in previous
formulas.
Moses Lake Council Packet 1-14-20, Page 83 of 165
In Table 4 the cost per emergency response is calculated for each type of apparatus. Table 4
shows the annualized cost of one of each type of apparatus (from Table 3) and the average
annual emergency responses for each type of apparatus (from Table 1). Each apparatus cost per
response is calculated by dividing the annualized cost of that type of apparatus by the total
number of annual responses for the same type of apparatus.
Table 4: Apparatus Cost per Response
Type of Apparatus Annual Apparatus Cost Average Annual Responses per
Apparatus
Apparatus Cost per Response (column 2 / column 3)
Engine $32,750.00 275 $119.09
Ladder $70,000.00 411 $170.32
Medic Unit $30,286.00 3,442 $8.80
Brush Truck $8,250.00 19 $434.21
Squad $8,800.00 58 $151.72
Rescue $6,200.00 10 $620.00
Tender $12,250.00 6 $2,041.66
Staff Vehicles $5,500.00 122 $45.08 Other $4,000.00 2 $2,000.00
Formula F-4: Total Apparatus Cost Per Fire Incident
The third step in calculating the apparatus cost per fire incident is formula F-4. The total
apparatus cost per fire incident is calculated by multiplying the apparatus cost per response by
the percent of fire incidents each type of apparatus responds to. This calculation accounts for
the fact that multiple apparatus are dispatched to many incidents, and that some apparatus are
only dispatched to specific types of incidents. The result of this calculation is a weighted
average total cost of apparatus per fire incident.
F-4. Apparatus Cost Per Response x Apparatus Percent of Fire Responses = Apparatus Cost Per
Fire Incident
There is one new variable that requires explanation: (F) apparatus percent of fire responses.
Variable (F): Apparatus Percent of Fire Responses
The next step in calculating the apparatus cost per fire incident is to identify the annual number
of incidents that Moses Lake’s Fire Department responds to.
Emergency incidents are separated into two broad categories: Fire and medical. Table 5 lists the
annual number of fire and medical incidents responded to during 2015.
Moses Lake Council Packet 1-14-20, Page 84 of 165
Table 5: Annual Fire and Medical Incidents
Type of Incident Average Annual Emergency Incidents
Fire 546 Medical 2,896
Different types of fire emergencies need different types or combinations of apparatus. As a
result, the usage of apparatus varies among the types of apparatus. This variance is an
important factor in determining the cost per incident. The percent of fire responses by each
type of apparatus is calculated in Table 6 by dividing the annual fire responses for each type of
apparatus by the total annual fire incidents from Table 5. The result of the calculation in Table
6 is the percent of fire incidents responded to by each type of apparatus. For example, engines
provided 672 responses to the 546 fire incidents, equaling 122% of all fire incidents. Another
way to understand this data is that one average fire incident involved 1.22 engines, therefore
the cost of responding to a fire incident includes 122% of the cost of an engine. Other
apparatus typically respond to only some of the incidents. Tenders for example, respond to
1.4% of fire emergency incidents, therefore the cost to respond to the average fire incident
includes 1.4% of a ladder truck.
Table 6: Fire Incident Response By Type of Apparatus
Type of Apparatus Total Annual Fire Related Responses
for Apparatus
Annual Fire Related
Incidents
Percent of Annual Fire Related Incidents
Dispatched to (Col 2/488)
Engine 672 546 122%
Ladder 411 546 75.27%
Medic Unit 508 546 93%
Brush Truck 38 546 6.9%
Squad 58 546 10.6%
Rescue 10 546 1.83%
Tender 12 546 2.2%
Staff Vehicles 488 546 89.37%
Other 10 546 1.83%
TOTAL 2,245 546 400%
The final step in calculating the apparatus cost per fire incident is shown in Table 7. The cost per
response for each type of apparatus (from Table 4) is multiplied by the percent of fire incidents
dispatched to (from Table 6) resulting in the total apparatus cost per fire incident.
Moses Lake Council Packet 1-14-20, Page 85 of 165
The “bottom line” in Table 7 is the apparatus cost per fire incident of $410.66. In other words,
every fire incident “uses up” $410.66 worth of apparatus.
Table 7: Total Apparatus Cost Per Fire Incident
Type of Apparatus Apparatus Cost per
Response
Annual Percent
of Fire Incidents
Dispatched to
Apparatus Cost per Fire
Incident (Col 1 x Col 2)
Engine $119.09 122% $145.29
Ladder $170.32 75.27% $128.20
Medic Unit $8.80 93% $8.18
Brush Truck $434.21 6.9% $29.96
Squad $151.72 10.6% $16.08
Rescue $620.00 1.83% $11.35
Tender $2,041.66 2.2% $44.92
Staff Vehicles $28.94 89.37% $25.86
Other $45.08 1.83% $0.82
TOTAL $410.66
Formula F-5: Annual Station Cost
The annual station cost is determined by dividing the station capital cost by its useful life.
F-5. Station Cost Per Square Foot ÷ Useful Life = Annual Station Cost Per Square Foot
There is one new variable that requires explanation: (G) station cost per square foot.
Variable (G): Station Cost per Square Foot
Table 8 calculates the average annualized fire station cost per square foot. The cost per square
foot is based on the average cost of a station with similar size and capability to Fire Station 2.
The current average cost of construction for a station of this size, with land, furnishings,
equipment, and lending costs is approximately $4,100,000.00
The useful life represents the length of time the station will last before it needs to be replaced.
The annualized cost is calculated by dividing the estimated cost per square foot by the average
useful life. The “bottom line” of Table 8 is an annualized station cost of $ 8.45 per square foot.
Moses Lake Council Packet 1-14-20, Page 86 of 165
Table 8: Annualized Station Cost per Square Foot
Type of Cost Cost Per Square Foot Building Useful Life (Years) Annual Building Cost per Square Foot (col 2 / col3 3)
Land $7.50
Building, Furnishings, & Equipment
$400.00
Cost of Borrowing $50.00
TOTAL $457.50 50 $9.15
Formula F-6: Station Cost Per Fire and Medical Incident
The station cost per fire and BLS incident is calculated by multiplying the annual station cost per
square foot by the station square feet per fire and BLS incident.
F-6. Annual Station Cost Per Square Foot x Station Square Feet Per Fire and Medical Incident =
Annual Station Cost Per Fire and Medical Incident
There are no new variables used in formula F-6. Both variables were developed in previous
formulas.
This calculation is shown in Table 9: the station cost per square foot (from Table 8) is multiplied
times the station square feet per incident (from Table 2). The result is the station cost of $71.83
per fire and BLS incident. In other words, each fire and BLS incident “uses up” $71.83 worth of
fire station.
Moses Lake Council Packet 1-14-20, Page 87 of 165
Table 9: Station Cost Per Fire and Medical Incident
Annual Building
Cost per Square Foot
Square Feet per
Incident
Annualized Building Cost per
Fire and Rescue Incident (col 1 x col 2)
$9.15 7.85 $71.83
Formula F-7: Annual Fire Incident Rate Per Unit Of Development
The annual fire incident rate per unit of development (i.e., dwelling unit or square foot of non-
residential development) is calculated by dividing the total annual fire incidents to each type of
land use by the number of dwelling units or square feet of non-residential development for that
type of land use.
F-7. Annual Emergency Fire Incidents at Each Type of Land Use ÷ Number of Dwelling Units
or Square Feet of Each Type of Land Use = Annual Fire Incidents Per Unit of Development
There are two variables that require explanation: (H) annual emergency fire incidents at land
use types, and (I) number of dwelling units or square feet.
Variable (H): Annual Emergency Fire Incidents at Land Use Types
The emergency incident data comes from the City’s dispatch records, data showing dwelling
units comes from the OFM State of Washington Postcensal Estimates of Housing Units, 2017,
and the square feet of non-residential development is from the Fire Department risk
management database.
The database identifies each incident by occupancy type such as residences, office or retail. The
land use categories in this study were created by combining the numerous occupancy types
into broad land use categories for impact fees, such as residences, office, retail, restaurant and
industrial/manufacturing.
During 2018, Moses Lake’s Fire Department responded to 546 fire incidents. Of the
546 fire incidents, 464 were traceable to a type of development (i.e., the incident occurred at a
specific property address, such as a residence or business) or they were traffic-related
(occurred on a roadway). Of the 546 fire incidents analyzed, 386 occurred at a specific property
and 78 were traffic related.
The records for the remaining 82 fire incidents did not allow the incident to be traced to either
a specific land use or a traffic-related incident, therefore these 82 incidents are apportioned to
Moses Lake Council Packet 1-14-20, Page 88 of 165
land uses and traffic on the same basis as the 464 incidents that are traceable. Table 10 shows
the allocation of the 82 incidents without land use designations to the property and traffic
categories using the same percentage as the 464 incidents for which a location was identifiable.
Thus 58 of the 82 fire incidents were allocated the same as the incidents at identifiable lands
uses, and the other 24 fire incidents were allocated the same as the traffic-related incidents.
Table 10: Fire Incidents
Incident Location Incidents
Identifiable by
Location
Incidents Not
Identifiable by
Location
Total Incidents
Total 464 82 546
At Properties,
percent of total
386 70.7% 58 10.6% 444
In Roads & Streets
percent of total
78 14.3% 24 4.4% 102
There are four tables on the following pages that present the allocation of fire incidents among
types of land use: Table 11 shows the fire incidents that were identifiable by land use type,
Table 12 shows the fire incidents that were traffic related. Table 13 combines the fire incident
data (land use and traffic), and Table 14 shows the fire incident rate per unit of development.
Table 11 shows the distribution of the 464 fire incidents that are traceable to a land use along
with the percent distribution of these 464 incidents. In column 4 the total fire incidents to land
use (464 traceable + 58 allocated) is allocated among the land use types using the percent
distribution column. The result is the total annual fire incidents at each of the land use types.
Moses Lake Council Packet 1-14-20, Page 89 of 165
Table 11: Fire Incidents at Specific Land Uses
Land Use Annual Fire Incidents Identifiable to Land Use
Percent of All Fire Incidents Identifiable to Land Use
Allocate 82 Incidents to Land Uses (Col 2 x 82)
Residential 184 33.7% 27
Non-Residential
Hotel/Motel/Resort
20 3.7% 3
Medical (Skilled
Nursing &LC)
27 5% 4
Hospital & Clinic 6 1% 1
Office 11 2% 2
Retail 72 13.2% 11
Restaurants 11 2% 2
Industrial 19 3.5% 3
Institutions:
Churches / non-
profit
3 0.5% 0
Education 33 6% 5
Total 386 58
Variable (I): Number of Dwelling Units or Square Feet
The traffic-related fire incidents are allocated to land uses on the basis of the amount of traffic
generated by each type of land use. In Table 12, the number of dwelling units and square feet
of non-residential construction in the City of Moses Lake is multiplied times the number of trips
that are generated by each land use type as reported in the 8th Edition of Trip Generation by
the Institute of Transportation Engineers (ITE). (The trip rates are one-half of ITE’s trip rates in
order to account for the trips each land use generates while excluding the “return” trip). The
result is the total trips associated with each land use type. The percent of trips associated with
each land use type is calculated from the total of all trips.
In the final calculation in Table 12 the total 102 annual fire incidents that are traffic-related (78
traceable + 24 allocated) is allocated among the land use types using the percent of trips
generated.
Moses Lake Council Packet 1-14-20, Page 90 of 165
Table 12: Traffic Related Fire Incidents (Allocated to Land Uses)
Land Use Moses Lake
Units of
Development
ITE Trip
Generation
Rate / 2 per
D.U. or Per
Unit of
Development
Total
Trips (col 1 x col2)
Percent of
Trips
Generated
Annual
Traffic
Related Fire
Incidents per
Unit of
Development (Col 5 x 78)
Residential 9,200 d.u 4.23228 38,937 29.16% 23
Non-Residential Hotel/Motel/Resort 732,000 Sq.Ft 0.00446 3,265 2.5% 2
Medical Care Facility 701,099 Sq. Ft .00825 5,784 4.3% 3
Commercial:
Office 2,790,000SqFt 0.00551 15,373 11.54% 9
Retail 1,723,000 SqFt 0.02147 36,993 27.7% 22
Restaurants 152,200 SqFt 0.06358 9,677 7.2% 6
Industrial 4,900,255 SqFt 0.00349 17,102 12.8% 9
Institutions:
Churches / non-
profit
345,000SqFt 0.00456 1,573 1.2% 1
Education 747,920SqFt 0.00645 4,824 3.6% 3
Total 133,528 100% 78
Moses Lake Council Packet 1-14-20, Page 91 of 165
Table 13 summarizes the results of the analysis of fire incidents. The total annual fire incidents
is a combination of the fire incidents allocated among direct responses to land use categories
(from Table 11) and the allocation of traffic related incidents based on trip generation rates
(from Table 12).
Table 13: Total Annual Fire Incidents by Land Use
Land Use Annual Fire
Incidents Direct to Land Use
Annual Traffic
Related Fire Incidents by Land Use
Total Annual Fire
Incidents by Land Use
Residential 184 23 207
Non-Residential Hotel/Motel/Resort 20 2 22
Medical Care Facility 33 3 36
Commercial:
Office 11 9 20
Retail 72 22 94
Restaurants 11 6 17
Industrial 19 9 28
Institutions:
Churches / non-profit 3 1 4
Education 33 3 36
Total 386 78 464
The final step in determining the annual fire incident rate per unit of development is shown in
Table 14. The total annual fire incidents for each type of land use (from Table 13) are divided by
the number of dwelling units or square feet of structures to calculate the annual incident rate
per dwelling unit or square foot. The units of development are the same as was used to
determine traffic-related incidents (see Table 12).
The results in Table 14 show how many times an average unit of development has a fire
incident to which the City of Moses Lake responds. For example, a residence has an average of
0.0257fire-related incidents per year. This is the same as saying that 2.57% of residential
occupancies have a fire-related incident in a year.
Moses Lake Council Packet 1-14-20, Page 92 of 165
Table 14: Annual Fire Incidents By Land Use
Land Use Total Annual Fire Incidents to Land Use
Units of Development Fire Incidents per Development
Residential 207 9.200 d.u 0.0225 per dwelling unit
Non-Residential
Hotel/Motel/Resort
22 732,000 Sq.Ft 0.00003 per sq ft
Medical Care Facility 36 701,099 Sq. Ft 0.000050 per sq ft
Commercial:
Office 20 2,790,000SqFt 0.000009500 per sq ft
Retail 94 1,723,000 Sq Ft 0.0000545 per sq ft
Restaurants 17 152,200 Sq Ft 0.0000111 per sq ft
Industrial 28 4,900.255 SqFt 0.0000057 per sq ft
Institutions:
Churches / non-
profit
4 345,000SqFt 0.0000115 per sq ft
Education 36 747,920SqFt 0.00004813 per sq ft
Total 464
Formula F-8: Fire Incident Capital Cost Per Unit Of Development
The capital cost of fire incidents per unit of development is determined by multiplying the
annual fire incidents per unit of development (from Table 14) times the annual capital cost per
fire incident of each type of apparatus (from Table 7) and fire station (from Table 8), then
multiplying that result times the useful life of the apparatus or fire station.4
F-8. Annual Fire Incidents Per Unit Of Development x Annual Cost Per Fire Incident x
Useful Life Of Apparatus or Station = Fire Incident Capital Cost Per Unit Of Development
There are no new variables used in formula F-8. All three variables were developed in previous
formulas.
4Some fire impact fees are calculated for the economic life of the property paying the impact
fee, rather than the useful life of the apparatus and stations that provide the fire protection.
Both methods meet the legal requirements for impact fees. The method used in this rate study
charges impact fees for the first of each type of apparatus and station needed for new
development, but subsequent replacements of apparatus and stations are funded by other
revenues available to the City of Moses Lake.
Moses Lake Council Packet 1-14-20, Page 93 of 165
In the tables on the following pages, each fire incident rate (from Table 14) is multiplied by the
annual capital cost per fire incident. The result is then multiplied times the useful life of the
apparatus or station to calculate the capital cost per unit of development for each type of
apparatus and station.
For example, residential units average 0.023 fire incidents per year (i.e., 2.3% of a fire incident
per year). In Table 15, multiplying this incident rate times the annual capital cost of an engine
($145.29 from Table 7) per incident indicates a cost of $2.38 per dwelling unit to provide it with
fire engines for one year.
Since an engine lasts 20 years, the residential dwelling needs to pay for 20 times the annual
rate, for a total of $65.40.
Table 15: Engine Cost of Responses to Fire Incidents at Land Use Categories
Land Use Unit of
Development
Annual Fire
Incident Rate
Engine Cost
@ $145.29
per incident Engine Life Cost
@ 20 Year Life
Residential Per Dwelling Unit 0.0225per dwelling unit $3.27 $65.40
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00003 per sq ft $0.004 $0.08
Medical Care Facility Per Sq Ft 0.000060 per sq ft $0.009 $0.18
Commercial:
Office Per Sq Ft 0.000009677 per sq ft $.01 $0.20
Retail Per Sq Ft 0.0000354 per sq ft $0.005 $0.10
Restaurants Per Sq Ft 0.0000107 per sq ft $0.00121 $0.04
Industrial Per Sq Ft 0.000007537 per sq ft $.0001 $.02
Institutions:
Churches / non-profit Per Sq Ft 0.00007826 per sq ft $0.01 $0.20
Education Per Sq Ft 0.00003877 per sq ft $0.006 $0.12
$3.32 $66.34
Moses Lake Council Packet 1-14-20, Page 94 of 165
Table 16 calculates the capital cost per unit of development for a ladder truck responding to fire
incidents. The incident rate (from Table 14) is multiplied by the ladder’s capital cost per fire
incident ($128.20 from Table 7) The result is then multiplied times the 20-year useful life of a
ladder truck to calculate the capital cost per unit of development for ladder trucks.
Table 16: Ladder Cost of Responses to Fire Incidents at Land Use Categories
Land Use Unit of Development Annual Fire Incident Rate Ladder Cost @ $128.20 per incident Ladder Life Cost @ 20 Year Life
Residential Per Dwelling Unit 0.0225per dwelling unit $2.88 $57.60
Non-Residential
Hotel/Motel/Resort
Per Sq Ft 0.00003 per sq ft $0.004 $0.08
Medical Care Facility Per Sq Ft 0.000060 per sq ft $0.008 $0.16
Commercial:
Office Per Sq Ft 0.000009677 per sq ft $.001 $0.02
Retail Per Sq Ft 0.0000354 per sq ft $0.0045 $0.09
Restaurants Per Sq Ft 0.0000107 per sq ft $0.0014 $0.03
Industrial Per Sq Ft 0.000007537 per sq ft $.001 $.02
Institutions:
Churches / non-profit Per Sq Ft 0.00007826 per sq ft $0.01 $0.20
Education Per Sq Ft 0.00003877 per sq ft $0.005 $0.10
$58.30
Moses Lake Council Packet 1-14-20, Page 95 of 165
Table 17 calculates the capital cost per unit of development for medic vehicles responding to
fire incidents. The incident rate is multiplied by the unit capital cost per fire incident ($8.80
from Table 7). The result is then multiplied times the 7-year useful life of an aid vehicle to
calculate the capital cost per unit of development for aid vehicles.
Table 17: Medic Vehicle Cost of Responses to Fire Incidents at Land Use
Categories
Land Use Unit of Development Annual Fire Incident Rate Medic Unit Cost @ $8.80per incident
Medic Unit Life Cost @ 7 Year Life
Residential Per Dwelling Unit 0.0225per dwelling unit $.20 $1.40
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00003 per sq ft $0.0003 $0.002
Medical Care Facility Per Sq Ft 0.000060 per sq ft $0.0005 $0.004
Commercial:
Office Per Sq Ft 0.000009677 per sq ft $.00009 $0.0006
Retail Per Sq Ft 0.0000354 per sq ft $0.0003 $0.002
Restaurants Per Sq Ft 0.0000107 per sq ft $0.00009 $0.0006
Industrial Per Sq Ft 0.000007537 per sq ft $.00007 $.0005
Institutions:
Churches / non-profit Per Sq Ft 0.00007826 per sq ft $0.0007 $0.005
Education Per Sq Ft 0.00003877 per sq ft $0.0003 $0.002
$1.42
Moses Lake Council Packet 1-14-20, Page 96 of 165
Table 18 calculates the capital cost per unit of development for a brush truck’s response to fire
incidents. The incident rate is multiplied by the brush truck’s capital cost per fire incident
($29.96 from Table 7). The result is then multiplied times the 20-year useful life of a brush truck
to calculate the capital cost per unit of development for brush trucks.
Table 18: Brush Truck Cost of Responses to Fire Incidents at Land Use
Land Use Unit of
Development
Annual Fire
Incident Rate
Brush Truck
Cost @$29.96
per Incident
Brush Truck
Life Cost @
20 Year Life Residential Per Dwelling Unit 0.0225per dwelling unit $0.67 $13.40
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00003 per sq ft $0.0009 $0.02
Medical Care Facility Per Sq Ft 0.000060 per sq ft $0.002 $0.04
Commercial:
Office Per Sq Ft 0.000009677 per sq ft $0.0003 $0.006
Retail Per Sq Ft 0.0000354 per sq ft $0.001 0.02
Restaurants Per Sq Ft 0.0000107 per sq ft $0.0003 0.006
Industrial Per Sq Ft 0.000007537 per sq ft $0.000191 $0.004
Institutions: Churches / non-profit Per Sq Ft 0.00007826 per sq ft $0.002 $0.04
Education Per Sq Ft 0.00003877 per sq ft $0.001 $0.02
$13.56
Moses Lake Council Packet 1-14-20, Page 97 of 165
Table 19 calculates the capital cost per unit of development for staff vehicles responding to fire
incidents. The incident rate is multiplied by the staff vehicle capital cost per fire incident
($28.94 from Table 7). The result is then multiplied times the 10 year useful life of a staff
vehicle to calculate the capital cost per unit of development for staff vehicles.
Table 19: Staff Vehicle Cost of Responses to Fire Incidents and Land Use
Categories
Land Use Unit of Development Annual Fire Incident Rate Staff Vehicle Cost @$28.94 per Incident
Staff Vehicle Life Cost @ 7 Year Life Residential Per Dwelling Unit 0.0225per dwelling unit $0.65 $4.55
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00003 per sq ft $0.0009 $0.006
Medical Care
Facility
Per Sq Ft 0.000060 per sq ft $0.004 $0.03
Commercial:
Office Per Sq Ft 0.000009677 per sq ft $0.0002 $0.001
Retail Per Sq Ft 0.0000354 per sq ft $0.001 0.007
Restaurants Per Sq Ft 0.0000107 per sq ft $0.0003 0.002
Industrial Per Sq Ft 0.000007537 per sq ft $0.0002 $0.001
Institutions: Churches / non-profit Per Sq Ft 0.00007826 per sq ft $0.002 $0.01
Education Per Sq Ft 0.00003877 per sq ft $0.001 $0.007
$4.60
Moses Lake Council Packet 1-14-20, Page 98 of 165
Table 20 calculates the capital cost per unit of development for Tender units responding to fire
incidents. The incident rate is multiplied by the Tender capital cost per fire incident ($44.92
from Table 7). The result is then multiplied times the 20 year useful life of a Tender to calculate
the capital cost per unit of development for Tenders.
Table 20: Tender Cost of Responses to Fire Incidents and Land Use Categories
Land Use Unit of Development Annual Fire Incident Rate Tender Cost @$44.92 per Incident
Tender Vehicle Life Cost @ 20 Year Life
Residential Per Dwelling Unit 0.0225per dwelling unit $1.01 $20.20
Non-Residential
Hotel/Motel/Resort
Per Sq Ft 0.00003 per sq ft $.001 $.02
Medical Care
Facility
Per Sq Ft 0.000060 per sq ft $.003 $.06
Commercial:
Office Per Sq Ft 0.000009677 per sq ft $.0004 $.008
Retail Per Sq Ft 0.0000354 per sq ft $.002 $.04
Restaurants Per Sq Ft 0.0000107 per sq ft $.0005 $.01
Industrial Per Sq Ft 0.000007537 per sq ft $.0003 $.006
Institutions:
Churches / non-
profit
Per Sq Ft 0.00007826 per sq ft $.004 $.08
Education Per Sq Ft 0.00003877 per sq ft $.002 $.04
$20.50
Moses Lake Council Packet 1-14-20, Page 99 of 165
Table 21 calculates the capital cost per unit of development for a Squad response to fire
incidents. The incident rate is multiplied by the Squad’s capital cost per fire incident ($16.08
from Table 7). The result is then multiplied times the 20-year useful life of a Squad to calculate
the capital cost per unit of development for Squad’s.
Table 21: Squad Cost of Responses to Fire Incidents and Land Use Categories
Land Use Unit of
Development
Annual Fire
Incident Rate
Squad Cost
@$16.08 per
Incident
Squad Life
Cost @ 20
Year Life
Residential Per Dwelling Unit 0.0225per dwelling unit $.36 $7.24
Non-Residential
Hotel/Motel/Resort
Per Sq Ft 0.00003 per sq ft $.0005 $.01
Medical Care
Facility
Per Sq Ft 0.000060 per sq ft $.001 $.02
Commercial: Office Per Sq Ft 0.000009677 per sq ft $.0002 $.003
Retail Per Sq Ft 0.0000354 per sq ft
Restaurants Per Sq Ft 0.0000107 per sq ft $.0006 $.01
Industrial Per Sq Ft 0.000007537 per sq ft $.0001 $.002
Institutions:
Churches / non-
profit
Per Sq Ft 0.00007826 per sq ft $.01 $.03
Education Per Sq Ft 0.00003877 per sq ft $.006 $.01
$7.33
Moses Lake Council Packet 1-14-20, Page 100 of 165
Table 22 calculates the capital cost per unit of development for a Rescue Vehicle response to
fire incidents. The incident rate is multiplied by the Rescue Vehicle capital cost per fire incident
($11.35 from Table 7). The result is then multiplied times the 20-year useful life of a Rescue
Vehicle to calculate the capital cost per unit of development for Rescue Vehicles.
Table 22: Rescue Vehicle Cost of Responses to Fire Incidents and Land Use
Categories
Land Use Unit of
Development
Annual Fire
Incident Rate
Rescue
Vehicle Cost @$11.35 per Incident
Rescue
Vehicle Life Cost @ 20 Year Life Residential Per Dwelling Unit 0.0225per dwelling unit $.26 $5.11
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00003 per sq ft $.0003 $.007
Medical Care
Facility
Per Sq Ft 0.000060 per sq ft $.0007 $.01
Commercial:
Office Per Sq Ft 0.000009677 per sq ft $.0001 $.002
Retail Per Sq Ft 0.0000354 per sq ft $.0004 $.008
Restaurants Per Sq Ft 0.0000107 per sq ft $.0001 $.002
Industrial Per Sq Ft 0.000007537 per sq ft $.0009 $.002
Institutions: Churches / non-profit Per Sq Ft 0.00007826 per sq ft $.0009 $.002
Education Per Sq Ft 0.00003877 per sq ft $.0004 $.009
$5.15
Moses Lake Council Packet 1-14-20, Page 101 of 165
Table 23 calculates the capital cost per unit of development for other apparatus / equipment’s
response to fire incidents. The incident rate is multiplied by the other apparatus / equipment’s
capital cost per fire incident ($45.08 from Table 7). The result is then multiplied times the 10-
year useful life of other apparatus / equipment to calculate the capital cost per unit of
development for apparatus / equipment.
Table 23: Other Apparatus / Equipment Cost of Responses to Fire Incidents and
Land Use Categories
Land Use Unit of Development Annual Fire Incident Rate Other Apparatus / Equipment Cost @$45.08 per Incident
Other Apparatus / Equipment Life Cost @ 10 Year Life Residential Per Dwelling Unit 0.0225per dwelling unit $1.01 $10.10
Non-Residential
Hotel/Motel/Resort
Per Sq Ft 0.00003 per sq ft $.001 $.03
Medical Care
Facility
Per Sq Ft 0.000060 per sq ft $.003 $.05
Commercial:
Office Per Sq Ft 0.000009677 per sq ft $.0004 $.009
Retail Per Sq Ft 0.0000354 per sq ft $.002 $.02
Restaurants Per Sq Ft 0.0000107 per sq ft $.0005 $.01
Industrial Per Sq Ft 0.000007537 per sq ft $.0003 $.003
Institutions: Churches / non-profit Per Sq Ft 0.00007826 per sq ft $.003 $.03
Education Per Sq Ft 0.00003877 per sq ft $.002 $.02
$10.27
Moses Lake Council Packet 1-14-20, Page 102 of 165
Table 24 calculates the capital cost per unit of development for Fire Stations that house fire
apparatus. The fire incident rate (from Table 14) is multiplied by the fire station’s capital cost
per fire and medical incident ($71.83 from Table 9). The result is then multiplied times the 50-
year useful life of fire stations to calculate the capital cost per unit of development for fire
stations.
Table 24: Fire Station Cost of Responses to Fire Incidents and Land Use
Categories
Land Use Unit of
Development
Annual Fire
Incident Rate
Fire Station
Cost @$71.83
per Incident
Fire Station
Life Cost @
50 Year Life
Residential Per Dwelling Unit 0.0225per dwelling unit $1.62 $80.81
Non-Residential
Hotel/Motel/Resort
Per Sq Ft 0.00003 per sq ft $.002 $.11
Medical Care Facility Per Sq Ft 0.000060 per sq ft $.004 $.22
Commercial: Office Per Sq Ft 0.000009677 per sq ft $.0007 $.03
Retail Per Sq Ft 0.0000354 per sq ft $.003 $.13
Restaurants Per Sq Ft 0.0000107 per sq ft $.0008 $.04
Industrial Per Sq Ft 0.000007537 per sq ft $.0005 $.03
Institutions:
Churches / non-
profit
Per Sq Ft 0.00007826 per sq ft $.006 $.28
Education Per Sq Ft 0.00003877 per sq ft $.003 $.14
$81.79
Moses Lake Council Packet 1-14-20, Page 103 of 165
Table 25 combines the capital costs of all types of apparatus and station (from Tables 15 – 24)
to show the capital cost of responses to fire incidents for one unit of residential development.
Table 25: Example of Calculation of Total Capital Cost for a Residential Unit
Cost Component Cost Source Engine $65.40 Table 15 Ladder $57.60 Table 16 Medic Unit $1.40 Table 17 Brush Truck $13.40 Table 18 Staff Vehicle $4.55 Table 19 Tender $20.20 Table 20 Squad $7.24 Table 21 Rescue $5.11 Table 22
Other Apparatus /
Equipment
$10.10 Table 23
Fire Station $80.81 Table 24
Total $265.81
This example is repeated for each land use to combine its capital costs of all types of apparatus
and station in Table 26.
Table 26: Total Capital Cost of Responses to Fire Incidents at Land Use
Categories
Land Use Unit of Development Fire Incident Life Cost of
All Apparatus and Station
Residential Per dwelling unit $265.81
Non-Residential
Hotel/Motel/Resort
Per square foot $0.37
Medical Care Facility Per square foot $0.77 Commercial: Office Per square foot $0.29 Retail Per square foot $0.43 Restaurants Per square foot $0.14 Industrial Per square foot $0.12 Institutions: Churches / non-profit Per square foot $0.86
Education Per square foot $0.47
Moses Lake Council Packet 1-14-20, Page 104 of 165
Formula F-9: Cost per Apparatus per fire or Medical Incident
The annual cost per type of apparatus is the same as in Table 3. The cost per
apparatus per fire or BLS incident is the same as Table 4.
Formula F-10: Apparatus Cost per Medical Incident
The calculation of apparatus cost per medical incident is similar to the calculation of
costs per fire incident in Table 7. The total apparatus cost per medical incident is calculated by
multiplying the cost per apparatus per response by the percent of medical incidents each type
of apparatus responds to. This calculation accounts for the fact that multiple apparatus are
dispatched to many incidents, and that some apparatus are only dispatched to specific types of
incidents. The result of this calculation is a weighted average total cost of apparatus per
medical incident.
F-10. Apparatus Cost Per Response x Apparatus Percent of Medical Responses = Apparatus
Cost Per Medical Incident
There are no new variables used in formula F-10. The first variable is identical to
the data from Table 4, and the second variable concerning the percent of medical responses
works identically to Variable F, but using medical responses instead of fire responses.
Different types of medical emergencies need different types or combinations of apparatus. As a
result, the usage of apparatus varies among the types of apparatus. This variance is an
important factor in determining the cost per incident. The percent of medical responses by
each type of apparatus is calculated in Table 27 by dividing the annual medical responses for
each type of apparatus by the total annual medical incidents from Table 5. The result of the
calculation in Table 27 is the percent of medical incidents responded to by each type of
apparatus. For example, engines provided 746 responses to the 3,407 medical incidents,
equaling 21.9% of all medical incidents. Another way to understand this data is that one
average medical incident involved 0.219 engines therefore the cost of responding to
a medical incident includes 21.9% of the cost of an engine.
Moses Lake Council Packet 1-14-20, Page 105 of 165
Table 27: Medical Incident Response by Type of Apparatus
Type of Apparatus Total Annual Medical Responses for Apparatus Percent of Annual Medical Related Incidents Dispatched to (Col 2/ 2896) Engine 956 33% Ladder 87 3% Medic Unit 3,186 110% Brush Truck 0 0% Squad 12 0.004% Tender 0 0% Staff Vehicles 198 6.8% Other Apparatus & Equipment 22 0.8% Total 4,461 153.6%
The final step in calculating the apparatus cost per medical incident is shown in Table 28. The
cost per response for each type of apparatus (from Table 7) is multiplied by the percent of
medical incidents dispatched to (from Table 27) resulting in the total apparatus cost per
medical incident. The “bottom line” in Table 28 is the apparatus cost per medical incident of
$73.77.
Table 28: Total Apparatus Cost per Medical Incident
Type of Apparatus Apparatus Cost Per Response Annual Percent of Medical Incidents Dispatched to Apparatus Cost per Medical Incident (Col2 * Col3) Engine $119.09 33% $39.30 Ladder $170.32 3% $5.11 Medic Unit $8.80 110% $9.68 Brush Truck $434.21 0% $0.00 Squad $151.72 0.004% $0.61 Rescue $620.00 0% $0.00 Tender $2,041.66 0% $0.00 Staff Vehicles $45.08 6.8% $3.07 Other Apparatus & Equipment $2,000.00 0.8% $16.00 Total $5,590.88 $73.77
Moses Lake Council Packet 1-14-20, Page 106 of 165
Formula F-11: Station Cost per Fire and Medical Incident
The station cost per fire and medical incident is the same as Table 9. The formula is the same as
Formula F-6.
Formula F-12: Annual Medical Incident Rate per Unit of Development
Formula F-12 is the same as Formula F-7. The annual medical incident rate per unit of
development is calculated using the same methodology as described for fire incidents in Tables
10-14.
There are no new variables used in formula F-12. The variables are identical to those used in
Formula F-7, but using medical incidents instead of fire incidents.
During 2015, Moses Lake’s Fire Department responded to 2,896 medical incidents. Of the
2,896 medical incidents 2,559 were traceable to a type of development (i.e., the incident
occurred at a specific type of property such as a residence or business) or they were traffic-
related (occurred on a roadway) and were included in the following detailed analysis of
incidents to land uses. Of the 2,896 medical incidents analyzed 2,487 occurred at a specific
property and 72 were traffic-related.
The remaining 337 medical incidents were not traceable to either a specific property or a
traffic-related incident, therefore these 337 are apportioned to land uses and traffic on the
same basis as the 2,896 incidents that are traceable. Table 29 shows the allocation of the 337
incidents without land use designations to the property and traffic categories using the same
percentage as the 2,896 incidents for which a location was identifiable. Thus 325 of the 337
medical incidents were allocated the same as the incidents at identifiable lands uses, and the
other 12 medical incidents were allocated the same as the traffic-related incidents.
Table 29: Medical Incidents
Incident Location Incidents Identifiable by Location Incidents Not Identifiable by Location Total Incidents
Total 2,559 337 2,896 At Properties % of Total 2,487 85.8% 325 11% 2,812 97.94% In Roads & Streets % of Total 72 2.5% 12 0.04% 84 2.05%
Moses Lake Council Packet 1-14-20, Page 107 of 165
There are four tables that present the allocation of medical incidents among types of land use:
Table 30 shows the medical incidents that were identifiable by land use type, Table 31 shows
the medical incidents that were traffic-related. Table 32 combines the medical incident data
(land use and traffic), and Table 33 shows the medical incident rate per unit of development.
Table 30 shows the distribution of the 2,896 medical incidents that are traceable to a specific
land use along with the percent distribution of these 2,896 incidents. In column 4 the total
2,896 medical incidents to land use (2,559 traceable + 337 allocated) is allocated among the
land use types using the percent distribution column. The result is the total annual medical
incidents at each of the land use types.
Table 30: Medical Incidents at Specific Land Uses
Land Use Medical Incidents Identifiable to Land Use Percent of All Medical Incidents Identifiable to Land Use
Residential 854 + 29 Allocated 883 30.56%
Non-Residential Hotel/Motel/Resort 54 + 6Allocated 60 2.07%
Medical Care Facility Hospitals & Clinics 447 + 27 Allocated 16.36%
Skilled Nursing & LC 1209 + 73 Allocated 44.26%
Commercial:
Office 49 +2Allocated 51 1.75%
Retail 49+ 3Allocated 52 1.8%
Restaurants 6 + 1 Allocated 7 .25%
Industrial 49 + 8 Allocated 57 1.95%
Institutions:
Churches / non-profit 11 + 1 Allocated 12 0.40%
Education 15+ 2 Allocated 17 0.60%
Moses Lake Council Packet 1-14-20, Page 108 of 165
The traffic-related BLS incidents are allocated to land uses on the basis of the amount of traffic
generated by each type of land use. In Table 31, the number of dwelling units and square feet
of non-residential construction in Moses Lake is multiplied times the number of trips that are
generated by each land use type in the same manner as Table 12. The result is the total trips
associated with each land use type. The percent of trips associated with each land use type is
calculated from the total of all trips.
In the final calculation in Table 31 the total 84 annual medical incidents that are traffic-related
(72 traceable + 12allocated) is allocated among the land use types using the percent of trips
generated.
Table 31: Traffic Related Medical Incidents (Allocated to Land Uses)
Land Use Moses Lake
Units of
Development
ITE Trip
Generation
Rate / per
D.U. or Per
Unit of Development
Total
Trips (col 2 x col3)
Percent of
Trips
Generated
Allocate 84
Traffic
Related
Medical
Incidents by Land use (Col 5 *84) Residential 9.200 d.u 4.23228 38,937 29.16% 24
Non-Residential Hotel/Motel/Resort 732,000 Sq.Ft 0.00446 3,265 2.5% 2
Medical Care Facility 701,099 Sq. Ft .00825 5,784 4.3% 4
Commercial:
Office 2,790,000SqFt 0.00551 15,373 11.54% 10
Retail 1,723,000 Sq Ft 0.02147 36,993 27.7% 23
Restaurants 152,200 Sq Ft 0.06358 9,677 7.2% 6
Industrial 4,900.255 SqFt 0.00349 17,102 12.8% 11
Institutions:
Churches / non-
profit
345,000SqFt 0.00456 1,573 1.2% 1
Education 747,920SqFt 0.00645 4,824 3.6% 3
Total 133,528 100% 84
Moses Lake Council Packet 1-14-20, Page 109 of 165
Table 32 summarizes the results of the analysis of medical incidents. The total annual medical
incidents is a combination of the medical incidents allocated among direct responses to land
use categories and the allocation of traffic related incidents based on trip generation rates
(from Table 31)
Table 32: Total Annual Medical Incidents by Land Use
Land Use Annual Medical
Incidents Direct to
Land Use
Annual Traffic
Related Medical
Incidents by Land Use
Total Annual
Medical
Incidents by Land Use
Residential 869 14 883
Non-Residential
Hotel/Motel/Resort
58 2 60
Medical Care Facility 1736 19 1755
Commercial:
Office 41 10 51
Retail 29 19 48
Restaurants 7 6 13
Industrial 46 11 57
Institutions:
Churches / non-profit 11 1 12
Education 15 2 17
Total 2812 84 2896
Moses Lake Council Packet 1-14-20, Page 110 of 165
The final step in determining the annual medical incident rate per unit of development is shown
in Table 33. The total annual medical incidents for each type of land use (from Table 32) are
divided by the number of dwelling units or square feet of structures to calculate the annual
medical incident rate per dwelling unit or square foot. The units of development are the same
as was used to determine traffic-related incidents (see Table 30). The results in Table 33 show
how many times an average unit of development has a medical incident to which the City of
Moses Lake responds.
Table 33: Annual Medical Incidents by Land Use
Land Use Total Annual Medical
Incidents to Land Use
Units of
Development
Annual Medical Unit of Incidents
per Development
Residential 883 9,200 d.u 0.10 Per Dwelling Unit
Non-Residential Hotel/Motel/Resort 60 732,000 Sq.Ft 0.00008 per square foot
Medical Care Facility 1755 701,099 Sq. Ft 0.0025 per square foot
Commercial:
Office 51 2,790,000SqFt 0.00001 per square foot
Retail 48 1,723,000 SqFt 0.00002 per square foot
Restaurants 13 152,200 SqFt 0.00009 per square foot
Industrial 57 4,900,255 SqFt 0.000001
Institutions:
Churches / non-profit 12 345,000SqFt 0.00003
Education 17 747,920SqFt 0.00002
Total 2,896
Moses Lake Council Packet 1-14-20, Page 111 of 165
Formula F-13: Medical Incident Capital Cost Per Unit Of Development
The capital cost of medical incidents per unit of development is determined by multiplying the
annual medical incidents per unit of development (from Table 32) times the annual capital cost
per medical incident incident of each type of apparatus (from Table 28) and fire station, then
multiplying that result times the useful life of the apparatus or fire station.
F-13. Annual medical Incidents Per Unit Of Development x Annual Cost Per Medical Incident
X Useful Life Of Apparatus or Station = Medical Incident Capital Cost Per Unit Of Development
There are no new variables used in formula F-13. The variables are identical to those used in
Formula F-8, but using BLS incident rates and costs instead of fire incident rates and costs.
In Tables 34 – 40 on the following pages, each medical incident rate (from Table 32) is
multiplied by the annual capital cost per medical incident. The result is then multiplied times
the useful life of the apparatus or station to calculate the capital cost per unit of development
for each type of apparatus and station.
This series of tables does not include the cost for units that do not respond to medical
incidents.
Moses Lake Council Packet 1-14-20, Page 112 of 165
Table 34 calculates the BLS related capital costs of an engine per unit of development. For
example, residential units average 0.10 medical incidents per year (i.e., 10% of a medical
incident per year). Multiplying this by the annual capital cost of $39.30 per incident (from Table
28) produces the result that it costs $3.93 per dwelling unit to provide it with engines for one
year. Since the engine lasts 20 years, the residential dwelling needs to pay for 20 times the
annual rate, for a total of $78.60.
Table 34: Engine Cost of Responses to Medical Incidents at Land Use Categories
Land Use Unit of
Development
Annual Medical
Incident Rate
Engine Cost
@ $39.30 per
incident Engine Life Cost
@ 20 Year Life
Residential Per Dwelling Unit 0.10 Per Dwelling Unit $3.93 $78.60
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00008 $.003 $.06
Medical Care Facility Per Sq Ft 0.0025 $.10 $2.00
Commercial:
Office Per Sq Ft 0.00001 $.0004 $.008
Retail Per Sq Ft 0.00002 $.0008 $.02
Restaurants Per Sq Ft 0.00009 $.0003 $.006
Industrial Per Sq Ft 0.000001 $.00004 $.0008
Institutions:
Churches / non-profit Per Sq Ft 0.00003 $.001 $.02
Education Per Sq Ft 0.00002 $.0008 $.02
$80.73
Moses Lake Council Packet 1-14-20, Page 113 of 165
Table 35: Medic Unit Cost of Reponses to Medical Incidents at Land Use
Categories
Table 35 calculates the capital cost per unit of development for medic units responding to
medical incidents. The incident rate (from Table 33) is multiplied by the medic unit capital cost
per medical incident ($9.68 from Table 28) The result is then multiplied times the 7 year useful
life of a medic unit to calculate the capital cost of development for medic units.
Land Use Unit of
Development
Annual Medical
Incident Rate
Medic Cost @
$9.68 per
incident Medic Life Cost
@ 7 Year Life
Residential Per Dwelling Unit 0.10 Per Dwelling Unit $.97 $6.79
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00008 $.0008 $.006
Medical Care Facility Per Sq Ft 0.0025 $.02 $.14
Commercial:
Office Per Sq Ft 0.00001 $.0001 $.0007
Retail Per Sq Ft 0.00002 $.0002 $.0014
Restaurants Per Sq Ft 0.00009 $.0002 $.0014
Industrial Per Sq Ft 0.000001 $.00001 $.00007
Institutions:
Churches / non-profit Per Sq Ft 0.00003 $.0003 $.0021
Education Per Sq Ft 0.00002 $.0002 $.0014
$6.94
Moses Lake Council Packet 1-14-20, Page 114 of 165
Table 36 calculates the capital cost per unit of development for Squad units responding to
medical incidents. The incident rate (from Table 33) is multiplied by the Squad unit capital cost
per medical incident ($0.61 from Table 28) The result is then multiplied times the 20 year useful
life of a Squad unit to calculate the capital cost of development for Squad units.
Table 36: Squad Cost of Responses to Medical Incidents at Land Use Categories
Land Use Unit of
Development
Annual Medical
Incident Rate
Squad Cost @
$0.61 per
incident Squad Life Cost
@ 20 Year Life
Residential Per Dwelling Unit 0.10 Per Dwelling Unit $.06 $1.20
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00008 $.00005 $.001
Medical Care Facility Per Sq Ft 0.0025 $.002 $.04
Commercial:
Office Per Sq Ft 0.00001 $.000006 $.00012
Retail Per Sq Ft 0.00002 $.00001 $.0002
Restaurants Per Sq Ft 0.00009 $.00005 $.001
Industrial Per Sq Ft 0.000001 $.0000006 $.000012
Institutions:
Churches / non-profit Per Sq Ft 0.00003 $.0002 $.004
Education Per Sq Ft 0.00002 $.00001 $.0002
$1.25
Moses Lake Council Packet 1-14-20, Page 115 of 165
Table 37 calculates the capital cost per unit of development for Staff units responding to
medical incidents. The incident rate (From Table 33) is multiplied by the Staff unit capital cost
per medical incident ($3.07 from Table 28) The result is then multiplied times the 10 year useful
life of a Staff unit to calculate the capital cost of development for Staff units.
Table 37: Staff Unit Cost of Responses to Medical Incidents at Land Use
Categories
Land Use Unit of
Development
Annual Medical
Incident Rate
Staff Unit
Cost @ $3.07
per incident Staff Unit Life
Cost @ 10 Year
Life
Residential Per Dwelling Unit 0.10 Per Dwelling Unit $.31 $3.10
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00008 $.0002 $.002
Medical Care Facility Per Sq Ft 0.0025 $.008 $.08
Commercial:
Office Per Sq Ft 0.00001 $.00003 $.0003
Retail Per Sq Ft 0.00002 $.00006 $.0006
Restaurants Per Sq Ft 0.00009 $.0003 $.003
Industrial Per Sq Ft 0.000001 $.000003 $.0003
Institutions:
Churches / non-profit Per Sq Ft 0.00003 $.00009 $.0009
Education Per Sq Ft 0.00002 $.00006 $.0006
$3.19
Moses Lake Council Packet 1-14-20, Page 116 of 165
Table 38 calculates the capital cost per unit of development for Other Apparatus and
equipment responding to medical incidents. The incident rate (From Table 33) is multiplied by
the Other Apparatus and equipment capital cost per medical incident ($0.04 from Table 28) The
result is then multiplied times the 10 year useful life of a Other Apparatus and equipment to
calculate the capital cost of development for Other Apparatus and equipment.
Table 38: Other Apparatus & Equipment Cost of Responses to Medical Incidents
at Land Use Categories
Land Use Unit of
Development
Annual Medical
Incident Rate
Other
Apparatus
Cost @
$16.00 per
incident
Other Apparatus
Life Cost @ 10
Year Life
Residential Per Dwelling Unit 0.10 Per Dwelling Unit $1.60 $16.00
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00008 $.001 $.01
Medical Care Facility Per Sq Ft 0.0025 $.04 $.40
Commercial:
Office Per Sq Ft 0.00001 $.0002 $.002
Retail Per Sq Ft 0.00002 $.0003 $.003
Restaurants Per Sq Ft 0.00009 $.001 $.01
Industrial Per Sq Ft 0.000001 $.00002 $.0002
Institutions:
Churches / non-profit Per Sq Ft 0.00003 $.0005 $.005
Education Per Sq Ft 0.00002 $.0003 $.003
$16.43
Moses Lake Council Packet 1-14-20, Page 117 of 165
Table 39: Fire Station Cost of Responses to Medical Incidents at Land Use
Categories
Table 39 calculates the capital cost per unit of development for Fire Stations that house medical
apparatus. The incident rate (From Table 33) is multiplied by the fire station’s capital cost per
fire and medical incident ($71.83 from Table 9). The result is then multiplied times the 50 year
useful life of a fire station to calculate the capital cost per unit of development for fire stations.
Land Use Unit of
Development
Annual Medical
Incident Rate
Fire Station
Cost @
$71.83 per incident
Fire Station Life
Cost @ 50 Year
Life
Residential Per Dwelling Unit 0.10 Per Dwelling Unit $7.18 $359.00
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.00008 $.006 $.30
Medical Care Facility Per Sq Ft 0.0025 $.18 $9.00
Commercial:
Office Per Sq Ft 0.00001 $.0007 $.04
Retail Per Sq Ft 0.00002 $.001 $.05
Restaurants Per Sq Ft 0.00009 $.006 $.30
Industrial Per Sq Ft 0.000001 $.00007 $.04
Institutions:
Churches / non-profit Per Sq Ft 0.00003 $.002 $.10
Education Per Sq Ft 0.00002 $.001 $.05
$368.88
Moses Lake Council Packet 1-14-20, Page 118 of 165
Table 40 combines the capital costs of all types of apparatus and station from tables 34-39 to
show the total capital cost of responses to medical incidents for one unit of residential
development.
Table 40: Total Capital Cost of Responses to Medical Incidents at Land Use
Categories
Land Use Unit of Development Medical Incident Life Cost of All Apparatus and Station
Residential Per Dwelling Unit $464.39
Non-Residential
Hotel/Motel/Resort
Per Square Foot $0.38
Medical Care Facility Per Square Foot $11.66 Commercial: Office Per Square Foot $0.05 Retail Per Square Foot $0.07 Restaurants Per Square Foot $0.32 Industrial Per Square Foot $0.31 Institutions:
Churches / non-profit Per Square Foot $0.13
Education Per Square Foot $0.09 $477.40
Formula F-14: Fire and Medical Cost Per Unit of Development
The fire and medical costs per unit of development from the preceding tables are combined to
determine the total fire and medical cost per dwelling unit or non-residential square foot.
F-14: Fire Incident Capital Cost per Unit of Development + Medical Incident Capital Cost per
Unit of Development = Fire and Medical Cost per Unit of Development
There are no new variables used in formula F-14. Both variables were developed in previous
formulas and tables.
Moses Lake Council Packet 1-14-20, Page 119 of 165
In Table 41 the fire and medical costs per unit of development are added together to determine
the combined total fire and medical cost per dwelling unit or non-residential square foot.
Table 41: Total Cost of Response to Fire and Medical Incidents by Land Use
Category
Land Use Unit of Development Medical Incident Life Cost of All Apparatus and Station
Fire Incident Life Cost of All Apparatus and Station
Combined Life Cost of all Apparatus and Station
Residential Per Dwelling
Unit
$464.39 $265.81 $730.20
Non-Residential
Hotel/Motel/Resort
Per Square
Foot
$0.38 $0.37 $0.75
Medical Care Facility
Hospital & Clinic
Per Square
Foot
$4.31 $0.28 $4.59
Skilled Nursing & LC Per Square
Foot
$7.35 $0.49 $7.84
Commercial: Office Per Square Foot $0.05 $0.29 $0.34
Retail Per Square Foot $0.07 $0.43 $0.50
Restaurants Per Square Foot $0.32 $0.14 $0.46
Industrial Per Square
Foot
$0.31 $0.12 $0.43
Institutions:
Churches / non-
profit
Per Square
Foot
$0.13 $0.86 $0.99
Education Per Square
Foot
$0.09 $0.47 $0.56
Moses Lake Council Packet 1-14-20, Page 120 of 165
Formula F-15: Adjustments and Impact Fees
The final step in determining the fire services impact fee is to reduce the cost per dwelling unit
or non-residential square foot by subtracting any credits for other revenue from existing and
new development that the City of Moses Lake will use to pay for part of the cost of the same
fire protection facilities that are the basis of the impact fee, and any adjustment to comply with
RCW 82.02.050(7).
F-15: Fire and Medical Cost per Unit of Development – Adjustment for Revenue Credits =
Impact Fee per Unit of Development
There is one new variable that requires explanation: (J) adjustment for revenue credits.
Variable (J): Adjustment for Revenue Credits
Moses Lake does not have dedicated revenues for fire stations and apparatus, therefore there
is no adjustment for future payments of other revenues that are used to pay for the same new
fire stations and apparatus that are required to serve the new development. The only revenue
sources to be included in the adjustment are those that are used for fire services facilities
capacity expansion according to law and local policy or practice.
Adjustments are not given for other payments that are not used for new fire services facilities
needed for new development. Such an adjustment would extend to payments of all taxes for all
purposes to all forms of governments, which contradicts the well-established system of
restricting fees, charges, and many taxes for specific public facilities and services. Adjustments
are not given for revenues that are used for repair, maintenance or operating costs because
impact fees are not used for such expenses.
The final step in Table 42 (on the next page) is to further reduce the impact fees that would be
charged to new development in order to implement RCW 82.02.050(7) which provides that
“…the financing for system improvements to serve new development … cannot rely solely on
impact fees.” The statute provides no further guidance, and “not rely solely” could be anything
between 0.1% and 99.9%.
RCW 82.02.060(1)(b) requires an adjustment for revenue credits to be given only for
"...payments made or reasonably anticipated to be made by new development to pay for
particular system improvements in the form of user fees, debt service payments, taxes, or other
payments earmarked for or proratable to the particular system improvement (emphasis
added);"
Moses Lake Council Packet 1-14-20, Page 121 of 165
The adjustment of 3% used in Table 42 is comparable to what other jurisdictions that do not
have dedicated revenues for fire stations and apparatus have implemented by way of an
adjustment. Table 42 shows the cost per dwelling unit or non-residential square foot from
Table 41, the 3% adjustment, and the impact fee after the adjustment is subtracted from the
full cost.
Table 42: Fire Impact Fees by Land Use
Land Use Total Fire and Medical Cost of Impact Development Credit Adjustment @ 3.00% Fire and Medical Impact Fee Per Unit of Development
Residential-1&2&3 Family Homes $730.20 $21.91 $708.29
Multi-Family Residential Non-Sprinkled (Townhome Design) $730.20 $21.91 $708.29
Multi-Family Residential Sprinkled $730.20 $365.10 $365.10*
Non-Residential Hotel/Motel/Resort $0.75 $0.02 $0.73
Medical Care Facility Hospitals & Clinics $4.59 $0.14 $4.45
Skilled Nursing & LC $7.84 $0.24 $7.60
Commercial:
Office $0.34 $0.01 $0.33
Retail $0.50 $0.02 $0.48
Restaurants $0.46 $0.01 $0.45
Industrial $0.43 $0.22 $0.21*
Institutions:
Churches / non-profit $0.99 $0.03 $0.96
Education $0.56 $0.02 $0.54
*Sprinkled multi-family residential and Industrial have been allowed a 50% credit adjustment
per the Fire Impact Fee focus group.
Moses Lake Council Packet 1-14-20, Page 122 of 165
ORDINANCE NO. 2940
AN ORDINANCE OF THE CITY OF MOSES LAKE,
WASHINGTON, ADOPTING A NEW TITLE 21 TITLED “IMPACT FEES”
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. A new Title 21 of the Moses Lake Municipal Code titled “Impact Fees” is created as
follows:
TITLE 21
IMPACT FEES
Chapters:
21.03 Fire Impact Fees
21.03.010 Title
21.03.020 Purpose and Intent
21.03.040 Findings and Authority
21.03.050 Definitions
21.03.060 Establishment of service area.
21.03.070 Impact fees methodology and applicability
21.03.080 Collection of impact fees.
21.03.090 Exemptions.
21.03.100 Credits for dedications, construction of improvements, and past tax
payments.
21.03.110 Adjustments for future tax payments and other revenue sources.
21.03.120 Appeals.
21.03.130 Establishment of impact fee accounts.
21.03.140 Administrative guidelines.
21.03.150 Refunds and offsets.
21.03.160 Use of impact fees.
21.03.170 Review and adjustment of rates.
21.03.180 Administrative fees.
21.03.190 Existing authority unimpaired.
Moses Lake Council Packet 1-14-20, Page 123 of 165
21.03.010 Title.
This Chapter shall be hereinafter known as “fire impact fees.”
21.03.020 Purpose and Intent.
The purpose and intent of this Section is to authorize the collection of impact fees for fire
protection and to provide for certain other matters in connection therewith.
21.03.030 Findings and Authority.
The Moses Lake City Council (hereinafter referred to as “Council”) hereby finds and determines
that development activities, including but not limited to new residential, commercial, retail,
office, and industrial development in the City of Moses Lake (hereinafter referred to as “City”)
will create additional demand and need for fire protection facilities in the City. Further, the
Council finds that such new growth and development should pay a proportionate share of the
cost of system improvements needed to serve the new growth and development.
In the Rate Study as defined and hereby incorporated by this reference, the City documented
extensive research concerning the procedures for measuring the impact of new developments on
public facilities. In 2019, the Moses Lake Fire Department (MLFD) completed its own Rate
Study for Fire Impact Fees.
This Rate Study utilize methodologies for calculating impact fees that are consistent with the
requirements of RCW 82.02.060(1). A copy of the most current version of the Rate Studies shall
be kept on file by the Moses Lake City Clerk and will be available to the public for review.
Therefore, pursuant to chapter 82.02 RCW, the Council adopts this Section to assess impact fees
for fire protection fees for the Moses Lake Fire Department. The provisions of this Section shall
be liberally construed in order to carry out the purposes of the Council in providing for the
assessment of impact fees.
21.03.040 Definitions.
The words and terms defined below shall have the following meanings for the purposes of this
Section, unless the context clearly requires otherwise. Terms otherwise not defined herein shall
be defined pursuant to RCW 82.02.090 or given their usual and customary meaning.
Moses Lake Council Packet 1-14-20, Page 124 of 165
1. “Administrator” means the Director or designee of the Moses Lake Community Development
Department.
2. “Applicant” for the purposes of this Section includes an entity that controls the applicant, is
controlled by the applicant, or is under common control with the applicant.
3. “Building permit” means an official document or certification which is issued by the City and
which authorizes the construction, alteration, enlargement, conversion, reconstruction,
remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure or
any portions thereof.
4. “Capital facilities plan” means the capital facilities element of the City’s Comprehensive Plan
adopted pursuant to chapter 36.70A RCW and such plan as amended.
5. “City” means the City of Moses Lake.
6. “Council” means the Moses Lake City Council.
7. “Department” means the City’s Community Development Department.
8. “Development activity” means any construction or expansion of a building, structure, or use,
any change in use of a building or structure, or any changes in the use of land that generate the
need for additional public facilities.
9. “Development approval” means any written authorization from the City of Moses Lake which
authorizes the commencement of a development activity.
10. “Elderly” means a person aged sixty two (62) or older.
11. “Encumbered” for fire it means impact fees identified by the department as being committed
as part of the funding for a facility for which the publicly funded share has been assured or
building permits sought or construction contracts let.
12. “Fee payer” is any person, collection of persons, or department or bureau of any
governmental entity or municipal corporation commencing a development activity which creates
the demand for additional system improvements and which requires the issuance of a building
permit or a permit for a change of use. “Fee payer” includes an applicant for an impact fee credit.
Moses Lake Council Packet 1-14-20, Page 125 of 165
13. “Fee Schedule” is the City of Moses Lake Fee Schedule detailing amounts to be paid for
various permits, licenses, etc., that is published, kept on file, and made available to the public on
the City’s website and in the office of the Moses Lake City Clerk.
14. “Fire capital facilities plan” means the Moses Lake Fire Department capital improvement
plan adopted by the City Council that includes the following:
a. An inventory of existing capital facilities and equipment owned by the department,
their locations, and capacities.
b. The identification of the demands projected new development is anticipated to place on
existing fire protection facilities and equipment.
c. A forecast of the capital facilities and equipment necessary to meet the department’s
adopted level of service with the increased demand of new development within the
department.
d. The proposed locations of expanded or new capital facilities and equipment and the
associated timeline for construction or expansion.
e. At least a six (6) year financing component, updated as necessary to maintain at least a
six (6) year forecast period, for financing needed fire protection facilities within projected
funding levels, and identifying sources of financing for such purposes, including bond
issues.
f. Any other long-range projects planned by the department.
15. “Fire protection” shall mean fire protection facilities, including but not limited to fire
stations, fire apparatus, and any furnishings and equipment that can be capitalized.
16. “Hearing Examiner” shall mean that person or persons acting as the Moses Lake Hearing
Examiner.
17. “Impact fee” means a payment of money imposed by the City of Moses Lake on
development activity pursuant to this Section as a condition of granting development approval.
An impact fee does not include a reasonable permit fee, an application fee, the administrative fee
for collecting and handling impact fees, the fee for reviewing independent fee calculations, or the
fee for deferring payment of impact fees.
Moses Lake Council Packet 1-14-20, Page 126 of 165
18. “Impact fee account(s)” means the separate accounting structure(s) within the City’s
established accounts, which structure(s) shall identify separately earmarked funds and which
shall be established for the impact fees that are collected. The account(s) shall be established
pursuant to subsection M of this Section and shall comply with the requirements of RCW
82.02.070.
19. “Independent fee calculation” means the fire impact fee calculation, and/or economic
documentation prepared by a fee payer, to support the assessment of a fire protection impact fee
other than by the use of the rates published in the City’s Fee Schedule, or the calculations
prepared by the department where none of the fee categories or fee amounts in the City’s Fee
Schedule accurately describe or capture the impacts of the development activity on public
facilities.
20. “Owner” means the owner of record of real property, although when real property is being
purchased under a real estate contract, the purchaser shall be considered the owner of the real
property if the contract is recorded.
21. “Permit for change of use or change of use permit” means an official document which is
issued by the City which authorizes a change of use of an existing building or structure or land.
22. “Project improvements” means site improvements and facilities that are planned and
designed to provide service for a particular development project, are necessary for the use and
convenience of the occupants or users of the project, and are not system improvements. No
improvement or facility included in a capital facilities plan adopted by the Council shall be
considered a project improvement.
23. “Public facilities,” for purposes of this Section, means the following capital facilities owned
or operated by the City of Moses Lake, or other governmental entities: fire protection facilities.
24. “Rate Study” means any rate study relating to impact fees for fire protection adopted by the
City of Moses Lake.
25. “System improvements,” for purposes of this Section, means public facilities that are
included in the City of Moses Lake’s capital facilities plan, and such plan as amended, and are
designed to provide service to the community at large, in contrast to project improvements.
21.03.050 Establishment of service area.
Moses Lake Council Packet 1-14-20, Page 127 of 165
1. The City hereby establishes, as the service area for impact fees, the City of Moses Lake,
including all property located within the corporate City limits.
2. The scope of the service area is hereby found to be reasonable and established on the basis of
sound planning and engineering principles, and consistent with RCW 82.02.060 as described in
the Rate Study.
21.03.060 Impact fees methodology and applicability.
The fire impact fees in the fee schedule are generated from the formulae for calculating impact
fees set forth in the applicable fire capital facilities plans as may be further set forth in a Rate
Study. Except as otherwise provided for independent fee calculations in subsection H of this
Section, exemptions in subsection I of this Section, and credits in subsection J of this Section, all
new development activity in the City will be charged impact fees applicable to the type of
development listed in the City of Moses Lake Fee Schedule.
21.03.070 Collection of impact fees.
1. Fire Impact Fees:
a. Applicability: The City shall collect impact fees, based on the rates in the City of
Moses Lake Fee Schedule, from any applicant seeking development approval from the
City for any development activity within the City, when such development activity
requires the issuance of a building permit or a permit for a change in use, and creates a
demand for additional public facilities.
b. Fire Impact Fee Basis and Amount: The maximum allowable fees shall be based on
the fire capital facilities plan and the rate study developed by the Department, approved
by the council, and adopted by the City as part of the capital facilities element of the
City’s Comprehensive Plan and as a fire impact fee Rate Study. The rates to be charged
are listed in the City of Moses Lake Fee Schedule.
2. Changes in Use or Tenancy: When an impact fee applies to a change of use permit, the
impact fee shall be the applicable impact fee for the land use category of the new use, less any
impact fee previously paid for the land use category of the prior use. For purposes of this
provision, a change of use should be reviewed based on the land use category provided in the
Rate Study that best captures the broader use of the property under development. Changes in use
or tenancy, if consistent with the general character of the building or building aggregations (i.e.,
Moses Lake Council Packet 1-14-20, Page 128 of 165
“industrial park,” or “specialty retail”) should not be considered a change in use that is subject to
an impact fee. Further, minor changes in tenancies that are consistent with the general character
of the included structure, building, or previous use should not be considered changes in use
subject to an impact fee. If no impact fee was paid for the prior use, the impact fee for the new
use shall be reduced by an amount equal to the current impact fee rate for the prior use. Vacant
buildings shall be assessed as if in the most recent legally established use as shown on a locally
owned business license or development permit documents.
3. Mixed Use: For mixed use developments, impact fees shall be imposed for the proportionate
share of each land use, based on the applicable measurement in the impact fee rates in the City of
Moses Lake Fee Schedule.
4. Timing of Assessment and Collection: Impact fees shall be determined at the time the
complete application for a building permit or a permit for a change in use is submitted using the
impact fees then in effect. Impact fees shall be due and payable before the building permit or
permit for a change of use is issued by the City.
5. Documentation of Credit Required: Fee payers allowed credits prior to the submittal of the
complete building permit application or an application for a permit for a change of use shall
submit, along with the complete application, a copy of the letter prepared by the Administrator,
or Fire Department official setting forth the dollar amount of the credit allowed. Impact fees, as
determined after the application of any credits, shall be collected from the fee payer no later than
the time a building permit or permit for a change of use is issued.
6. Deferral for Subdivisions, Short Subdivisions, and Planned Unit Developments: An
applicant for residential subdivision, short subdivision, or planned unit development may defer
payment of impact fees for all of the dwelling units to be created in the development until the
earlier of the time of closing of the first sale of a single detached dwelling unit, condominium
unit, or a multi-family residential building or eighteen (18) months after the issuance of the
original building permit, but only if before recording the subdivision or short subdivision, the
applicant:
a. Submits to the Administrator a signed and notarized deferred impact fee application
and acknowledgement form, which includes the legal description, tax account number,
and address of each individual in the development;
b. Records at the applicant’s expense a covenant and lien that complies with the
requirements of subsections (G)(7)(b)(i) through (vii) of this Section; and
Moses Lake Council Packet 1-14-20, Page 129 of 165
c. Pays the applicable nonrefundable administrative fee.
7. Deferral for Single Family, Condominium, and Multi-Family Dwellings: A building
permit applicant may defer payment of impact fees for a single detached dwelling unit,
condominium unit, or all of the dwelling units in a multi-family residential building until the
earlier of the time of closing of the first sale of a single detached dwelling unit, a condominium
unit or a multi-family residential building or eighteen (18) months after issuance of the original
building permit, but only if before issuance of the building permit, the applicant:
a. Submits to the Administrator a signed and notarized deferred impact fee application
and acknowledgement form for each single detached dwelling unit, condominium unit or
all of the dwelling units in a multi-family residential building for which the applicant
wishes to defer payment of the impact fees; and
b. Records at the applicant’s expense a covenant and lien in the amount of the deferred
impact fee(s) and that includes the legal description, tax account number, and address of
the property that:
i. Requires payment of the impact fees to the City at the earlier of the time of
closing of the first sale or eighteen (18) months after issuance of the original
building permit; and
ii. Provides that if the impact fees are paid through escrow at closing of sale, in
the absence of an agreement between the buyer and the seller to the contrary, the
impact fees shall be paid from the seller’s proceeds; and
iii. Provides that the seller bears strict liability for the payment of the impact fees;
and
iv. Requires the seller or seller’s agent of property subject to the covenant and lien
to provide written disclosure of the covenant and lien to a purchaser or
prospective purchaser. Disclosure of the covenant must include the amount of
impact fees payable and that the fees are to be paid to the City no later than the
closing date; and
v. Makes the applicant legally liable for payment of the impact fees if the fees are
not paid by the earlier of the time of closing of the first sale or eighteen (18)
months after the building permit has been issued; and
Moses Lake Council Packet 1-14-20, Page 130 of 165
vi. Is signed by all owners of the property as listed on a current title report, with
all signatures acknowledged as required for a deed; and
vii. Is junior and subordinate to one mortgage for the purpose of construction
upon the same real property granted by the person who applied for the deferral of
impact fees.
8. Payment Methods: Payment of impact fees deferred under this subsection shall be made by
cash, escrow company check, cashier’s check or certified check.
9. Lien Release: Upon receipt of payment of impact fees deferred under this subsection, the City
shall execute a lien release for each single detached dwelling unit, condominium unit, or multi-
family residential building for which the impact fees have been received. The property owner at
the time of the release shall be responsible for recording the lien release.
10. Foreclosure by City: If impact fees are not paid, in accordance with the provisions of this
subsection, the City may institute foreclosure proceedings in accordance with chapter 61.12
RCW.
11. Required Prior to Building Permit Issuance: The Department shall not issue the required
building permit or the permit for the change of use until the impact fees have been paid or the
signed and notarized deferred impact fee application and acknowledgement form and deferral fee
have been received and accepted by the City. Impact fees may be paid under protest to obtain a
building permit or other approval or permit.
12. Number of Deferrals Limited: Each applicant for a single family building permit, in
accordance with his or her contractor registration number or other unique identification number,
is entitled to annually receive deferrals under this subsection for the first twenty (20) single
family building permits issued by the City to that applicant.
21.03.080 Independent fee calculations.
1. Calculations by City: If, in the judgment of the Administrator, none of the fee categories or
fee amounts set forth in the City of Moses Lake Fee Schedule accurately describes or captures
the impacts of a new development on public facilities, the Department may conduct independent
fee calculations and the Administrator may impose alternative fees on a specific development
based on those calculations. The alternative fees and the calculations shall be set forth in writing
and shall be mailed to the fee payer.
Moses Lake Council Packet 1-14-20, Page 131 of 165
2. Calculations by Fee payer: A fee payer may opt not to have the impact fees determined
according to the fee structure in the City of Moses Lake Fee Schedule, in which case the fee
payer shall prepare and submit to the Administrator, the Fire Department, as applicable, an
independent fee calculation for the development activity for which a building permit is being
sought. The documentation submitted shall show the basis upon which the independent fee
calculation was made. An independent fee calculation shall use the same methodology used to
establish fire impact fees by fire incident rates for fire impact fees.
3. Consideration and Review: There is a rebuttable presumption that the calculations set forth
in the Rate Studies and Capital Facilities Plans and the data used by the City and Fire
Department are valid.
a. Fire Impact Fees: The City may adjust the amount of the impact fee assessed if
appropriate and lawful, as demonstrated by the fee payer to the City’s satisfaction.
4. Adjustment from Maximum Amount: Alternative impact fees calculated pursuant to this
subsection shall be reduced in the same manner and to the same extent that the impact fees in the
City of Moses Lake Fee Schedule are reduced from the maximum allowable impact fees in the
Rate Study.
5. Appeals: Determinations made by the Administrator pursuant to this Section may be appealed
to the office of the Hearing Examiner under the procedures set forth in subsection L of this
Section.
21.03.090 Exemptions.
1. Fire Impact Fees: Except as provided for below, the following shall be exempted from the
payment of all fire impact fees:
a. Alteration or replacement of an existing residential structure that does not create an
additional dwelling unit or change the type of dwelling unit.
b. Alteration or replacement of an existing nonresidential structure that does not expand
the usable space or change the existing land use.
c. Miscellaneous improvements which do not generate increased need for public
facilities, including, but not limited to, fences, walls, residential swimming pools, and
signs.
Moses Lake Council Packet 1-14-20, Page 132 of 165
d. Demolition or moving of a structure.
e. Projects that have undergone prior State Environmental Policy Act (SEPA) review and
received a final decision that includes mitigation requirements on the condition that the
SEPA mitigation obligation has or will be fulfilled by the time the impact fees, if
applicable, would be due.
2. Authority: The Administrator shall be authorized to determine whether a particular
development activity falls within an exemption identified in this Section. The Administrator’s
determinations shall be in writing and shall be subject to the appeals procedures set forth in
subsection L of this Section.
21.03.100 Credits for dedications, construction of improvements, and past tax payments.
1. Criteria for Award of Credits: A fee payer may request that a credit or credits for impact
fees be awarded to him/her for the total value of system improvements, including dedications of
land and improvements, and/or construction provided by the fee payer. Credits will be given only
if the land, improvements, and/or the facility constructed are:
a. Included within the capital facilities plan or would serve the goals and objectives of the
capital facilities plan;
b. Determined by the City to be at suitable sites and constructed at acceptable quality;
c. Serve to offset impacts of the fee payer’s development activity; and
2. Authority and Process:
a. The Administrator shall determine if requests for credits meet the criteria in subsection
J1 of this Section or other applicable law. The determinations shall be in writing, and any
determination by the Administrator shall be subject to the appeals procedure set forth in
subsection L of this Section.
b. For each request for a credit or credits for fire impact fees, the Administrator shall
select an appraiser from a list of independent appraisers to determine for the City the
value of the dedicated land, improvements, or construction provided by the developer on
a case-by-case basis.
Moses Lake Council Packet 1-14-20, Page 133 of 165
c. Unless approved otherwise, the appraiser must be a member of the American Institute
of Appraisers and be licensed in good standing pursuant to chapter 18.40 RCW et seq. in
the category for the property or improvement to be appraised, and shall not have a
fiduciary or personal interest in the property being appraised.
d. The Administrator will accept or reject the appraisal, and any decision by the
Administrator may be subject to independent review by the Hearing Examiner.
e. The payer shall pay the actual costs for the appraisal and an independent review, if
required, unless the Administrator determines that payment for independent review
should not be at the fee payer’s expense.
f. After considering the appraisal and the review, the Administrator shall provide the
applicant with a written determination setting forth the dollar amount of any credit, the
reason for the credit, the legal description of the real property dedicated where applicable,
and the legal description or other adequate description of the project or development to
which the credit may be applied. The fee payer must sign and date a duplicate copy of
such determination accepting the terms of the letter or certificate, and return such signed
document to the Administrator before the impact fee credit will be awarded. The failure
of the fee payer to sign, date, and return such document within sixty (60) calendar days of
the date of the determination shall nullify the credit.
g. No credit shall be given for project improvements.
3. Past Tax Payments: A fee payer may request a credit or credits for impact fees previously
awarded for past tax payments. The Administrator shall determine the amount of credits, if any,
for past tax payments for system improvements.
4. Appeals: The Administrator’s determinations pursuant to this Section shall be subject to the
appeals procedures set forth in subsection L of this Section.
21.03.110 Adjustments for future tax payments and other revenue sources.
Pursuant to and consistent with the requirements of RCW 82.02.060 the Rate Studies have
provided adjustments for future taxes to be paid by the development activity which are
earmarked or prorated according to the same new public facilities which will serve the new
development. The impact fees in the City of Moses Lake Fee Schedule have been reasonably
Moses Lake Council Packet 1-14-20, Page 134 of 165
adjusted for taxes and other revenue sources which are anticipated to be available to fund public
improvements.
21.03.120 Appeals.
1. Process: Appeals to the Hearing Examiner shall be taken in accord with the processes set
forth in MLMC 18.80.
2. Authority: The Hearing Examiner is authorized to make findings of fact regarding the
applicability of the impact fees to a given development activity, the availability or amount of the
credit, or the accuracy or applicability of an independent fee calculation. There is a presumption
of validity of the Administrator’s determination. The fee payer has the burden of proof during
any appeal of the Administrator’s determination or decision.
3. Decisions: The Hearing Examiner may, so long as such action is in conformance with the
provisions of this Section, reverse, affirm, modify or remand, in whole or in part, the
Administrator’s determinations with respect to the amount of the impact fees imposed or the
credit awarded.
21.03.130 Establishment of impact fee accounts.
1. Fee Accounts: The City shall establish the following separate impact fee accounts for the
impact fees collected pursuant to this Section: Moses Lake Fire Department. Funds withdrawn
from the accounts must be used in accordance with the provisions of this Section and applicable
State law. Interest earned on the fees shall be retained in the accounts and expended for the
purposes for which the impact fees were collected. Impact fee receipts shall be earmarked
specifically and deposited in the appropriate interest-bearing impact fee accounts.
2. Fire Fees Encumbered: Fire impact fees shall be expended or encumbered within ten (10)
years of receipt, unless the Council identifies in written findings extraordinary and compelling
reasons for the City to hold the fees beyond the ten (10) year period, pursuant to RCW
82.02.070(3).
21.03.140 Administrative guidelines.
The Administrator is authorized to adopt internal guidelines for the administration of impact
fees, which may include the adoption of procedural rules to clarify or further the procedural rules
set forth in this Section.
Moses Lake Council Packet 1-14-20, Page 135 of 165
21.03.150 Refunds and offsets.
1. Failure to Expend or Encumber: If there is a failure by the City to expend or encumber the
respective impact fees unless extraordinary or compelling reasons are established pursuant to
subsection M of this Section the current owner of the property on which impact fees have been
paid may receive a refund of such fees. In determining whether impact fees have been expended
or encumbered, impact fees shall be considered expended or encumbered on a first in, first out
basis. Potential claimants shall be notified by first-class mail deposited with the United States
Postal Service at the last known address of such claimants. A potential claimant must be the
current owner of record of the real property against which the impact fees were assessed. The
City shall notify potential fire impact fee claimants.
a. Fire impact fees are eligible for a refund if they have not been expended or
encumbered by the City within ten (10) years of the date the fees were paid.
2. Timing of Request: Owners seeking a refund of impact fees must submit a written request for
a refund of the fees to the Administrator within one year of the date the right to claim the refund
arises or the date that notice is given, whichever is later.
3. Fees Not Refunded: Any impact fees for which no application for a refund has been made
within this one-year period shall be retained by the City and expended on the system
improvements for which they were collected.
4. Interest Earned: Refunds of impact fees under this subsection shall include any interest
earned on the impact fees by the City.
5. Termination of Program: When the City seeks to terminate any or all components of the
impact fee program, all unexpended or unencumbered funds from any terminated component or
components, including interest earned and including any fire impact fees held by the City, shall
be refunded pursuant to this Section. Upon the finding that any or all fee requirements are to be
terminated, the City shall place notice of such termination and the availability of refunds in a
newspaper of general circulation at least two (2) times and shall notify all potential claimants by
first-class mail at the last known address of the claimants. All funds available for refund shall be
retained for a period of one year. At the end of one year, any remaining funds shall be retained
by the City, but must be expended for the public facilities for which the impact fees were
collected. This notice requirement shall not apply if there are no unexpended or unencumbered
balances within the account or accounts being terminated.
Moses Lake Council Packet 1-14-20, Page 136 of 165
6. Refunds and Offsets for Development Not Constructed: The City shall also refund to the
current owner of property for which impact fees have been paid all impact fees paid, including
interest earned on the impact fees, if the development activity for which the impact fees were
imposed did not occur; provided, however, that, if the City has expended or encumbered the
impact fees in good faith prior to the application for a refund, the Administrator may decline to
provide the refund. If, within a period of three (3) years, the same or subsequent owner of the
property proceeds with the same or substantially similar development activity, the owner can
petition the Administrator for an offset in the amount of the fee originally paid and not refunded.
The petitioner must provide receipts of impact fees previously paid for a development activity of
the same or substantially similar nature on the same real property or some portion thereof. The
Administrator’s determinations shall be in writing and shall be subject to the appeals procedures
set forth in subsection L of this Section.
21.03.160 Use of impact fees.
1. Pursuant to this Section, impact fees:
a. Shall be used for system improvements that will reasonably benefit the new
development activity;
b. Shall not be imposed to make up for deficiencies in public facilities; and
c. Shall not be used for maintenance or operation.
2. Fire impact fees:
a. May be spent for fire protection facilities as herein defined and, including, but not
limited to, planning, land acquisition, right-of-way acquisition, site improvements,
necessary off-site improvements, construction, engineering, architectural, permitting,
financing, and administrative expenses, applicable impact fees or mitigation costs, and
any other expenses which can be capitalized.
b. May also be used to recoup system improvement costs previously incurred by the City
to the extent that new growth and development will be served by the previously
constructed improvements or incurred costs.
3. Debt Service: In the event that bonds or similar debt instruments are or have been issued for
the advanced provision of system improvements for which impact fees may be expended, such
impact fees may be used to pay debt service on such bonds or similar debt instruments to the
Moses Lake Council Packet 1-14-20, Page 137 of 165
extent that the facilities or improvements provided are consistent with the requirements of this
Section.
21.03.170 Review and adjustment of rates.
1. Fire Impact Fees:
The fees and rates set forth in the Rate Study may be reviewed and updated by the
Council as it deems necessary and appropriate in conjunction with the budget process so
that adjustments, if any, will be effective at the first of the calendar year subsequent to
budget period under review.
21.03.180 Administrative fees.
1. Deferred Fees: Each application for a deferral of payment of residential impact fees, either
under subsection G7 of this Section, shall pay a nonrefundable administrative deferral fee of
eighty five dollars ($85.00) for each lot, single detached dwelling unit, or condominium unit and
eighty five dollars ($85.00) for each multi-family residential building. The fee shall be paid at
the time the application for deferral is submitted to the City.
2. Independent Fee Calculations: Any fee payer submitting an independent fee calculation
shall pay a fee to cover the cost of reviewing the independent fee calculation. The fee shall be
five hundred dollars ($500.00), unless otherwise established by the Administrator and shall be
paid by the fee payer at submittal of the independent fee calculation.
3. Appeals: Any fee payer filing an appeal of impact fees shall pay the fee set by the City for
appeals of administrative interpretations and decision. The appeal fee shall be paid at the time of
filing of the appeal.
4. Account Established: Administrative fees shall be deposited into a separate administrative
fee account within the impact fee account(s). Administrative fees shall be used to defray the
actual costs associated with the assessment, collection, administration and update of the impact
fees.
5. Refunds, Waivers, and Credits: Administrative fees shall not be refundable, shall not be
waived, and shall not be credited against the impact fees.
21.03.190 Existing authority unimpaired.
Moses Lake Council Packet 1-14-20, Page 138 of 165
Nothing in this Section shall preclude the City from requiring the fee payer or the proponent of a
development activity to mitigate adverse environmental impacts of a specific development
pursuant to SEPA, chapter 43.21C RCW, based on the environmental documents accompanying
the underlying development approval process, and/or chapter 58.17 RCW, governing plats and
subdivisions.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and
publication of its summary as provided by law.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on January
14, 2019.
_____________________________________
Mayor
ATTEST:
_______________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
_______________________________________
Katherine L. Kenison, City Attorney
Vote: Riggs Liebrecht Myers Jackson Curnel Eck Hankins
Aye
Nay Abstain
Absent
Date Published: January 20, 2020
Date Effective: January 25, 2020
Moses Lake Council Packet 1-14-20, Page 139 of 165
RESOLUTION NO. 3790 A RESOLUTION ESTABLISHING THE FEE SCHEDULE FOR FIRE IMPACT FEES RECITALS: 1. The study for the development of Fire Impact Fees has been completed. 2. This study was conducted in accordance with RCW 82.02.090(7) and it was based upon the various land use categories within the City. 3. The City Council has adopted Fire Impact Fees through ordinance. RESOLVED: 1. Pursuant to Ordinance No. 2940 and MLMC Title 21, the Moses Lake City Council establishes the Moses Lake Fire Impact Fee Schedule as follows. Type of Development Unit Fee Single and two family residential Dwelling Unit $708.29 Multi-Family Non-Sprinkled Dwelling Unit $708.29 Multi-Family Sprinkled Dwelling Unit $365.10 Hospitals and Clinics Square Foot $4.45 Skilled Nursing and Licensed Care Facilities Square Foot $7.60
Hotel-Motel Square Foot $0.73
Office Square Foot $0.33
Retail Square Foot $0.48
Industrial Square Foot $0.22
Restaurant Square Foot $0.45
Churches Square Foot $0.96
Education Square Foot $0.54
2. The Fire Impact Fee Schedule is established in accordance with RCW 82.02.090. 3. This Moses Lake Fire Impact Fee Schedule will be included in the City Fee Schedule pursuant to Ordinance No. 2940 and MLMC Title 21. Adopted by the City Council on January 14, 2020. _____________________________________ ATTEST: Mayor ______________________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 1-14-20, Page 140 of 165
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Moses Lake Council Packet 1-14-20, Page 141 of 165
STAFF REPORT
To: City Council
From: Kevin Fuhr, Interim City Manager
Date: January 8, 2019
Proceeding Type: Old Business
Subject: Airport Lease
Legislative History:
• First Presentation: December 19, 2019
• Second Presentation: January 14, 2020
• Action: Motion
Staff Report Summary
Attached is the revised airport lease that was created through the airport lease sub-committee
and which was reviewed and discussed by the Council on December 19. Staff was directed to
contact the City’s airport insurance carrier to inquire about the automobile and hangar-keepers
insurance provisions. Staff has contacted the insurer and has incorporated the insurer’s
recommendations in the attached final draft agreement, along with the final revisions as directed
by the Council.
Final Revisions
Both a redlined version and clean version are attached showing the final revisions to the
agreement. Pursuant to the insurer’s recommendations, the automobile coverage has been
reduced to the State minimums and the hangar-keepers liability coverage has been eliminated
based upon the City’s existing insurance coverage, which includes $1M of hangar-keepers
coverage. The dates have been updated, clarification has been made to section 20, and an
extension of time for removal of improvements has been incorporated into section 31.
Staff Recommendation
Staff Recommends Council approve the final, revised agreement.
Attachments
A. Airport lease both clean and marked up versions
Legal Review – Documents drafted by City Attorney
Moses Lake Council Packet 1-14-20, Page 142 of 165
AGREEMENT FOR LEASE OF SPACE ON THE MOSES LAKE MUNICIPAL AIRPORT This agreement is made and entered into on January 1, 2018 by and between the City of Moses Lake, a Washington non-charter code city hereinafter referred to as "Lessor", and «First_Name», hereinafter referred to as "Lessee".
WHEREAS, the Lessor is in possession of an airport commonly known as "Moses Lake Municipal Airport", and WHEREAS, the Lessee is desirous of leasing property on a portion of the airport;
NOW, THEREFORE, the parties hereto enter into the following agreement for the rental of property for use as an aircraft hangar, or other appropriate uses as allowed by the City of Moses Lake. 1. Designation of Property: The Lessor hereby leases to the Lessee Parcel [insert] at the Moses Lake Municipal Airport as designated on Municipal Tract #12, Lot 2 Commercial Binding Site Plan, recorded January 27, 1999 (the “Premises”).
2. Term: The term of this agreement shall be from January 1, 2020 to and including December 31, 2039. Lessee shall have the option to renew the agreement for an additional twenty (20) year term provided Lessee shall give Lessor 180 day’s prior written notice of its intent to renew. Any renewal shall be on the same terms and conditions with the exception of the rental amount which shall be subject to renegotiation pursuant to Section 4, below.
3. Use: The leased property is to be used for the purposes as designated by the City of Moses Lake and as are consistent with the Moses Lake Municipal Code section 18.35.020. The primary use of the property shall be for aviation uses. The Lessee shall not use the said Premises in such a manner to interfere with the rights of other airport users or the Lessor. The Lessee shall not use said Premises in any illegal manner. Any storage of household items, boats, trailers, RV’s,
vehicles, and other non-aviation related items shall be permitted only in conjunction with, and secondary to, the primary aviation use. All use of the property must comply with any rules of the Airport Commission. 4. Cost of Space and Utilities: Beginning January 1, 2020 the cost for leasing the property shall be 6.2 cents ($.062) per square foot per year for commercial properties and 11.3 cents ($.113) per
square foot per year for non-commercial properties. Non-commercial property shall be increased by fifty percent (50%) for hangars with doors at one side to take into account the movement area outside the hangar and by one hundred percent (100%) for hangars with doors at both sides to take into account the movement area outside the hangar. Properties are designated commercial or non-commercial pursuant to the recommendation of the Moses Lake Airport Advisory Board. The lease rate shall be increased annually by the September to September West Coast-B/C All Urban Consumer Price Index as reported by the U. S. Department of Labor. Payment shall be made to the Lessor by the Lessee pursuant to the option selected by Lessee below: ﬦ in full on or before January 31st of each year, or ﬦ paid one-half on or before January 31st and one-half on or before July 31st of each year (Lessee shall initial his/her selection) Pursuant to RCW 14.08.120 as now enacted or as amended, Lessor and Lessee shall review the rental amount at the expiration of the initial ten (10) year term and every five years thereafter in order to adjust the rental amount at the commencement of each new five year period. If the parties fail to agree on the rental amount for the five year period, they shall submit the matter to arbitration pursuant to the procedure in RCW 14.08.120.
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Lessee shall make all arrangements for and pay for all utilities and services furnished to or used by it, including without limitation, gas, electricity, water, telephone service, janitorial service, snow removal, and trash collection, and for all connection charges. 5. Alterations and Improvements: Lessee shall not make any alterations or improvements to the Premises without Lessor’s written consent. Prior to commencement of any work, Lessee shall pay
the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work. The Lessee shall be responsible for any charges attributable to improvements on the leased property assessed by any governmental agency or private party including, but not limited to, all utility connection fees, hook up and utility system development charges and fees, electrical
connection charges and fees, etc. Additionally, the Lessee shall pay all such charges previously assessed against the property which are due and outstanding at the time this lease is executed. If Lessee makes any alterations or improvements to the Premises as provided in this paragraph, the alterations or improvements shall not be commenced until ten (10) days after Lessor has received notice from Lessee stating the date the installation of the alterations or improvements is
to commence so that Lessor can post and record an appropriate notice of non-responsibility if it so elects. Lessee shall pay all costs for construction done by it or caused to be done by it on the Premises as permitted by this Lease Agreement. Lessee shall keep the Premises free and clear of all mechanic’s and/or materialmen’s liens resulting from any construction done by or for
Lessee.
At the termination of this agreement, the Lessee shall have the option of either removing the improvements placed on said ground space within ninety (90) days of the date of termination, or with the consent of the Lessor leave the improvements for the ownership and use of the Lessor. If the Lessor refuses to acquire ownership of the improvements the Lessee will be responsible for
removal of all improvements or remnants thereof and the clean-up of the property prior to release from this agreement.
Lessee shall at all times during this Lease maintain property insurance at its sole cost and in such
amounts and coverages as determined adequate by Lessor for all improvements on the Premises in order to protect such improvements from hazards such as fire, casualty, vandalism, and other
damages.
6. Construction: Prior to construction of any structures, additions, improvements, or major modifications, plans must be presented to the Airport Commission for its suggestions and review and then to the Building Division of the City of Moses Lake for its approval and granting of a building permit. The cost of construction shall be the responsibility of the Lessee. Lessee shall complete building projects within one hundred twenty (120) days. Construction shall be in a neat and orderly manner and shall in no way hinder on-going aircraft operations or interfere with other airport users. Prior to an occupancy permit being issued, all debris and material shall be removed from the Premises. 7. Sublease and Assignment: This Lease is personal to the Lessee and Lessee covenants and agrees not to assign this Lease, or any interest therein, and not to sublet the Leased Premises or any part thereof, without first obtaining written consent from Lessor. Lessor’s consent shall not be unreasonably withheld, but consideration will be given to the financial status, reputation, and compatibility of the proposed assignee/sub lessee. Any proposed or existing assignment or sublease shall be subject to all provisions of this Lease, including this assignment/subletting restriction and the use restrictions of the Premises, and the Lessee will remain liable under the terms of this Lease during the term of any sublease. Upon the occurrence of an event of default, if the Premises or any part thereof are then assigned or sublet, Lessor, in addition to any other remedies herein provided or provided by law, may at its option collect directly from such assignee or sub lessee all rents becoming due to Lessee under such assignment, transfer, or sublease and apply such rent against any sums due to Lessor from Lessee hereunder, and no such collection
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shall be construed to constitute a novation or a release of Lessee from the further performance of Lessee’s obligations hereunder. 8. Safety and Health Regulations: It is the agreement and understanding of both parties that Lessee shall have the sole and complete responsibility for ensuring a safe work place and compliance with all applicable health and safety regulations, whether state or federal.
9. Indemnification and Hold Harmless: The Lessor shall not be liable to the Lessee, or to any person or persons whomsoever, for any damage to the property for injury to or death of any person arising out of or in any way connected with the possession, maintenance, or operation of said Premises, improvements or equipment by the Lessee. Lessee shall defend, indemnify, and hold harmless the Lessor, its officers, officials, employees and volunteers from and against any
and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee’s use of Premises, or from the conduct of Lessee’s business, or from any activity, work or thing done, permitted, or suffered by Lessee in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the Lessor. It is further specifically and expressly understood that the indemnification provided herein constitutes the Lessee's waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
10. Insurance:
A. Insurance Term: The Lessee shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee’s operation and use of the leased
Premises.
B. No Limitation: Lessee’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such
insurance, or otherwise limit the Lessor’s recourse to any remedy available at law or in equity.
C. Minimum Scope of Insurance: Lessee shall obtain insurance of the types and coverage
described below:
1. Comprehensive General Liability insurance for commercial operators shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The Lessor shall be named as an additional insured on Lessee’s Comprehensive General Liability insurance policy
using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing at least as broad coverage. Private
operators are required to obtain aircraft insurance including aircraft liability insurance covering injury and property damage to third parties arising out of the
ownership, operation, or maintenance of aircraft on Lessor’s property in a form satisfactory to the Lessor.
2. Property insurance shall be written on an all risk basis. 3. Automobile liability
D. Minimum Amounts of Insurance: Lessee shall maintain the following insurance limits:
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1. Comprehensive General Liability insurance and aircraft and aircraft liability insurance shall be written with limits no less than $1,000,000 each occurrence with aircraft exclusions deleted. 2. Property insurance shall be written covering the full value of Lessee’s property and improvements with no coinsurance provisions.
3. Automobile liability with limits no less than the minimum limits required by the State of Washington. E. Other Insurance Provisions: The Lessee’s Comprehensive General Liability or aircraft and aircraft liability insurance policy or policies are to contain, or be endorsed to contain
that they shall be primary insurance as respect the Lessor. Any Insurance, self-insurance, or self-insured pool coverage maintained by the Lessor shall be excess of the Lessee’s insurance and shall not contribute with it. Lessee’s insurance policy or policies shall not include any other entity or party as a named insured other than Lessee and the
Lessor as an additional insured.
F. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. G. Verification of Coverage: Lessee shall furnish the Lessor with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee.
The parties recognize the inherent risks of aviation related uses and operations on airports and, accordingly, the Lessor’s liability exposure as property owner and landlord.
Therefore, it is expressly understood and agreed that Lessee shall deliver the original certificates and a copy of the amendatory endorsements, including the additional insured
endorsement, to Lessor evidencing all required insurance coverage; failure to provide Lessor with such documentation shall constitute a material breach of this Lease for which
Lessor may terminate this Lease as provided for herein. Such documentation shall be provided to Lessor within ten (10) days of the execution of the Agreement and within
thirty (30) days of the beginning of each consecutive year.
H. Waiver of Subrogation: Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by
property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance.
I. Lessee’s Property Insurance: Lessee shall purchase and maintain during the term of the
lease all-risk property insurance covering the Building for its full replacement value without any coinsurance provisions.
J. Notice of Cancellation: The insurance policies shall contain a clause prohibiting
cancellation or termination of the policies without first giving ten (10) days’ prior written notice of such cancellation or termination to the Lessor
K. Failure to Maintain Insurance: Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five (5) business days’ notice to the Lessee to correct the breach, terminate the
Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor
on demand. L. Lessor Full Availability of Lessee Limits: If the Lessee maintains higher insurance limits than the minimums shown above, the Lessor shall be insured for the full available limits
of Comprehensive General and Excess or Umbrella liability maintained by the Lessee,
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irrespective of whether such limits maintained by the Lessee are greater than those required by this contract or whether any certificate of insurance furnished to the Lessor evidences limits of liability lower than those maintained by the Lessee. 11. Taxes and Licenses: The Lessee shall pay, before their respective due dates, all taxes, fees, assessments and/or licenses which may be assessed against the improvements placed on the
ground space, or be payable by reason of the use and occupancy of said space by the Lessee. Lessee shall be liable for, and shall pay throughout the term of this Lease Agreement any leasehold tax assessed by the State of Washington (which is currently 12.84%) in lieu of property tax, to be paid concurrently with annual rent during the term of said Lease Agreement. 12. Laws: The Lessee agrees to conform to any and all rules and regulations adopted by the City,
the state, or the Federal Aviation Administration relative to operation and control of space at the Moses Lake Municipal Airport. Upon a written request by Lessor, Lessee will verify, within a reasonable time frame, compliance with any rules, laws, regulations or other applicable requirements. Lessee shall not delegate or contract away any of these responsibilities. 13. Inspection: The Lessor shall have the right to inspect the interior of any building, at any
reasonable time upon notice and request made to the Lessee. 14. Maintenance: Lessee covenants and agrees to maintain, at its cost, the Premises and any improvements in good condition throughout the term of this Lease Agreement. Lessor shall have no further responsibility to maintain the Premises. Lessee shall be responsible for weed control, snow removal, and normal maintenance including janitorial services. Lessee shall further be
responsible to keep and maintain the sewer system servicing the building in good working order and free from any blockage or obstructions. Lessor shall not be responsible for any damages to the Premises caused by vandalism, malicious mischief, or theft by third parties. Securing the Premises shall be the responsibility of the Lessee. 15. Access Rights: The Lessee is given the right of ingress and egress of ground vehicles between
the leased property and public road via designated roadways on the airport but not on the airport taxiways. The Lessee is given the right of aircraft movement to or from the runway via airport taxiways. 16. Flammable Material Storage: The Lessee shall not store any flammable materials except:
A. Those in the fuel or lubrication system of a motorized device stored on the grounds. B. Unless the storage device is approved by current regulations or has been in continuous use since being established under those regulations in effect at the time of installation. C. A reasonable amount of petroleum products for personal use, except for the Lessees of commercial lots. In addition to storing a reasonable amount of petroleum products for personal use, commercial lot Lessees may store petroleum products for sale so long as the storage facilities have been approved by the City Manager and all other applicable permits have been applied for and received.
17. Risk of Loss: The Lessor shall never be responsible for loss of improvements placed on the Premises by the Lessee or the loss, damage, or destruction of aircraft or other property stored on the Premises except as a direct result of the negligence of the Lessor or its employees. 18. Events of Default: The occurrence of any one of the following events shall constitute a material breach and default under this Lease by Lessee: A. Lessee shall have failed to pay an installment of rent or any other amount payable hereunder when due, where such failure shall continue for a period of ten (10) days after written notice from Lessor to Lessee notifying Lessee of its failure to pay such amounts.
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B. Lessee shall have failed to execute and deliver such documents as required by Section 6 and within the time periods specified, where such failure shall continue for a period of three (3) business days after written notice thereof from Lessor. C. There shall be a default of any condition, covenant, agreement or other obligation on the
part of Lessee (other than those defaults as described in subsections (a) and (b) hereof) to be kept, observed or performed hereunder, and such default shall be continuing for a period of more than thirty (30) days after written notice by Lessor to Lessee specifying the default and requiring that it discontinue. D. If Lessee fails to comply with the requirements for insurance pursuant to Section 10
hereof or, if any policy of insurance upon the Property or any part thereof from time to time carried by Lessor shall be cancelled or about to be cancelled by the insurer by reason of the use or occupation of the Premises by Lessee or any of Lessee's Employees, or anyone permitted by Lessee or such other parties to be upon the
Premises and Lessee after receipt of notice in writing from Lessor shall have failed to take such immediate steps as shall enable Lessor to reinstate or avoid cancellation (as
the case may be) of such policy of insurance. E. The Premises shall, without the prior written consent of Lessor, be used (i) by any persons other than Lessee or its permitted assigns or sub lessees (ii) for any purpose
other than that for which they were leased or occupied, or (iii) by any persons whose occupancy is prohibited by this Lease.
F. The Premises shall be vacated or abandoned, or remain unoccupied without the prior
written consent of Lessor, for sixty (60) or more consecutive days while capable of being occupied.
G. The balance of the Term of this Lease or any of the goods and chattels of Lessee located
in the Premises shall at any time be seized in execution pursuant to a non-appealable judgment.
H. Lessee commences any bankruptcy, reorganization or insolvency proceeding, or other
proceeding under any federal, state or other law for the relief of debtors.
I. Lessee fails to obtain the dismissal, within ninety (90) days after the commencement thereof, of any bankruptcy, reorganization or insolvency proceeding, or other proceeding
under any law for the relief of debtors, instituted against it by one or more third parties or fails actively to oppose any such proceeding, or, in any such proceeding, defaults or files
an answer admitting the material allegations upon which the proceeding was based or alleges its willingness to have an order for relief entered or its desire to seek liquidation,
reorganization or adjustment of any of its debts.
19. Authority to Obligate Lessor: Lessor, as owner of the property subject to this agreement, authorizes the City Manager, subject to approval by the City Council, as the individual authorized to execute or amend agreements and obligate the Lessor. 20. Rights and Reservations of Lessor: Lessor reserves the right to temporarily close the airport facility, including, but not limited to, the runways, taxiway, apron, parking facilities and any other areas incident to the airport for the purpose of maintenance, repair, further development or construction, or for the safety of the general public. 21. Hazardous Substances: Lessee certifies, represents warrants, covenants and agrees that: A. Lessee agrees to comply with all applicable local, state and federal environmental laws, regulations, ordinances and administrative and judicial orders relating to the generation,
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recycling, treatment, use sale, storage, handling, transport and disposal of any Hazardous Substances (as defined below) by any person in or around the Premises. Lessee will not, without Lessor’s prior written consent, keep in or around the Premises, for use, disposal, treatment, generation, storage, or sale, any Hazardous Substances. B. Lessee has not and will not release or waive the liability of any party who may be
potentially responsible for the presence or removal of Hazardous Substances on or from the Premises. C. Lessee shall be fully and completely liable to Lessor for, and shall indemnify and hold Lessor harmless from and against any and all actual or alleged claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits and other proceedings and
costs and expenses (including attorney's fees and disbursements), which accrue to or are incurred by Lessee or Lessor which arise or are alleged to arise directly or indirectly from or out of, or are in any way connected with any operations or activities (including, without limitation, use, disposal, transportation, storage, generation or sale of Hazardous
Substances) in or around the Premises during Lessee’s possession or control of the Premises which directly or indirectly result in the Premises or any Other Property (as
defined below) becoming contaminated with Hazardous Substances or otherwise violating any applicable law, rule or regulation pertaining to Hazardous Substances, and the cleanup of Hazardous Substances from the Premises or any Other Property. Lessee acknowledges that it will be solely responsible for all costs and expenses relating to
investigation (including preliminary investigation) and cleanup of Hazardous Substances from the Premises or from any Other Property.
D. As used in the Agreement, “Hazardous Substances” means any chemical, material,
waste or similar matter defined, classified, listed or designated as harmful, hazardous, extremely hazardous, dangerous, toxic or radioactive, or as a contaminant or pollutant, or
other similar term, by, and/or which are subject to regulation under, any federal, state or local environmental statute, regulation or ordinance presently in effect or that may be
promulgated in the future, and as they may be amended from time to time, and shall include petroleum products and byproducts. As used in this Agreement, “Other Property”
means any real or personal property (including, without limitation, surface or ground water) which becomes contaminated with Hazardous Substances as a result of
operations or other activities on, or around the contamination of, the Premises.
22. Nondiscrimination: Pursuant to Title VI of the Civil Rights Act of 1964, and by Part 15 of the Federal Aviation Regulations, Lessee agrees it will not discriminate on the grounds of race, sex, color, or national origin, and will not permit discrimination against any person or group of persons in any manner prohibited by Part 15 of the Federal Aviation Regulations. Lessor reserves the right to take such action as the United States may direct to enforce the provisions of this covenant, or as it may find necessary. 23. Holding Over: If Lessee, with the implied or express consent of Lessor, shall hold over after expiration of the term of this Lease, Lessee shall remain bound by all the covenants and agreements herein, except that the tenancy shall be from month-to-month and shall be for a monthly rate of one hundred fifty percent (150%) of the last rental rate under the Lease. 24. Permits and Licenses: Lessee shall obtain and maintain in current status all permit and licenses that are required under any applicable laws and regulations in connection with Lessee’s use, occupancy, or operations at the Premises or airport. In the event that Lessee receives notice from any governmental entity that Lessee lacks, or is violation of, any such permit or license, Lessee shall provide Lessor with timely written notice of the same. 25. Nuisance Storage of Items: Lessee shall not store on the Premises any inoperable equipment, discarded or unsightly materials, or materials likely to create a hazard; shall not use areas outside of enclosed buildings for storage; and shall store trash in covered metal receptacles. Storage in
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violation of this section shall constitute a nuisance condition and an event of default subject to the remedies set forth in Section 18 above. 26. Survival: Lessee’s duty to defend, indemnify and hold Lessor harmless from all such claims, liability and damages arising out of the acts or omissions of Lessee shall survive the termination and/or expiration of this Lease.
27. Notices: Notices to the City, provided for herein, shall be sufficient if sent by certified mail, postage prepaid, addressed to: City Manager City of Moses Lake 401 S. Balsam
Moses Lake, WA 98837 Notices to Lessee shall be sufficient if sent by certified mail, postage prepaid, addressed to:______________, or to such other respective address the parties may designate to each other in writing from time to time.
28. Governing Law, Attorney’s Fees, and Venue: This Lease shall be governed by and construed in accordance with the laws of the State of Washington. It is understood and agreed that in the event it is necessary for either party to engage the services of an attorney to enforce any provision of this lease, the prevailing party in such action shall be entitled to reasonable attorney fees in any state or federal court, including attorney fees and costs on appeal, in addition to the statutory attorney fees, even though said suit results in the forfeiture of this lease. Venue for any
such proceedings shall be in Grant County, Washington. Without limiting any other provision of this Lease, in the event that Lessor employs an attorney (including the City Attorney) for the purpose of sending a notice to Lessee for the defaults or covenant violations of Lessee, then Lessee shall pay a reasonable attorney fee for the preparation and costs of delivery of the said notice.
29. Authority: If Lessee is a corporation, it shall deliver to the Lessor on execution of this Lease Agreement a certified letter signed by its board of directors authorizing the execution of this Lease Agreement and naming the officers that are authorized to execute this Lease Agreement on behalf of the corporation. If Lessee is a joint venture or partnership, all joint ventures or partners shall execute the Lease Agreement. If Lessee is a limited liability company, all members or managers shall execute the Lease Agreement.
30. Independent Advice. The Lessee acknowledges that it has ascertained and weighed all of the effects and circumstances likely to influence its judgment with respect to this Lease; that it has had the opportunity to seek and obtain independent legal advice, that all of the provisions hereof, as well as all questions pertinent thereto, have been fully, satisfactorily and independently examined and explained to it. 31. Cessation of Airport: In the event the Moses Lake City Council determines to cease operating the Moses Lake Municipal Airport permanently as an airport during the term of this Lease Agreement, Lessor and Lessee's mutual obligations hereunder will cease. Nothing herein shall be construed to interfere with the City's right to cease such operation for a valid and compelling governmental purpose including financial, regulatory, environmental, or operational reasons. Lessee agrees to waive any and all claims for damages should the Moses Lake Municipal Airport cease operation pursuant to this Section. Provided, however, that any Lessee wishing to remove improvements may do so in accordance with the provisions in Section 5 but within 180 days, and provided further that in the event the City sells the airport property to a private third party, the airport property purchaser shall be required to pay to the Lessee 1.5% times the current Grant County Auditor’s assessed value of any Lessee-owned improvements. 32. Warranties/guarantees: The City makes no warranty or guarantee of any nature whatsoever concerning the condition of the leased Premises, including the physical condition thereof, or any
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condition which may affect the leased Premises, and it is agreed that the City will not be responsible for any loss, damage or costs which may be incurred by Lessee by reason of any such condition or conditions. Lessee shall be entitled to possession of the Premises upon execution of this Lease Agreement and thereafter in accordance with the terms herein. Lessee’s taking possession of the Premises on commencement of the term shall constitute Lessee’s acknowledgment that the Premises are in good condition. Lessee has examined and inspected
the Premises prior to entering into this Lease Agreement and accepts them in their present condition, AS IS. Lessor shall not be responsible to the Lessee for any damages or injuries to persons or property by reason of the conditions or construction of the Premises or any portion thereof, and the Lessor shall not be held to have made any representations or warranty whatsoever as to the construction, condition or usefulness of any portion of the Premises.
33. Non-waiver: Any waiver of any breach of covenants herein contained to be kept and performed by either party hereto, shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the other party hereto from declaring a forfeiture, termination or cancellation for any succeeding breach either of the same condition or covenant or otherwise. Acceptance or payment of rental shall not be deemed a waiver.
34. Landlord’s Lien: In addition to any statutory lien for rent in Lessor’s favor, Lessor shall have and Lessee hereby grants to Lessor a continuing security interest for all rentals and other sums of money becoming due hereunder from Lessee, upon all goods, wares, equipment, fixtures, furniture, inventory, accounts, contract rights, chattel paper and other personal property of Lessee situation on the Premises, and such property shall not be removed therefrom without the consent of the Lessor until all arrearages in rent as well as all other sums of money then due to Lessor
hereunder shall first have been paid and discharged. In the event of a default under this Lease, Lessor shall have, in addition to any other remedies provided herein or by law, all rights and remedies under the Uniform Commercial Code, including without limitation the right to sell the property described in this paragraph at public or private sale. Lessee hereby agrees to execute such financing statements and other instruments necessary or desirable in Lessor’s discretion to perfect the security interest hereby created. Any statutory lien for rent is not hereby waived, the
express contractual lien herein granted being in addition and supplementary thereto. This lien shall be subordinate and subject to any Leasehold Mortgage encumbering the leasehold, including, without limitation, any security interest in and to all such property in favor of any of Lessee’s lenders. 35. Construction of Agreement: In the event of a dispute between the parties as to the meaning of
terms, phrases, or specific provisions of the Lease Agreement, the authorship of this Lease Agreement shall not be cause for this Lease Agreement to be construed against any party nor in favor of any party. This Lease Agreement has been submitted to the scrutiny of all parties and their respective legal counsel, and shall be given a fair and reasonable interpretation in accordance with the words hereof without consideration or weight being given to its being drafted by or for one of the parties. 36. Entire Agreement: This Lease Agreement constitutes the whole agreement between the Lessor and Lessee and replaces and supersedes any prior agreements. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this Lease Agreement shall be valid and effective unless evidenced by an agreement in writing. Dated: ____________________________, 2020 Dated: ___________________________, 2020 LESSEE CITY OF MOSES LAKE By _____________________________________ By ____________________________________ Kevin Fuhr, Interim City Manager
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AGREEMENT FOR LEASE OF SPACE ON THE MOSES LAKE MUNICIPAL AIRPORT This agreement is made and entered into on January 1, 2018 by and between the City of Moses Lake, a Washington non-charter code city hereinafter referred to as "Lessor", and «First_Name», hereinafter referred to as "Lessee".
WHEREAS, the Lessor is in possession of an airport commonly known as "Moses Lake Municipal Airport", and WHEREAS, the Lessee is desirous of leasing property on a portion of the airport;
NOW, THEREFORE, the parties hereto enter into the following agreement for the rental of property for use as an aircraft hangar, or other appropriate uses as allowed by the City of Moses Lake. 1. Designation of Property: The Lessor hereby leases to the Lessee Parcel [insert] at the Moses Lake Municipal Airport as designated on Municipal Tract #12, Lot 2 Commercial Binding Site Plan, recorded January 27, 1999 (the “Premises”).
2. Term: The term of this agreement shall be from January 1, 202018 to and including December 31, 203298. Lessee shall have the option to renew the agreement for an additional twenty (20) year term provided Lessee shall give Lessor 180 day’s prior written notice of its intent to renew. Any renewal shall be on the same terms and conditions with the exception of the rental amount which shall be subject to renegotiation pursuant to Section 4, below.
3. Use: The leased property is to be used for the purposes as designated by the City of Moses Lake and as are consistent with the Moses Lake Municipal Code section 18.35.020. The primary use of the property shall be for aviation uses. The Lessee shall not use the said Premises in such a manner to interfere with the rights of other airport users or the Lessor. The Lessee shall not
use said Premises in any illegal manner. Any storage of household items, boats, trailers, RV’s, vehicles, and other non-aviation related items shall be permitted only in conjunction with, and secondary to, the primary aviation use. All use of the property must comply with any rules of the Airport Commission. 4. Cost of Space and Utilities: Beginning January 1, 202018 the cost for leasing the property shall
be 6.2 cents ($.062) per square foot per year for commercial properties and 11.3 cents ($.113) per square foot per year for non-commercial properties. Non-commercial property shall be increased by fifty percent (50%) for hangars with doors at one side to take into account the movement area outside the hangar and by one hundred percent (100%) for hangars with doors at both sides to take into account the movement area outside the hangar. Properties are designated commercial or non-commercial pursuant to the recommendation ofby the Moses Lake Airport Advisory BoardCommission. The lease rate shall be increased annually by the September to September West Coast-B/C All Urban Consumer Price Index as reported by the U. S. Department of Labor. Payment shall be made to the Lessor by the Lessee pursuant to the option selected by Lessee below: ﬦ in full on or before January 31st of each year, or ﬦ paid one-half on or before January 31st and one-half on or before July 31st of each year (Lessee shall initial his/her selection) Pursuant to RCW 14.08.120 as now enacted or as amended, Lessor and Lessee shall review the rental amount at the expiration of the initial ten (10) year term and every five years thereafter in order to adjust the rental amount at the commencement of each new five year period. If the parties fail to agree on the rental amount for the five year period, they shall submit the matter to arbitration pursuant to the procedure in RCW 14.08.120.
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Lessee shall make all arrangements for and pay for all utilities and services furnished to or used by it, including without limitation, gas, electricity, water, telephone service, janitorial service, snow removal, and trash collection, and for all connection charges. 5. Alterations and Improvements: Lessee shall not make any alterations or improvements to the Premises without Lessor’s written consent. Prior to commencement of any work, Lessee shall pay
the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work. The Lessee shall be responsible for any charges attributable to improvements on the leased property assessed by any governmental agency or private party including, but not limited to, all utility connection fees, hook up and utility system development charges and fees, electrical
connection charges and fees, etc. Additionally, the Lessee shall pay all such charges previously assessed against the property which are due and outstanding at the time this lease is executed. If Lessee makes any alterations or improvements to the Premises as provided in this paragraph, the alterations or improvements shall not be commenced until ten (10) days after Lessor has received notice from Lessee stating the date the installation of the alterations or improvements is
to commence so that Lessor can post and record an appropriate notice of non-responsibility if it so elects. Lessee shall pay all costs for construction done by it or caused to be done by it on the Premises as permitted by this Lease Agreement. Lessee shall keep the Premises free and clear of all mechanic’s and/or materialmen’s liens resulting from any construction done by or for
Lessee.
At the termination of this agreement, the Lessee shall have the option of either removing the improvements placed on said ground space within ninety (90) days of the date of termination, or with the consent of the Lessor leave the improvements for the ownership and use of the Lessor. If the Lessor refuses to acquire ownership of the improvements the Lessee will be responsible for
removal of all improvements or remnants thereof and the clean-up of the property prior to release from this agreement.
Lessee shall at all times during this Lease maintain property insurance at its sole cost and in such
amounts and coverages as determined adequate by Lessor for all improvements on the Premises in order to protect such improvements from hazards such as fire, casualty, vandalism, and other
damages.
6. Construction: Prior to construction of any structures, additions, improvements, or major modifications, plans must be presented to the Airport Commission for its suggestions and review and then to the Building Division of the City of Moses Lake for its approval and granting of a building permit. The cost of construction shall be the responsibility of the Lessee. Lessee shall complete building projects within one hundred twenty (120) days. Construction shall be in a neat and orderly manner and shall in no way hinder on-going aircraft operations or interfere with other airport users. Prior to an occupancy permit being issued, all debris and material shall be removed from the Premises. 7. Sublease and Assignment: This Lease is personal to the Lessee and Lessee covenants and agrees not to assign this Lease, or any interest therein, and not to sublet the Leased Premises or any part thereof, without first obtaining written consent from Lessor. Lessor’s consent shall not be unreasonably withheld, but consideration will be given to the financial status, reputation, and compatibility of the proposed assignee/sub lessee. Any proposed or existing assignment or sublease shall be subject to all provisions of this Lease, including this assignment/subletting restriction and the use restrictions of the Premises, and the Lessee will remain liable under the terms of this Lease during the term of any sublease. Upon the occurrence of an event of default, if the Premises or any part thereof are then assigned or sublet, Lessor, in addition to any other remedies herein provided or provided by law, may at its option collect directly from such assignee or sub lessee all rents becoming due to Lessee under such assignment, transfer, or sublease and apply such rent against any sums due to Lessor from Lessee hereunder, and no such collection
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shall be construed to constitute a novation or a release of Lessee from the further performance of Lessee’s obligations hereunder. 8. Safety and Health Regulations: It is the agreement and understanding of both parties that Lessee shall have the sole and complete responsibility for ensuring a safe work place and compliance with all applicable health and safety regulations, whether state or federal.
9. Indemnification and Hold Harmless: The Lessor shall not be liable to the Lessee, or to any person or persons whomsoever, for any damage to the property for injury to or death of any person arising out of or in any way connected with the possession, maintenance, or operation of said Premises, improvements or equipment by the Lessee. Lessee shall defend, indemnify, and hold harmless the Lessor, its officers, officials, employees and volunteers from and against any
and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee’s use of Premises, or from the conduct of Lessee’s business, or from any activity, work or thing done, permitted, or suffered by Lessee in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the Lessor. It is further specifically and expressly understood that the indemnification provided herein constitutes the Lessee's waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
10. Insurance:
A. Insurance Term: The Lessee shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee’s operation and use of the leased
Premises.
B. No Limitation: Lessee’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such
insurance, or otherwise limit the Lessor’s recourse to any remedy available at law or in equity.
C. Minimum Scope of Insurance: Lessee shall obtain insurance of the types and coverage
described below:
1. Comprehensive General Liability insurance for commercial operators shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and
shall cover premises and contractual liability. The Lessor shall be named as an additional insured on Lessee’s Comprehensive General Liability insurance policy
using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing at least as broad coverage. Private
operators are required to obtain aircraft insurance including aircraft liability insurance covering injury and property damage to third parties arising out of the
ownership, operation, or maintenance of aircraft on Lessor’s property in a form satisfactory to the Lessor.
2. Property insurance shall be written on an all risk basis.
3. Automobile liability
4. Hangar-keeper’s liability if Lessee has non-owned aircraft under its care,
custody, or control, including consignment aircraft sales.
D. Minimum Amounts of Insurance: Lessee shall maintain the following insurance limits:
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1. Comprehensive General Liability insurance and aircraft and aircraft liability insurance shall be written with limits no less than $1,000,000 each occurrence with aircraft exclusions deleted. 2. Property insurance shall be written covering the full value of Lessee’s property
and improvements with no coinsurance provisions. 3. Automobile liability with limits no less than the minimum limits required by the State of Washington$1,000,000 any auto. 4. Hangar-keeper’s liability shall be equal to the value of the aircraft in Lessee’s
care, custody, or control. E. Other Insurance Provisions: The Lessee’s Comprehensive General Liability Liability or aircraft and aircraft liability insurance policy or policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Lessor. Any Insurance, self-insurance, or self-insured pool coverage maintained by the Lessor shall be excess of the
Lessee’s insurance and shall not contribute with it. Lessee’s insurance policy or policies shall not include any other entity or party as a named insured other than Lessee and the Lessor as an additional insured. F. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.
G. Verification of Coverage: Lessee shall furnish the Lessor with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. The parties recognize the inherent risks of aviation related uses and operations on airports and, accordingly, the Lessor’s liability exposure as property owner and landlord.
Therefore, it is expressly understood and agreed that Lessee shall deliver the original certificates and a copy of the amendatory endorsements, including the additional insured endorsement, to Lessor evidencing all required insurance coverage; failure to provide Lessor with such documentation shall constitute a material breach of this Lease for which
Lessor may terminate this Lease as provided for herein. Such documentation shall be provided to Lessor within ten (10) days of the execution of the Agreement and within
thirty (30) days of the beginning of each consecutive year. H. Waiver of Subrogation: Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by
property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. I. Lessee’s Property Insurance: Lessee shall purchase and maintain during the term of the
lease all-risk property insurance covering the Building for its full replacement value without any coinsurance provisions.
J. Notice of Cancellation: The insurance policies shall contain a clause prohibiting cancellation or termination of the policies without first giving ten (10) days’ prior written notice of such cancellation or termination to the Lessor
K. Failure to Maintain Insurance: Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five (5) business days’ notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand.
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L. Lessor Full Availability of Lessee Limits: If the Lessee maintains higher insurance limits than the minimums shown above, the Lessor shall be insured for the full available limits of Comprehensive General and Excess or Umbrella liability maintained by the Lessee, irrespective of whether such limits maintained by the Lessee are greater than those required by this contract or whether any certificate of insurance furnished to the Lessor
evidences limits of liability lower than those maintained by the Lessee. 11. Taxes and Licenses: The Lessee shall pay, before their respective due dates, all taxes, fees, assessments and/or licenses which may be assessed against the improvements placed on the ground space, or be payable by reason of the use and occupancy of said space by the Lessee. Lessee shall be liable for, and shall pay throughout the term of this Lease Agreement any
leasehold tax assessed by the State of Washington (which is currently 12.84%) in lieu of property tax, to be paid concurrently with annual rent during the term of said Lease Agreement. 12. Laws: The Lessee agrees to conform to any and all rules and regulations adopted by the City, the state, or the Federal Aviation Administration relative to operation and control of space at the Moses Lake Municipal Airport. Upon a written request by Lessor, Lessee will verify, within a
reasonable time frame, compliance with any rules, laws, regulations or other applicable requirements. Lessee shall not delegate or contract away any of these responsibilities. 13. Inspection: The Lessor shall have the right to inspect the interior of any building, at any reasonable time upon notice and request made to the Lessee.
14. Maintenance: Lessee covenants and agrees to maintain, at its cost, the Premises and any improvements in good condition throughout the term of this Lease Agreement. Lessor shall have no further responsibility to maintain the Premises. Lessee shall be responsible for weed control, snow removal, and normal maintenance including janitorial services. Lessee shall further be responsible to keep and maintain the sewer system servicing the building in good working order and free from any blockage or obstructions. Lessor shall not be responsible for any damages to
the Premises caused by vandalism, malicious mischief, or theft by third parties. Securing the Premises shall be the responsibility of the Lessee. 15. Access Rights: The Lessee is given the right of ingress and egress of ground vehicles between the leased property and public road via designated roadways on the airport but not on the airport taxiways. The Lessee is given the right of aircraft movement to or from the runway via airport
taxiways. 16. Flammable Material Storage: The Lessee shall not store any flammable materials except: A. Those in the fuel or lubrication system of a motorized device stored on the grounds. B. Unless the storage device is approved by current regulations or has been in continuous use since being established under those regulations in effect at the time of installation. C. A reasonable amount of petroleum products for personal use, except for the Lessees of commercial lots. In addition to storing a reasonable amount of petroleum products for personal use, commercial lot Lessees may store petroleum products for sale so long as the storage facilities have been approved by the City Manager and all other applicable permits have been applied for and received. 17. Risk of Loss: The Lessor shall never be responsible for loss of improvements placed on the Premises by the Lessee or the loss, damage, or destruction of aircraft or other property stored on the Premises except as a direct result of the negligence of the Lessor or its employees. 18. Events of Default: The occurrence of any one of the following events shall constitute a material breach and default under this Lease by Lessee:
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A. Lessee shall have failed to pay an installment of rent or any other amount payable hereunder when due, where such failure shall continue for a period of ten (10) days after written notice from Lessor to Lessee notifying Lessee of its failure to pay such amounts. B. Lessee shall have failed to execute and deliver such documents as required by Section 6
and within the time periods specified, where such failure shall continue for a period of three (3) business days after written notice thereof from Lessor. C. There shall be a default of any condition, covenant, agreement or other obligation on the part of Lessee (other than those defaults as described in subsections (a) and (b) hereof) to be kept, observed or performed hereunder, and such default shall be continuing for a
period of more than thirty (30) days after written notice by Lessor to Lessee specifying the default and requiring that it discontinue. D. If Lessee fails to comply with the requirements for insurance pursuant to Section 10
hereof or, if any policy of insurance upon the Property or any part thereof from time to time carried by Lessor shall be cancelled or about to be cancelled by the insurer by
reason of the use or occupation of the Premises by Lessee or any of Lessee's Employees, or anyone permitted by Lessee or such other parties to be upon the Premises and Lessee after receipt of notice in writing from Lessor shall have failed to take such immediate steps as shall enable Lessor to reinstate or avoid cancellation (as
the case may be) of such policy of insurance.
E. The Premises shall, without the prior written consent of Lessor, be used (i) by any persons other than Lessee or its permitted assigns or sub lessees (ii) for any purpose
other than that for which they were leased or occupied, or (iii) by any persons whose occupancy is prohibited by this Lease.
F. The Premises shall be vacated or abandoned, or remain unoccupied without the prior
written consent of Lessor, for sixty (60) or more consecutive days while capable of being occupied.
G. The balance of the Term of this Lease or any of the goods and chattels of Lessee located
in the Premises shall at any time be seized in execution pursuant to a non-appealable judgment.
H. Lessee commences any bankruptcy, reorganization or insolvency proceeding, or other
proceeding under any federal, state or other law for the relief of debtors.
I. Lessee fails to obtain the dismissal, within ninety (90) days after the commencement thereof, of any bankruptcy, reorganization or insolvency proceeding, or other proceeding
under any law for the relief of debtors, instituted against it by one or more third parties or fails actively to oppose any such proceeding, or, in any such proceeding, defaults or files
an answer admitting the material allegations upon which the proceeding was based or alleges its willingness to have an order for relief entered or its desire to seek liquidation,
reorganization or adjustment of any of its debts. 19. Authority to Obligate Lessor: Lessor, as owner of the property subject to this agreement, authorizes the City Manager, subject to approval by the City Council, as the individual authorized to execute or amend agreements and obligate the Lessor. 20. Rights and Reservations of Lessor: Lessor reserves the right to temporarily close the airport facility, including, but not limited to, the runways, taxiway, apron, parking facilities and any other areas incident to the airport for the purpose of maintenance, repair, further development or construction, or for the safety of the general public.
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21. Hazardous Substances: Lessee certifies, represents warrants, covenants and agrees that: A. Lessee agrees to comply with all applicable local, state and federal environmental laws, regulations, ordinances and administrative and judicial orders relating to the generation, recycling, treatment, use sale, storage, handling, transport and disposal of any Hazardous Substances (as defined below) by any person in or around the Premises.
Lessee will not, without Lessor’s prior written consent, keep in or around the Premises, for use, disposal, treatment, generation, storage, or sale, any Hazardous Substances. B. Lessee has not and will not release or waive the liability of any party who may be potentially responsible for the presence or removal of Hazardous Substances on or from the Premises.
C. Lessee shall be fully and completely liable to Lessor for, and shall indemnify and hold Lessor harmless from and against any and all actual or alleged claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits and other proceedings and
costs and expenses (including attorney's fees and disbursements), which accrue to or are incurred by Lessee or Lessor which arise or are alleged to arise directly or indirectly
from or out of, or are in any way connected with any operations or activities (including, without limitation, use, disposal, transportation, storage, generation or sale of Hazardous Substances) in or around the Premises during Lessee’s possession or control of the Premises which directly or indirectly result in the Premises or any Other Property (as
defined below) becoming contaminated with Hazardous Substances or otherwise violating any applicable law, rule or regulation pertaining to Hazardous Substances, and
the cleanup of Hazardous Substances from the Premises or any Other Property. Lessee acknowledges that it will be solely responsible for all costs and expenses relating to
investigation (including preliminary investigation) and cleanup of Hazardous Substances from the Premises or from any Other Property.
D. As used in the Agreement, “Hazardous Substances” means any chemical, material,
waste or similar matter defined, classified, listed or designated as harmful, hazardous, extremely hazardous, dangerous, toxic or radioactive, or as a contaminant or pollutant, or
other similar term, by, and/or which are subject to regulation under, any federal, state or local environmental statute, regulation or ordinance presently in effect or that may be
promulgated in the future, and as they may be amended from time to time, and shall include petroleum products and byproducts. As used in this Agreement, “Other Property”
means any real or personal property (including, without limitation, surface or ground water) which becomes contaminated with Hazardous Substances as a result of
operations or other activities on, or around the contamination of, the Premises.
22. Nondiscrimination: Pursuant to Title VI of the Civil Rights Act of 1964, and by Part 15 of the Federal Aviation Regulations, Lessee agrees it will not discriminate on the grounds of race, sex, color, or national origin, and will not permit discrimination against any person or group of persons in any manner prohibited by Part 15 of the Federal Aviation Regulations. Lessor reserves the right to take such action as the United States may direct to enforce the provisions of this covenant, or as it may find necessary. 23. Holding Over: If Lessee, with the implied or express consent of Lessor, shall hold over after expiration of the term of this Lease, Lessee shall remain bound by all the covenants and agreements herein, except that the tenancy shall be from month-to-month and shall be for a monthly rate of one hundred fifty percent (150%) of the last rental rate under the Lease. 24. Permits and Licenses: Lessee shall obtain and maintain in current status all permit and licenses that are required under any applicable laws and regulations in connection with Lessee’s use, occupancy, or operations at the Premises or airport. In the event that Lessee receives notice from any governmental entity that Lessee lacks, or is violation of, any such permit or license, Lessee shall provide Lessor with timely written notice of the same.
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25. Nuisance Storage of Items: Lessee shall not store on the Premises any inoperable equipment, discarded or unsightly materials, or materials likely to create a hazard; shall not use areas outside of enclosed buildings for storage; and shall store trash in covered metal receptacles. Storage in violation of this section shall constitute a nuisance condition and an event of default subject to the remedies set forth in Section 18 above.
26. Survival: Lessee’s duty to defend, indemnify and hold Lessor harmless from all such claims, liability and damages arising out of the acts or omissions of Lessee shall survive the termination and/or expiration of this Lease. 27. Notices: Notices to the City, provided for herein, shall be sufficient if sent by certified mail,
postage prepaid, addressed to: City Manager City of Moses Lake 401 S. Balsam Moses Lake, WA 98837
Notices to Lessee shall be sufficient if sent by certified mail, postage prepaid, addressed to:______________, or to such other respective address the parties may designate to each other in writing from time to time. 28. Governing Law, Attorney’s Fees, and Venue: This Lease shall be governed by and construed in accordance with the laws of the State of Washington. It is understood and agreed that in the
event it is necessary for either party to engage the services of an attorney to enforce any provision of this lease, the prevailing party in such action shall be entitled to reasonable attorney fees in any state or federal court, including attorney fees and costs on appeal, in addition to the statutory attorney fees, even though said suit results in the forfeiture of this lease. Venue for any such proceedings shall be in Grant County, Washington. Without limiting any other provision of this Lease, in the event that Lessor employs an attorney (including the City Attorney) for the
purpose of sending a notice to Lessee for the defaults or covenant violations of Lessee, then Lessee shall pay a reasonable attorney fee for the preparation and costs of delivery of the said notice. 29. Authority: If Lessee is a corporation, it shall deliver to the Lessor on execution of this Lease Agreement a certified letter signed by its board of directors authorizing the execution of this
Lease Agreement and naming the officers that are authorized to execute this Lease Agreement on behalf of the corporation. If Lessee is a joint venture or partnership, all joint ventures or partners shall execute the Lease Agreement. If Lessee is a limited liability company, all members or managers shall execute the Lease Agreement. 30. Independent Advice. The Lessee acknowledges that it has ascertained and weighed all of the effects and circumstances likely to influence its judgment with respect to this Lease; that it has had the opportunity to seek and obtain independent legal advice, that all of the provisions hereof, as well as all questions pertinent thereto, have been fully, satisfactorily and independently examined and explained to it. 31. Cessation of Airport: In the event the Moses Lake City Council determines to cease operating the Moses Lake Municipal Airport permanently as an airport during the term of this Lease Agreement, Lessor and Lessee's mutual obligations hereunder will cease. Nothing herein shall be construed to interfere with the City's right to cease such operation for a valid and compelling governmental purpose including financial, regulatory, environmental, or operational reasonsincluding. Lessee agrees to waive any and all claims for damages should the Moses Lake Municipal Airport cease operation pursuant to this Section. Provided, however, that any LesseeTenant wishing to remove improvements may do so in accordance with the provisions in Section 5 but within 180 days__,, and provided further that in the event the City sells the airport property to a private third party, the
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airport property purchaser City shall be required to pay to the Lessee 1.5% times the current Grant County Auditor’s assessed value of any Lessee-owned improvements. 32. Warranties/guarantees: The City makes no warranty or guarantee of any nature whatsoever concerning the condition of the leased Premises, including the physical condition thereof, or any condition which may affect the leased Premises, and it is agreed that the City will not be
responsible for any loss, damage or costs which may be incurred by Lessee by reason of any such condition or conditions. Lessee shall be entitled to possession of the Premises upon execution of this Lease Agreement and thereafter in accordance with the terms herein. Lessee’s taking possession of the Premises on commencement of the term shall constitute Lessee’s acknowledgment that the Premises are in good condition. Lessee has examined and inspected the Premises prior to entering into this Lease Agreement and accepts them in their present
condition, AS IS. Lessor shall not be responsible to the Lessee for any damages or injuries to persons or property by reason of the conditions or construction of the Premises or any portion thereof, and the Lessor shall not be held to have made any representations or warranty whatsoever as to the construction, condition or usefulness of any portion of the Premises. 33. Non-waiver: Any waiver of any breach of covenants herein contained to be kept and performed
by either party hereto, shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the other party hereto from declaring a forfeiture, termination or cancellation for any succeeding breach either of the same condition or covenant or otherwise. Acceptance or payment of rental shall not be deemed a waiver. 34. Landlord’s Lien: In addition to any statutory lien for rent in Lessor’s favor, Lessor shall have and
Lessee hereby grants to Lessor a continuing security interest for all rentals and other sums of money becoming due hereunder from Lessee, upon all goods, wares, equipment, fixtures, furniture, inventory, accounts, contract rights, chattel paper and other personal property of Lessee situation on the Premises, and such property shall not be removed therefrom without the consent of the Lessor until all arrearages in rent as well as all other sums of money then due to Lessor hereunder shall first have been paid and discharged. In the event of a default under this Lease,
Lessor shall have, in addition to any other remedies provided herein or by law, all rights and remedies under the Uniform Commercial Code, including without limitation the right to sell the property described in this paragraph at public or private sale. Lessee hereby agrees to execute such financing statements and other instruments necessary or desirable in Lessor’s discretion to perfect the security interest hereby created. Any statutory lien for rent is not hereby waived, the express contractual lien herein granted being in addition and supplementary thereto. This lien
shall be subordinate and subject to any Leasehold Mortgage encumbering the leasehold, including, without limitation, any security interest in and to all such property in favor of any of Lessee’s lenders. 35. Construction of Agreement: In the event of a dispute between the parties as to the meaning of terms, phrases, or specific provisions of the Lease Agreement, the authorship of this Lease Agreement shall not be cause for this Lease Agreement to be construed against any party nor in favor of any party. This Lease Agreement has been submitted to the scrutiny of all parties and their respective legal counsel, and shall be given a fair and reasonable interpretation in accordance with the words hereof without consideration or weight being given to its being drafted by or for one of the parties. 36. Entire Agreement: This Lease Agreement constitutes the whole agreement between the Lessor and Lessee and replaces and supersedes any prior agreements. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this Lease Agreement shall be valid and effective unless evidenced by an agreement in writing. Dated: ____________________________, 202018 Dated: ___________________________, 202018
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LESSEE CITY OF MOSES LAKE By _____________________________________ By ____________________________________ «First_Name» Kevin FuhrJohn M. Williams, Interim
City Manager
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STAFF REPORT
To: City Council
From: Kevin Fuhr, Interim City Manager
Date: January 9, 2020
Proceeding Type: New Business
Subject: Surplus Vista Park 1 Resolution
Legislative History:
• First Presentation: January 14, 2020
• Second Presentation:
• Action: Motion to adopt Resolution setting Public Hearing
Staff Report Summary
Attached is Resolution No. 3789 declaring real property owned by the City of Moses Lake as
surplus. The subject property is no longer needed for municipal purposes as initially intended
when the property was deeded to the City. The properties can be disposed of and sold in a
commercially reasonable manner.
Background
The Parks Commission met to discuss surplus of Vista 1 and Power Point Parks. They
recommended Council surplus Vista 1 Park and keep the other park for potential use in the trails
program. Council requested staff to bring back a surplus resolution to the next meeting.
Fiscal and Policy Implications
The sale of the subject property will save the General Fund revenues that have been used to
maintain the property.
Options
Option Results
• Adopt the Resolution Staff will docket a public hearing on February 11.
• Take no action. The property will not be surplus.
Staff Recommendation
Staff recommends the City Council consider adoption of the resolution as presented.
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Attachments
A. Draft Resolution
B. Vicinity Map
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Resolution Surplus Property and set Public Hearing January 14, 2020
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RESOLUTION NO. 3789 A RESOLUTION DECLARING CITY OWNED REAL PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE IN A COMMERCIALLY REASONABLE MANNER
RECITALS: 1. The City of Moses Lake no longer requires the property deeded to the city for municipal purposes, and filed with the Grant County Auditor located in Section 15, Township 19 North, Range 28 East, W.M.
2. The property is legally described as follows: Tax parcel #10-2122-000 – Vista Park 1 PARCEL B; A portion of Lot 3, Parkplace Plaza Major Plat, as recorded in Book 17 of Plats, pages 40 thru 46, said Tract being a portion of the North half of Section 15, Township 19 North, Range 28 E.W.M., Grant County, Washington, more fully described as follows: Commencing at the Southwest corner of said Lot 3, said point being the True Point of Beginning; thence Northerly along the West boundary of said Lot 3 and the East right of way of Evelyn Drive, around a 270 foot radius curve concave to the East, through a central angle of32°36'24n,an arc distance of153.66 feet, the chord of said curve being North 06°05'51"West, 151.59 feet; thence continuing on said West boundary of said Lot 3, North 10°12'22" East, 237.23 feet; thence around a 25 foot radius curve, concave to the Southeast, a central angle of 90°00'00", an arc length of 39.27 feet to the South right of way of Central Drive; thence South 79°4T38" East, along said South right of way and the North boundary line of said Lot 3,351.01 feet; thence continuing along said boundary line around a 657.50 foot radius curve concave to the South with a central angle of03°47'14B,an arc distance of43.46 feet; thence South 10°12'51" West, 341 feet, more or less, to the South line of said Lot 3; thence North 8903615n West along the South line of said Lot 3, 382.44 feet to the True Point of Beginning. RESOLVED: 1. The City of Moses Lake, Washington, declares that the real property owned by the city and
described above is surplus. 2. The real property described above can be disposed of and sold in a commercially reasonable manner following a Public Hearing before the Council scheduled for February 11, 2020. Adopted by the City Council on January 14, 2020. _______________________________ , Mayor
ATTEST: __________________________________________
Debbie Burke, City Clerk
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