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MINUTES - 09142004 - C24
T Centra TO: BOARD OF SUPERVISORS ,: � FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: September 14, 2004 Countycaf SUBJECT: Approve and Authorize the Public Works Director,or designee,to execute a lease with Buchanan Field Airport T-hangar tenant. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute leases for hangars at Buchanan Field Airport with Taz Harvey and Mark Spowart effective August 1, 2004,Joe Keeton effective August 27, 2004 and David Herrman and Andrew Morse effective September 1, 2004. Concord area. (Airport Enterprise Fund)(District IV) II. FinancialImgact: The Airport Enterprise Fund will realize$4,140 annually per rental of each T-hangar and$1,860 annually per rental of each shade hangar. Continued on Attaclunent:,�_ SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURES : ACTION OF B4r ON SEPT, 14, 2004 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an action taken xx UNANIN40US(ABSENT NONE ) and entered on the minutes of the Board of Supervisors on the date AYES: NOES: shown. ABSENT:-ABSTAIN: ATTESTED: SEPTEMBER 14, 2004 Orig.Div:Public works(Airport) JOHN SWEETEN,Clerk of the Board of Supervisors and County Contact: (Keith Freitas 646-5722) Administrator cc: County Administrator J.Bueren,Deputy Public Works Director Accounting By "`� Deputy SUBJECT: Approve and Authorize the Public Works Director,or designee,to execute a lease with Buchanan Field Airport T-hangar tenant. DATE. September 14, 2004 PAGE. 2 III. Reasons for Recommendations and Background: On September 1, 1970,Buchanan Airport Hangar Company entered into a 30-year lease with Contra Costa County for the construction of seventy-five (75) hangars and eighteen (18) aircraft shelters at Buchanan Field Airport. Buchanan Airport Hangar Company was responsible for the maintenance and property management of the property during that 30-year period. On September 1,2000,the County obtained ownership of the aircraft hangars and shelters,pursuant to the terms of the above lease. Several of the hangars are now vacant. Approval of these leases will fill 2(two)of the empty hangars. The attached lease form entitled "Contra Costa County Buchanan Field Airport T- Hangar and Shade Hangar Rental Agreement,"will be used to enter into these leases. Airport Division staff and current hangar tenants have been negotiating regarding revisions to this lease form. After agreement has been reached on a new lease form, the Board will be asked to approve new leases with all of the hangar tenants. IV. Consequences of Negative Action; This will cause a continued loss of revenue to the Airport Enterprise Fund. 9253132333 S-EP.10.2004 1:56PM CCC PUBLIC WORKS N©.015 P. 1 CONTRA COSTA COX Y- 'Atr�A FIELD AIRPORT T-HMGAR AM SXX0Z )UWGAR RENTAL As31j!XbcE .0 C" r Ta1•,la of Cdntsnta T-HMC.AR AND SSE FGAR RENTAL AGREEKENT . . . . . . . . . . . . . . , a 1. PARTTE3 . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 2. RENTER ANIS ATACRAFT IF=R34ATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a 3. ptrj sz . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. PRM41SES . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5. USE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . Z 6. Tmax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . - . . . . . . . . , . . . . . . . . . . . a 7. RENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X 8. SECURITY DEPOSIT . , . . . . . . . . . . . . . . . . .. . . . . . . . . . 2 9. UTILITIES . . . . . . . . . . . . . . - - - . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . 3 10. PRORTBITED USES . . . .. . . . . .. . . . . . . . . . . . . . 3 12. PARKING .. . .. . . . . . . . . . . . . . . . . ...... . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 12. MAXNTMQ CZ AM REPAIRS . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 13. &IMAGE . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 14. ALTERATIONS . . . . . . . . . . ... . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . 4 15. ASSIGMMVT OR 3tMLETTING . . . .. .. . . . .... . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 4 16. HOLD HARMLESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 17. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 la. STMP.M DER . . . . . . . . . . . . . ... ....... . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 19. AIRFORT V=aCLZ ACCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � 20, SZCZMZTY . . . . . . . . . . . . . .. . .. . . .. .... . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21. LOCKS . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . , . - - - - 6 22. TAXES . . . . . . . . . . . . . .. ., , . . . . . . . . . . . . . . . . . . . . . . . . 6 23. WASTE, QVI= CONDUCT, AM HAZARDOUS MTERIALS . . . . . . . . . . . . . . . . . . . . . . . 6 24. AIRPORT'S RIGHT OF CRY . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 25. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 8 25. ZAWFUL COz3UCT' . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . 27. DEFA.trisT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28. CMMLATINM RIGHTS Aldi? RM4EDIES . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 9 39. NO CONTINUIXG WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . .. . . . . . . . 9 30. NOTICES . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 31. ENTIRE AGR . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 32. CSOICL 00 LAW . . . . . . . . . ... . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 33. TnM IS OF THE ESSZXCE . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 10 1 SEP.10.2004 1.56PM CCC PUBLIC WORKS NO.015 P.2 EXHIBIT " A" - RENTER AND ATRCRAFT 1070-VaTION FOILM EXHIBIT f' _ T-HANGAR AND SRXD-w IVWGAR SITE PLEB 11 SEP.10.2004 1:56PM CCC PUBLIC WORKS NO.015 P.S CONTRA COSTA;gQUW Y-RUCHANAN FIELD 618P3RT T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT . 1. PARTIES: Effective .tt3e COUNTY OF CONTRA COSTA, a political subdivision of the State of Caffornia ("Airport")and ("Renter"), hereby mutually agree and promise as follows: 2. RENTER AND AIRCRAFT INFORtilliATION. Simultaneous with the execution of this Rental Agreement by Reenter, Renter shall complete the Renter and Airc�Information F_wm.attached hereto as Exhibit"A"and incorporated herein. Renter trust also provide to Airport at that time a copy of the current aircraft registration and the insurance information required by Section: 17 below_ 3. PURPOSE: The purpose of this Rental Agreement its to provide for the rental of a T-Hangar or Shade Hangar space at the Contra Costa County- Buchanan Field Airport fbr the storage of Renters aircraft("Aircraft"}described in the Renter and Aircraft information Form. 4. PREMISES: For and in consideration of the rents and the faithful performance by Reciter of the terms and conditions ret forth herein,Airport hereby rents to Reciter and Renter hereby rents from Airport that T-Hangar or Shade Hangar shown as# on the T-Hangar and Shade Hangar Site Pian, attached hereto as Exhibit B and incorporated herein. This T Hangar or Shade Hangar is part of the T-Hangar and Shade Hangar Site ("T Hangar Site") and shall hereinafter be described as the"premises"or as the'T-Hamer." Renter has inspected the T-Hangar and hereby accepts the T-Hangar in its present condition, as is, without any obligation on the part of Airport to make any alterations, improvements, or repairs in or about the T-Hangar. 5. USE: The premises shall be used exclusively by Renter only for the storage of Renter's aircraft and materials directly related to the storage and maintenance of Renter's aircraft and for no other purpose whatsoever without the prior written consent of the Director of Airports. No additional storage is allowed in areas adjacent to Rerdeirs aircraft. ("Rental's aircraft" means only that specific aircraft in which Renter hes either an ownership interest or which is directly leasee!to Renter and which Renter has identified in the Rental and Aircraft Infoarmatio t~orrrsI The use of all or a portion of the T-Hangar for the-storage of aircraft not owned or leased by Renter without the prier written consent of the Director of Airports is prohibited. ("Aircraft not owned or based b y Renter"means any aircraft in which Renter does not have an ownership interest or which is not directly teased to Renter.) Renter shalt present proof of said ownership interest or lease to Airport upon request in addition to that information provided in the Rental and Airs ft Info_nnakn Form. If Renter wants to stare any specific airamft other than the specific aircraft identified on the R >tta! and. irg ft Information Form ("Alternate Aircraft ) in the T�Nangsr, Renter must obtain the prior written consent of the Director of Airports to so store the Altemarte Aircraft. If Renter is permitted to store an Alternate Aircraft in the T Hangar, all provisions of this Rental Agreement applicable to any aircraft shall also be applicable to that Alternate Aircrafit. Airport. in its sole discretion,may assign Renter to another T-Hangar at anytime for any reason or for no reason. 6. TERM: This Rental Agreement shall be from month to month commencing and shallcontinue until terminated. Upon the termination of this Rental Agreement, Renter shalt remove Renter's Aircraft or Alternate Aircraft and any personal property from the premises. Storage enol disposition of Renter's personal property remaining on the premises shall be in accordance with law. A Monthly Rent and Additional Rent. Renter shall pay$ rant per month ("Monthly Rent")due and payable in advance on the first day of each calendar month, beginning on the commencement date of this Rental Agreement, Unless directed to do otherwise by Airport, Renter shall pay rent only in gash or by personal Check, certified SEP.10.2004 1:56PM CCC PUBLIC WORKS NO.015 P.4 check,or money order. If the term of this Rental Agreement begins on a day other than the first day of the month, the Monthly Rent stated above for the first month shall be prorated based on a thirty-day month and shall be due and payable at the time the Renter signs this Rental Agreement. The Monthly Rent is subject to change on thirty (30) days written notice at the sate discretion of Airport. All other payments due from Renter to Airport under this Rentat Agreement, including, but not limited to, utility charges. administrative tate charges, interest, and returned check charges, shall be deemed Additional Rent('Addlfional Rent='). Airport shalt apply any moneys received from Renter to the oldest amount flue on Renter's account. Any amounts oared by Renter to Airport prior to the execution of this Rental Agreement shall be deemed due under this Rental Agreement on the commencement date of this Rental Agreement. S. Administrative Late Charge and Interest. If Renter fails to pay Monthly Rent or Additional Rent by the fifth day after it is due,Renter shall be liable for an administrative late charge (`Administrative Late Charge*) in the amount of fifty dollars $50.00), plus interest at the rate of 1.5% per month,which shell be due and payable seven (7)days after Airport gives Renter an invoice of said demand for payment of Monthly Rent or Additional Rant that is not paid on its clue nate. Airport and Renter hereby agree that it is and will be impracticable and extremely difficult to ascertain and fix Airport's actual damage from any late payments and,thus,that Renter shall pay as liquidated damages to Airport the Administrative Late Charge specified in this Section 7.8., which is the result of the parties' reasonable endeavor to estimate fair average compensation therefor. C. Returned Checks. Renter shall be liable for all bank charges incurred by Airport if a check written by Renter is returned for insufficient funds, and Airport may impose a reasonable service charge to cover bank charges imposed for returned checks. Airport may require Renter to pay Monthly Rent or Additional Rett by certified check or money order if Renter's bank or banks have returned one or more personal checks unpaid within the past twelve(12)months. This subsection does not establish a grace period. Airport may make written demand for payment immediately upon receipt of a returned check. G. Rent Liability Following Vacation of T-Hangar. Reciter shall be liable for rent through the date that it totally vacates the T Hangar, provided that Renter has given at least thirty(30)days written notice to Airport of Renter's intent to vacate. In the absence of such notice, Renter shall be liable for rent for thirty (30) days after the date Airport actually learns that Renter has totally vacated the T-Hangar. E. Rent Liability upon Transfer to Another T-Hangar. If Airport transfers Renter to another T-Hangar, any charges or credits due on the Renter's account shall be transferred to the account for the new T-Hangar. F. Lion on Aircraft far Delinquent Monthly Rent, Delinquent Additional Ment, and Storage Charges. If Reinter is dslhiquent in paying Monthly Rent or Additional Rent, pursuant to Section 1208.61 of the California Gode of Civil Procedure,with fifteen (15) days written notice from Airport to Ptenter of the delinquency, Airport may remove Renter's aircraft from its T-Hargan, lock the aircraft down, and place it in storage. If Renter does not pay to Airport the delinquency within fifteen (15) days written notice from Airport to Renter of the removal,lock down,and storage,Airport may impose a lien on the aircraft and satisfy that lien as defined in said Section 1208.61. Airport may also dispose of Renter's aircraft and personal property remaining in the T Hangar after termination of this Rental Agreement or upon abandonment pursuant to Section 1980, et sect. of the Galifomia Civil Code. Airport shall notify Renter of abaindonment in accordance with Section 1951.3 4f the California Civil Code. 8. ;EGURITY,DEPCSIT: Simultaneous with the execution of this Recital Agreement,Rsnter shall deposit an amount equal to one and a half(1.5)times the Monthly Rent with the Director of Airports as a security deposit ("Security DeposiC). Upon termination of this Rental Agreement, Airport shall have the right to use the Security Deposit.or any portion of it; (1)to cure any breach or default of this Rental Agreement by Renter, (2)to repair damages to the premises caused by the Renter or by renter's,officers,employees,agents,guests,or invitees; or (3) to clean the premises upon expiration or termination of the tenancy. Within thirty (30) 2 ................. .........I........................................................ SEP. 10.2004 1:57PM CCC PUBLIC WORKS N0.015 P.5 days after Renter has terminated this Rental Agreement and vacated the T-Hangar. Airport shall return the Security Deposit to Renter,Without interest,minus any deductions pemitted by low, 9. UT11vil Renter shall pay its prorated share of all utilities used on the T-Hangar site annually beginning after a utility bass year as followw. Beginning an the first day of the next calendar year after the first T-Hangar on the T-Hangar Site is occupied,Airport shall record the amount of ail utilities consumed on the entire T-Hangar Site during the following twelve (12) month period. That twelve-month period shall be known as the "Utility Base Year," and Airport's total cost of the utilities on the T-Hangar Site during the Utility Base Year shall be known as "Airport's Utility CosV Airport's utility cost shalt be recalculated each twelve (12) month period after the Utility Base Year. Upon determining Airpoifs utility cost each year, Airport shalt divide this number by the total number of T-Hangars on the T-Hangar Site. The resulting number shall be known as "Renter's Utility Share.- For example, if Airport's utility cost is $10,000.00, then Renter's Utility share will be $107.53 per year ($10,000.00 /93 T- Hangers a $107.53). Renter shall pay Renter's Utility Share immediately upon demand from Airport. 10. PROHIBITED USES: The following uses of the T-Hangar are specifically prohibited and shall be cause for the termination of this Rental Agreement A. Use of the T-Harigar for any commercial purpose,including, but not limited to, a charter service as defined in FAA Part 135,or for aircraft rental,servicing,or flight lnstrtjcVon: S. Use of the T-Hangar as a place of residence. C. Use or subletting of the T-Hangar for the storage of arty aircraft not owned or]eased by Renter; D. Use of the T-Hangar or surrounding property for the repairing, maintaining, building. constructing. painting. servicing, or overhauling of any aircraft, motor vehicic or other equipment on a commercial basis: E. Use of the T-Hangar or surrounding property for aircraft maintenance,other than normal pro-flight maintenance and preventive maintenance, as defined In FAA Part 43, Appendix A. and elsewhere in Federal Aviation Regulations; F. Use of the T-Hangar for painting of any kind; G. Use of the T-Hangar for fueling or deWlng; H. Use of the T-Hangar for any repair,servicing,or restoration of motor vehlelm I. Use of the T-Hanga r for the storage of gasoline,oil,explosive, and flammable tiquids or materials except in amounts and in containers as approved in writing by the Director of Airports and the Fire Marshal; J. Use of the T-Hangar for any purpose that violates any existing or future Airport or other applicable statute, ordinance, resolution, regulation, order, or policy or any term or provision of this Rental Agreement; K. Use of the T-Hangar for the storage of any items not directly related to aircraft operations and maintenance; L. Use of the T-Hangar for storage of unainvorthy aircraft as determined by the Director of Airports. M. Use of the T-Hangar for the storage of boats, motor vehicles, recreational vehicles,or any other equipment or belongings inside or outside the T-Harigar,or elsewhere outside of the T-Hangar at Buchanan Field Airport,without the written permission of the Director of Airports. N. Any other use of the T-Hanger prohibited by Airport in its discretion. 11. PARKING Renter's unattended motor vehicles, If any. shall be parked only in the T-Hangar and only while the Aircraft is in flight or on routs directly to or from a flight. Renter shall not park or leave the Aircraft, the Alternate Aircraft, or motor vehicles or Obstructions on the taxiway or pavement outside the T-Hangar in a manner which the Director of Airports determines interferes With access to adjacent T-Hangars. Failure to observe this parking restriction will be cause for revoking Renter's ramp access. 12. MAINQ11NANCE AND REPAIR$: Renter shall maintain the premises in a clean and orderly condition at all times. No credit shall be allowed Renter by Airport for the cost of any ........... ......I......I........................ SEP.10.2004 1:57PM CCC PUBLIC WORKS NO.015 P.6 maintenance completed by Ranter. Renter shad abide by, and shall ensure that all others in the T-Hangar abide by.the following rules; A. All power tools used in the T-Hangar shall be in compliance with all federal, "a and local laws; B. All flammable liquids or materials shall be used only in an appropriate manner.including only when the T-Hangar doors are open to provide ventilation; C. Any combustible materials shall be stored in metal T-Hangar only UL approved containers,which are closed when not in use.and no combustible materials of any kind shall be stored in the Shade Hangar or in adjacent areas; D. There shall be no open flames in the T-Hangar at any time; E. There shall be no smoking in the T-Hangar at any time,and F. Renter shall maintain the"No Smoking*signs installed by Airport in the T-Hangar at all times, 13. MGiV No signage shall be installed on the premises without the prior written consent of the Director of Airports. 14. ALT ,gRATIM: A. Renter shall not paint, remove, deface, modify, band, drill, out, or otherwise alter any part of the T-Hangar without the prior written consent of the Director of Airports. B. Renter shall not install any fixtures or make any afterations or additions, or permit any additions or alterations to be mode, in or on the promises without obtaining the prior written consent of the Director of Airports. C. Renter shall not use high voltage electrical equipment or machinery in or about modify existing wiring in,or install additional electrical outlets or fixtures in the T-Hangar without the prior written consent of the Director of Airports. D. Renter shall not attach any hoisting or holding mechanism to any part of the T-Hangar or pass any such mechanism through any part of the struts or braces of the T-Hangar. For purposes of this Rental Agreement, a hoisting or holding mechanism shall be deemed to include, but shall not be limited to, a chain-ball, block and tackle. or other hoisting device. If the consent of the Director of Airports is sought for any alterations proposed for the T- Hangar, Renter shall submit a plan of the proposed alteration to the Director of Airports, along with Renter's written request for said approval. Subsequent to the Director of Airports approval. Renter must obtain approval (via permit) from the Contra Costa County Building Inspection Department for said improvements. Ali fixtures installed in or on, as well as all additions or alterations made to, the T- Hangar shall become Airport7s property and shall remain in the T-Hangar at the termination of this Rental Agreement however terminated,without compensation of any kind to Ranter, unless directed in writing by the Director of Airports to be removed and the promises returned to original condition at the sole cost of Renter. Director of Airports may require an additional Security Deposit as outlined in Section 8. 15. MIgNMENT OR SUBLETTING: Renter shall not assign this Rental Agreement or arty interest therein,and shall not sublet the T-Hangar, or any part thereof or any right or privilege appurtenant thereto, wifthout the prior written consent of the Director of Airports in each instance. Any assignment or subletting vAthout the prior written consent of the Director of Airports shall be void and, at the sole option of Airport, shall terminate this Rental Agreement Any issignment of Renter's interest under this Rental Agreement, by operation of low or otherwise, without the prior written consent of the Director of Airports, Is a prohibited assignment under this Rental Agreement. The parking of aircraft not owned at leased by Renter, as described in Section 6. above in the T-Hangar shall constitute a subletting for purposes of this Section 15. Consent by the Director of Airports to one assignment or sublet shall not be deemed to be a consent or waiver as to any subsequent assignment or sublet. 16. HOLD HARMLSSS Renter shall defend, indemnity, save, and hold harmless Airport and its officers,agents,employees,and contractors from"and all claims,assts.and liability for any 4 SEP.10.2004 1:57PM CCC PUBLIC WORKS N0.015 P.7 damages,sickness,deaths.or injury to any person(s)or property,including without limitation all consequential damages, from any cause whatsoever arising out of or relating, directly or directly, to this Rental Agreement, the tenancy created under this Rental Agreement, the premises, or the operations of Renter or of anyone claiming to be aging on behalf of or with Renter under this Rental Agreement, save and except cialms or litigation arising through the sole negllcWce or sole wilful misconduct of Airport This Section 16. shall survive any expiration or termination of this'Rental Agreement. 17. INSURANCE: Renter shall certify that the following insurance coverages are in effect prier to the commencement of the Rental Agreement and shalt maintain said coverage in full force and effect until the expiration or termination of this Rental Agreement: A. Aircraft Null and Liability Insurance for no less than replacement cost value of the aircraft to be stored,in the hangar covered by this Rental Agreement and $1 million of liability covering injury to persons and damage to property caused by the ownership, operation or use, including the use of the hangar covered by this Recital,Agreement, of said aircraft. The insurance shall be written by a qualified company in a form acceptable by the Director of Airports, Renter shall provide the Director of Airports with a Certificate of Insurance, signed by an authorized representative of the insurance company, containing the following provisions: The County of Contra Costs, Its officers, agents, employees and contractors are endorsed to be an additional insured as respects the liability coverages afforded. + A waiver of the insurance company's right to subrogate against the County of Contra Costa, its officer, agents, employee and contractors for any lass of or damage to the eircraft covered by the insurance. + A thirty(30)day prion notice of cancellation of the insurance that is to be sent to the Director of Airports. 18. SIfRRBNDERa Upon the expiration or termination of this Rental Agreement, Renter shall immediately surrender possession of the T-Hangar to Airport and shall remove the Aircraft or the Alternate Aircraft and all personal property from the premises. Upon such surrender of possession, Renter shall leave the premises In a neat,clean. and orderly condition, allowing for ordinary and normal usage during occupancy, and shall immediately reimburse Airport as Additional Rent the cost to repair any damage to the premises caused by Renter's use. 19. AIRPORT VEHICLE ACCESS: The Director of Airports may designate in writing Renter's vehicle route and method of ingress to and egress from the Buchanan Field Airport. 20. SECUR Renter shall be solely responsible for all on-site security regarding the T-Hangar. Airport shalt have no obligation to provide security for the premises and shall not be liable for any loss of or damage to any of Renter's pmpelty by theft or otherwise: and shall not be responsible for the security of Renter's Aircraft or Alternates Aircraft. Renter shall abide by applicable provisions of the Airport's Security Plan("ASP"). From time to time the ASP may be modified or updated. This may place additional restrictions, requirements, and responsibilities on the renter. An automated security access control system currently limits access to AirpoTL Only those persons authorized in writing by the Director of Airports are permitted to Have access to Airport property. Renter and Renter's officers,employees, agents,guests, and invitees mast abide by posted security rules. Should any of these security rules be violated, it may be cause for termination of this Rental Agreerr ark with any fines levied being the responsibility of Renter. 21. LOCKS Airport shall provide Renter with a pedlock and two (2) keys for the T-Hangar. Renter shallpay Airport$50.00 as a refundable deposit for the use of the padlock and keys, which depoait shall be returned tq Rontor without intgre6t within two weeks after said lock and keys are returned undamaged to Airport upon the expiration or termination of this Recital Agreement. Renter shall not tock the T-Hangar with any€tick other than the one supplied by s ..............................__ _ ..... 5EP.10.2004 1:57PM CCC PUBLIC WORKS NO.015 P.8 MPL A F Airport, not shalt Renter use any other method or device to restrict access to the T-Hangar without the prior written consent of the Director of Airports. 22. TAXES: Reuter shall pay all taxes,assessments,or charges that may at any time be levied by any public entity on the use of the T-Hangar or on any possssstory interest that Renter may have under this Rental Agreement. Renter understands and acknowledges that, in accepting this Rental Agreement,its interest therein may bs subject to apossessory interest tax imposed by the Contra Costa County Assessor. A renter of the premises on January 1 of each year shall be liable for the full payment of this possessory interest tax even if that renter subsequently vacates the a premises during that year. Any such payments of taxes,assessments,or charges by Renter shalt not reduce any Monthly Rent or Additional Rent or other moneys due Airport, and said payments shall be the liability of,and shall be pant promptly by,Renter when due. 23. WASTEQUIET CONDUCT,AND 1MA2ARt3UUS MATERIALS: A. Renter shall not commit,or suffer to be committed,any waste upon the premises or any nuisance or other act or thing that may disturb the quiet enjoyment of the use of Buchanan Field Airport or surrounding property. B. Reciter shall provide, as necessary, a separate drainage, collection, and/or separation system to ensure that no untreated liquid waste from any type of operation not permitted to be discharged directly into the Airport storm drainage or sanitary system, including aircraft cleaning and oil change operations, will enter the Airport storm drainage or .anitary system. C. Renter shall at all times comply with ail applicable statutes, ordinances, resolutions, regulations, orders, and policies of federal, state, and local government agencies with jurisdiction over Buchanan Field Airport, including, but not limited to, the County of Centra Costa, the Central Contra Costs Sanitary District, the San Francisco gay Regional Water District, and the Sats Francisca Say Regional Water Quality Board, D. Renter shall not permit any activity on the premises that directly or indirectly produces unlawful amounts or levels of pollution, including, but not limited to, gases, particulate matter, odors, fumes, smoke, dust, water {pollution, noise, glare, heat emissions, electronic or radio interference with navigational and communication facilities for the operation of the Buchanan !held Airport and for use by aircraft, trash or refuse accumulation, vibration, prop-wash,jet blast, or any other activity that is hazardous or dangerous by reason or risk of explosion,fire.or harmful emissions. E. Defin tion of "Hazardous Material." As used in this Rental Agreement, the term "Hazardious Material" shall mean any hazardous or toxic substance, material. or waste at any concentration that is or becomes regulated by the Untied States, the State of California, or any local government authority having jurisdiction over the premises. Hazardous Material includes, but is not limited to: (1) Any taurdous substance.'' as that term is defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1964 (CERCIA) (42 United States Cade sections 36019675); (2) Any "hazardous waste," as that term is defined in the Resource Conservation and Recovery Act of 1976 (RCRA) (42 United States Code sections 6901-6992k): (3)Any pollutant, contaminant, or hazardous, dangerous, or toxic chemical, material, or substance, within the meaning of any other applicable federal, state, or local statute, ordinance, resolution, regulation, order, policy, or requirement, including consent decrees and administrative orders imposing liability or standards of conduct conceming any hazardous, dangerous, or toxic waste, substance, or material, now or hereafter in affect: (4)Any petroleum product; (5) Any radioactive material, including any source, SWIM nuclear, or byproduct material as defined in 42 United States Cade sections 2011-2297"; (6) Any asbestos in any form or condition, and (7) Any polychlofinated b phany€s (PCBs)and any substances or any compounds containing PCBs. F. Use cit Hazardws Material, Renter shall not cause for permit any Hazardous Matteriai, as defined in this Section 23.to be generated,brought aceto,stored,or disposed of in or about the prerriisas by Renter or its officers.employees,agents,contractors,guests, or invitees, except for limited quantities of standard office and,janitorial supplies containing chemicals categorized as Hazardous Material. Renter shall: (1)Use,store,and dispose of all such Hazardous Material in strict compliance with all applicable statutes, SEP. 10.2004 1.58PM CCC PUBLIC WORKS NO.015 P.9 ordinances,resolutions, regulations,orders, and policies in effect during the term of this Rental Agreement that relate to public health and safety and protection of the environment C"Envirortmental Law3"j. including those Environmental Laws identified in this Section 24. and (2)Comply at all times during the term of this Rental Agreement with all Environmental Laws. If, during term of this Rental Agreement, including any extensions, Renter becomes aware of: (a)any actual or threatened release of any Hazardous Material on,under, or about the premises or (b) any inquiry, investigation, proceeding, or claim by any government agency or other person regarding the presence of Hazardous Material on, under, or about the premises, Renter shall give Airport written notice of the release or investigation within five (5)days after learning of it and shall simultaneously furnish to Airport copies of any claims, recti of violation, reports, or other writings received by Renter that concern the release or investigation. G. In+dernnification. Renter shall, at Renter's sale expense and with legal counsel reasonably acceptable to Airport, indemnify, defend, and hold harmless Airport and Airports officer's, employees, agents, end contractors with respect to all losses arising out of or resulting from the release of any Hazardous Material in or about the premises or the violation of any Environmental Law by renter or Renter's officers, employees, agents,contractors, guests, or invitees. This indemnification applies whether or not the concentrations exceed state or federal maxirnurn contaminant or action levels or whether any government agency has issued s cleanup order. This indemnification includes: (1)Losses attributable to diminution in the value of the premises; (2)Loss or restriction of use of rentable space in the premises, (3)Adverse effect on the marketing of any rental space in the premises; and (4) All other liabilities, obligations, penalties, fines. claims,and actions, including. but not limited to, remedial or enforcement actions of any kind and administrative or judicial proceedings, orders or judgments,damages, including consequential and punitive damages, and costs, including attorney, consultant,and expert fees and expenses,resulting from the release or violation. This indemnification clause shalt survive any expirations or termination of this Rental Agreement. H. Remediatior'r Obligations. If the presence of any Hazardous Materiel brought onto the premises by Renter or Renter's officers, employees, agents, contractors, guests, or invitees results in contamination of the premises, renter shall promptly take all necessary actions to remove or remediate such Hazardous Materials whether or not they ars present at concentrations exceeding state or federal maximum concentration or action levels or whether any government agency has issued a cleanup order, at Renter's cote expense, to return the premises to the condition that existed before the introduction of such Hazardous Material. Renter shall first obtain Director of Airports written approval of the proposed removal or remedial action. This provision does not limit the indemnification set forth in this Section 23, 24, AIRPORTS RIGHT_©F ENTRY: Airport reserves the right to enter the premises for the any lawful purpose, including but not limited to the inspection of the premises, investigation of suspicious or illegal activity, and the repair, maintenance, restoration, reconstruction of the premises,or removal of any part or parts of the premises,that in tate opinion of Airport are not in a safe, healthy, or satisfactory condition or are in violation of this Rental Agreement or any applicable statute,ordinance,resolution,regulation,order,policy or lease. Except where Airport determines emergency conditions exist, Airport shall give written notice to .tenter twenty-four(24) hours prior to entering renter's T:Hangar, specifying the data and time of such entry. Whether or not Renter can be present Airport shall have the right to enter the T-Hangar on the day and time specified in the notice. Airport shall have the right to enter the T-Hangar at any time without prior notification if Airport deems necessary for emergency purposes. If such entry by Airport discloses that Renter's T Hangar, or any part thereof, is not in a safe, healthy. or satisfactory condition or is in violation of this Rental Agreement or any applicable 7 SEP. 10.2004 1:58PM CCC PUBLIC WORKS N0.015 P. 10 l�AMPLE statute, ordinance, resolution, regulation, order, policy or lease, Airport may, at its sole option and discretion, (1) perform such repairs, maintenance, restoration, reconstruction or removal as is necessary in the opinion of Airport to restore the promises to a condition satisfactory to the Airport, at Airports expense-, or(2) provide written notice to Renter of such conditions or violations and require Renter to cure or correct any or all such conditons,at Renter's expense. In the event that Ranter fails to cure or correct such conditions as directed by Airport within three (3) days, Airport may thereafter have any necessary repairs, maintenance, restoration, reconstruction,of removal done for Renter, at Renter's expense. Upon delivery by Airport to Renter of a statement of the cost of such repairs, maintenance, restoration, reconstruction or removal, Renter shall promptly pay, as Additional Rent, any and all costs incurred by Airport, including,without limitation,the reasonable expenses of Airport in having such necessary work done to keep the T-Hangar in a safe, healthy, and satisfactory condition, and to keep the T- Hangar free from violations. 25. GENFRAL.PRVS;QN8. A. Airport reserves the right to further develop or improve Buchanan Field Airport as it sees fit regardless of the desires or views of Renter and without interference or hindrance from Renter, S. Airport reserves the right to take any action it considers necessary to protect the aerial approaches of Buchanan field Airport against obstruction. C. The failure or delay of Airport to strictly enforce any or oil of the terms and conditions of ttft Rental Agreement shall not operate as, or be deemed, a waiver of any rights or remedies accruing by law or by this Rental Agreement to Airport by reason of any subsequent breach. D., If ariy provision in this Rental Agreement is held to be invalid by any court of competent jurisdiction, the invalidity of any such provision shall not materially prejudice either Airport or Renter regarding their respective rights and obOgatlor)s contained in the valid provisions of this Rental Agreement,which shall otherwise remain effective and binding. E. Subject to provisions in this Rental Agreement on assignment and subletting,the terms and conditions of this Rental Agreement shall apply to and bind all Renter's successors- in-interest regardless of the legal title of said successors-in,interest. 26. !,AWFUL CONDUCT: Renter shell obey and observe, and shall ensure that all persons entering upon the premises obey and obaefve, all the terms and conditions of this Rental Agreement and all statutes, ordinances, resolutions, regulations, orders, and policies now in existence or adopted from time to time by the United Statea.the State of California,the County of Contra Costa, and other government agencies with jurisdiction over Buchanan Field Airport relating to the use of the premises and applicable thereto,including,but not limited to,statutes, ordinances, resolutions, regulations. orders, and policies with respect to health, safety, fire, police, and the environment Failure to follow such statues, ordinances, resolutions, regulations, orders,and policies as well as the tern-is and conditions of this Rental Agreement shall be a material breach of this Rental Agreement. Renter shall be responsible for paying any fines or charges that may be levied by any government agency for any violation of said statutes, ordinances. regulatitons, orders, and policies arising out of the operations of Renter or its officers, employees, agents, contractors, guests,or invitees. 27. QgfAULJ-. The parties consider each and every term. covenant and condition of this Rental Agreement to be material and reasonable. In the event that Renter (1) makes a general assignment for the benefit of creditors; (2) files a voluntary petition in bankruptcy or is adjudicated as bankrupt; (3) loses possession of the premises by means of any attachment, execution or receivership; (4) abandons the premises: or (5) otherwise defaults in the performance of any other term,covenant or condition of this Rental Agreement,Airport may,at its option, serve a three-day notice specifying the nature of the default and demanding that Renter cure the default if the default can be cured. If Renter fails to cure a curable def-jutt within three4ay pe bd or if the default is not curable. Airport at its option may exercise any and all remedies available to Airport under law or equity,all of such rights and remedies to be SEP.10.c 004 1:58PM CCC PUBLIC WORKS N0.015 P. 11 MPL ff cumulative and not exclusive, and may declare that the tenancy is terminated and that all of Renter's rights under this Rental Agreement are foifeited. 28. cumULATVF—RIGHTS AND REMEDIES: The rights and remedies with respect to any of the terms and conditions of this Rental Agreement shall be cumulative and not exclusive and shall be in addition to all other rights and remedies at law or in equity. Each right or remedy shall be construed to give it the fullest effect allowed in law. 29. SIU C NT ING WAIVER The waiver by Airport of any breech of any of the terms or conditions of this Rental Agreement shall not,constitute a continuing waiver or a waiver of any subsequent breach of the some or of any other terms or conditions of this Rental Agreement. The receipt by Airport of any Monthly Rent or Additional Rent with knowledge of the breach of any term or condition of this Rental Agreement shall not be deemed to be a waiver by Airport, unless such waiver is specifically expressed in writing by the Director of Airports. too payment by Renter or receipt by Airport of a lesser amount than the Monthly Ment or Additional Rent due shall be deemed to be other than a payment on account of such rents and shall not be deemeda waiver of notice of termination and of forfeiture of this Rental Agreement. 30. NOTICES: A. Alt notices (including requests, demands, approvals, or ether communications) under this Rental Agreement shall be in writing. B. Notice shall be sufficiently given for all purposes as fellows: (1)When mailed by United States first class snail with postage prepaid. notice shall be deemed delivered three (3) business days after deposit in the United Mates mail. (2)When mailed by certified mail with return receipt requested, notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt. (3)When delivered by overnight delivery by a nationally recognized overnight courier, notice shall be deemed delivered one (1) business day after deposit with that courier. (4)When personally delivered, notice shell be deemed delivered on the slate personally delivered. C. The place for delivery of all notices given under this Rental Agreement shall be as follows: Renter. Airport: Director of Airports Public Warks Department Contra Costa County 550 Sally Ride Drive Concord,CA 94520 or to such other address as Renter and Airport may respectively designate by written notice to the other. 31. ENTIRE AGREEMENT: This Rental Agreement contains tate entire agreement between the parties relating to the rights herein granted and the obligations herein assumed and supersedes ail other agreements between the parties on the subject matter of this Dental Agreement. No alterations or variations of this Rental Agreement shall be valid listless they are in whiting and signed by Airport and Renter. 32. OMICE OF LAW; This Rental Agreement shall be Interpreted and enforced under the laws of the State of California,with ventre in the Superior Court of Contra Costa County,California. 33. TIME IS OF THE ESSENCE for each provision in this Rental Agreement. AIRPQRT RENTER COUNTY OF CONTRA COSTA 9 ...................................................................... ....................................................................................... .............................................................. . ................... SEP. 10.2004 1:59PM CCC PUBLIC- WORKS NO.015 P.12 By By Director of Airports Print Name RECOMMENDED IzOR APPROVAL: ay By Keith Freitas Assistant Director of Airports Print Name Approved as to Form: Silvano S.Marchesi County Counsel By By Linda Wflc*x Deputy County C*unse) Print Name SEP.10.E004 1:59PM CCC PUBLIC WORKS N4.015 P.13 Exhibit A RENTER AND AIRCRAFT iNFORMAT#ON ECRM 1. RENM iNFQBMATiON: Name. %of aircraft owned or[eased: Address: City State Zip Horne Phone; Work Phone: Drivers License Number State Z. AIRCRAFT[NS,}L"+GE CA R [ R: Name and Address of Braker. Phone Number: 3 INFORMATION: The following infwmatinn pertains to the aircraft to be stored in the hangar. Manufacturer. Model: AIC#i4 d. AlRCRAiT REGISTERED TO: NAME: ADDRESS: city State Zip Home Phone: Work Phone:. ., S. $PACE ASSIGNMENT: T-Hangar Space#- G. T44ANDAR LOCK: Lock# Number of keys issued: Date• Renter In[tlals• Airport initials: 7. C04RENTER tRE01 MA'fION 6 a lcablo); A. Name: %of aircraft owned or leased: Address: City State Zip !tame Phatse: Work Phone: Dr rv—SR!.icer riv Number state 11 SEP.10.2004 1:59PM CCC PUBLIC WORKS N4.015 P. 14 B. Name: %of aircraft owned or leased' Address• city Mate ZIP Rome Phone: ------- Work Phone; Driver's License Number State C. Name. "tu of aircraft owned or leased: Address` City State Zip Home Phone: Worn Phone: Drlv*r*s License Number State 12