HomeMy WebLinkAboutMINUTES - 08082006 - C.11 ,f
TO: BOARD OF SUPERVISORS Contra
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR Costa
DATES August 8, 2006 County
sra cotixT'
SUBJECT: ADOPT the Sally Ride West,Buchanan Field Development Project Mitigated Negative Declaration
and Mitigation Monitonng Program in compliance with the California Environmental Quality Act,
Pacheco Area(District N);and APPROVE and AUTHORIZE Execution of a Long-Term Lease and
Development Terms with DHI Northwest Hangar, LLC for the Sally Ride West Buchanan Field
Development Project, Pacheco Area. (District IV) [CDD-CP# 06-36; Project No. 4841-6X5354]
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATIONS:
A. CONSIDER all comments received on the Sally Ride West, Buchanan Field Development Project
Mitigated Negative Declaration and the staff responses thereto, and
B. FIND that, on the basis of the whole record,there is no substantial evidence that the Sally Ride West,
Buchanan Field Development Project,with the mitigation measures,will have a significant effect on the
environment and that the Mitigated Negative Declaration reflects the County's independent judgment
and analysis, and
C. ADOPT the Mitigated Negative Declaration for the Sally Ride West, Buchanan Field Development
Project, finding that it is adequate and complete and was prepared consistent with the California
Environmental Quality Act ("CEQA") and State and County CEQA Guidelines, and specify that the
Public Works Department(located at 255 Glacier Drive, Martinez)is the custodian of the documents
and other material which constitute the record of proceedings upon which this decision is based, and
l J
Continued on Attachment: X SIGNATURE:
_/RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_L,t-"PROVE OTHER
SIGNATURE(SIQL6r—� -4Aweno�1
ACTION OF BO ON O o 6 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPE ISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE
AYES: NOES: BOARD OF SUPERVISORS ON THE DATE
ABSENT: ABSTAIN: SHOWN.
orig.nrv: Public Works(Airports Division) ATTESTED: 00'9� aeAW(o
coma.. Beth Lee,Phone(925)646-5722
u: County Administrator JOHN CULLEN,C C OF THE B ARD OF
Auditor-Controller SUPERVISORS AND COUNTY
Community Development ADMINISTRATOR
Public Works Director
Public Works Accounting By Deputy
Federal Aviation Administration
,
SUBJECT: ADOPT the Sally Ride West, Buchanan Field Development Project Mitigated Negative Declaration
and Mitigation Monitoring Program in compliance with the California Environmental Quality Act;and
APPROVE and AUTHORIZE Execution of a Long-Term Lease and Development Terms with DHI
Northwest Hangar,LLC for the Sally Ride West Buchanan Field Development Project,Pacheco Area.
(District IV) [CDD-CP# 06-36; Project No. 4841-6X5354]
DATE: August 8, 2006
PAGE 2 of 4
D. ADOPT the Mitigated Monitoring Program and DIRECT the County Administrator's Office in
conjunction with the appropriate County departments to ensure that all Mitigation Measures are fully
implemented (refer to Exhibit A), and
E. APPROVE and AUTHORIZE the Public Works Director, or designee, to EXECUTE, on behalf of
the County, a forty-year ground lease between the County, as Landlord, and DHI Northwest Hangar,
LLC (f/k/a JHB Hangar, LLC) as tenant, in the amount of$500 per month during construction and
$1,781 per month thereafter with incremental increases, for the lease of approximately 0.86 acres of
land and corporate hangar construction thereon on the west side of the Buchanan Field Airport and
north of the Airport Offices,known as the Sally Ride West,Buchanan Field Development Project, for
the period of August 8, 2006 to August 7, 2046, and
F. DIRECT the Community Development Department to file a Notice of Determination with the County
Clerk and AUTHORIZE the Public Works Director to arrange for a payment of$25 to Community
Development for processing and a$25 fee to the County Clerk for filing the Notice of Determination,
and DIRECT the Public Works Director to arrange for the$1,250 Department of Fish and Game filing
fee to be transferred to the County Clerk.
II. FINANCIAL IMPACT:
There is no negative impact on the General Fund. The Airport Enterprise Fund will fund all costs associated
with the project and will ultimately,recoup costs after development is completed by receiving lease and other
revenues and the County General Fund will receive property,sales and possessory interest tax revenues from
this development.
III. REASONS FOR RECOMMENDATION/BACKGROUND:
The project is needed in order to accomodate demand at the Airport for additional general aviation aircraft
facilities and services.
I
The project consists of an infill aviation operation that will include personal aircraft storage and
maintenance, as well as administrative activities such as flight planning. The operation includes
approximately 15,500 square feet of hangar space and 5,000 square feet of office area, storage, mechanics
area,bathrooms and a kitchenette. The northern portion of the site adjacent to the existing taxiway will be
paved to provide a continuation of the existing 60-foot-wide taxiway across the northern site boundary.
Vehicle parking and frontage landscaping will be provided south of the building. Utility systems (water,
electricity, gas, sanitary sewer and phone/cable) will be connected into the hangar building, and storm
drainage improvements will be implemented to accommodate the development. A portion of the facility
may be leased to tenants who will provide compatible commercial aviation activities such as aircraft
brokerage and charter operations.
SUBJECT: ADOPT the Sally Ride West, Buchanan Field Development Project Mitigated Negative Declaration
and Mitigation Monitoring,Program in compliance with the California Environmental Quality Act,
Pacheco Area [CDD-CP#' 06-36] (District IV) Project No. 4841-6X5354; and APPROVE and
AUTHORIZE Execution of a Long-Term Lease and Development Terms with DHI Northwest Hangar,
LLC for the Sally Ride West Buchanan Field Development Project, Pacheco Area. (District IV)
DATE: August 8, 2006
PAGE 3 of 4
The project has been determined to be in compliance with the General Plan. A Mitigated Negative
Declaration of environmental significance pertaining to this project was published on June 15, 2006. The
Board has considered the Mitigated Negative Declaration together with all comments received during the
public review period.
The Sally Ride West, Buchanan Field Development Project proposed by DHI Northwest Hangar, LLC is
approximately 0.86 acre parcel of land owned by the County and located on the westerly side of Sally Ride
Drive and north of the County Airport offices as shown on the attached parcel page.The parcel is proximate
to the Buchanan Field runways and adjacent to other uses. The parcel is designated for aviation use on the
Buchanan Field Master Plan.The parcel is under the jurisdiction of the Buchanan Field Airport and entirely
within the unincorporated County;.
In June 2004, the Contra Costa County Public Works—Airports Division received two letters of interest
from private parties to develop the 0.86 acre project on the subject site. The proposed development concepts
included aviation uses such as hangar space, a maintenance facility and office space. In accordance with
prior discussions with the Federal Aviation Administration's (FAA) Airports District Office (ADO)
regarding development at Buchanan Field, the County notified existing commercial tenants at Buchanan
Field and Byron Airport to solicit other competitive interest in the property. The County also published a
solicitation advertisement in the Contra Costa Times and San Francisco Chronicle,business section in the
Sunday editions on July 18, 2004, to broaden the solicitation of competitive interest. The development
solicitation letter and publication process provided a response deadline of August 6, 2004. No additional
letters of interest were submitted and the original business interests later withdrew their interest in the
developing of this property.
On May 2, 2005,Airport staff circulated an open solicitation announcement for this property whereby the
solicitation process would remain ipen
until a qualified applicant and development proposal was selected.
Airport staff received a qualified applicant and development proposal from DHI Northwest Hangar,LLC on
September 26, 2005, for the 0.86 acre of land. The proposal includes an approximate 19,000 square foot
corporate hangar for single piston and turbo-prop engine aircraft,twin piston and turbo-prop engine aircraft
and potentially small jet aircraft. The number of aircraft to be stored will depend upon the ultimate hangar
size and the type of aircraft,with an anticipated range of 1 to 12 aircraft in total.The lessee also anticipates
that aircraft storage,maintenance and administrative activities related to the aviation purpose be available at
this development.
On October 11,2005,the Board authorized staff to negotiate lease terms for this hangar development. This
lease is consistent with other airport leases.Executing a lease will expand economic development activity at
the Buchanan Field Airport,provide additional revenues to the Airport Enterprise Fund, and allow Contra
Costa County to expand aviation related business available at the airport.The business proposal is consistent
with the Airport Master Plan and General Plan.
l
SUBJECT: ADOPT the Sally Ride West, Buchanan Field Development Project Mitigated Negative Declaration
and Mitigation Monitoring Program in compliance with the California Environmental Quality Act,
Pacheco Area [CDD-CP# 06-36] (District IV) Project No. 4841-6X5354; and APPROVE and
AUTHORIZE Execution of a Long-Term Lease and Development Terms with DHI Northwest Hangar,
LLC for the Sally Ride West Buchanan Field Development Project, Pacheco Area. (District IV)
DATE: August 8, 2006
PAGE 4 of 4
IV. CONSEQUENCES OF NEGATIVE ACTION:
Delay in approving the project will result in a delay of developing vacant land at Buchanan Field Airport and
may negatively impact general aviation aircraft facilities, services, Airport demand needs and the Airport
Enterprise Fund and County General Fund.
I
CONTRA PUBLIC WORKS DEPARTMENT
COSTA INITIAL STUDY
COUNTY OF ENVIRONMENTAL SIGNIFICANCE
PROJECT # W05354
CP# 06-36
PROJECT NAME: Sally Ride West, Buchanan Field (DHI Hangars)
t �
PREPARED BY: Leigh Chavez �� DATE: May 3, 2006
1.
APPROVED BY: .`� '( C-�-o DATE: ,J a'[ W- l�
RECOMMENDATIONS:
( ) Categorical Exemption (Class ) ( ) Negative Declaration
( ) Environment Impact Report Required ( ✓) Mitigated Negative Declaration
The project will not have a significant effect on the environment. The recommendation is
based on the following: The is no substantial evidence that the project or any of its
aspects may cause a significant effect on the environment (Sec. 15070(b) (1 and 2)).
What changes to the proje i t would mitigate the identified impacts. NIA
USGS Quad Sheet Walnut Cr eek Base Map Sheet# G14, H14 Parcel # 125-010-023
GENERAL CONSIDERATIONS:
1. Location: The project it located on Sally Ride Drive at the Buchanan Field Airport in
Concord (APN 125-010-023).
2. Project Description: The proposed project is located at Buchanan Field Airport on
approximately 0.86 acre of undeveloped land on the west side of the Airport, north of the
County Airport offices, within the area designated for corporate hangars on the Airport
Layout Plan (ALP). The project consists of the development of vacant land at Buchanan
Field Airport (Airport) to accommodate demand at the Airport for additional general
aviation (GA) aircraft facilities and services, such as charter operations and flight
planning. The parcel area is commonly known as Sally Ride West.
The proposed operation is an infill aviation project that will consist of personal aircraft
storage and maintenance, as well as administrative activities such as flight planning.
The proposed operation includes approximately 15,500 square feet of hangar space and
5,000 square feet of office area, storage, mechanics area, bathrooms and a kitchenette.
The northern portion of the site adjacent to the existing taxiway will be paved to provide
a continuation of the existing 60-foot-wide taxiway across the northern site boundary.
GAEngSvc\ENVIRO\Airport\Sally Ride WEST\CEQA\Initial Study Cover.doc
Page 1 of 2
Vehicle parking and frontage landscaping will be provided south of the building. Utility
systems (water, electricity, gas, sanitary sewer and phone/cable) will be connected into
the hangar building, anid storm drainage improvements will be implemented to
accommodate the development. A portion of the facility may be leased to tenants who
will provide compatible commercial aviation activities such as aircraft brokerage and
charter operations.
Aircraft types to be storied will include single piston and turbo-prop engine aircraft
(ranging from Cessna 152's to Piper Meridians or Pilatus models), twin piston and turbo-
prop engine aircraft (such as Piper Senecas, Cessna cabin-class twins or Beechcraft
cabin class twins), and small corporate jet aircraft (such as Gates Lear or Citation -
models). Aircraft traffic is estimated to be less than ten trips per week in/out of the
hangar facility on averaIge. Although hangar storage/usage is generally expected to be
less than six single or twin/engine piston aircraft, the site will be able to accommodate up
to eight aircraft at any given time. Equipment that will be on-site in support of the
operation will include a ;tractor for moving aircraft and tools for aircraft maintenance.
Fuel will be obtained from existing airport vendors and will not be stored in bulk at the
hangar facility.
This Initial Study addresses potential environmental impacts associated with operation of
the project, including construction of the proposed development and necessary grading
and building permits, as,well as issuance of the lease necessary to implement/operate
the proposed project and any other discretionary actions required by Contra Costa
County. Real Property transactions and utility relocations may be necessary in support
of this project.
3. Does it appear that any feature of the project will generate significant
public concern? [�] yes [✓ ] no [ ] maybe (Nature of concern):
4. Will the project require approval or permits by other than a County agency?
[-/ ] yes [ ] no Ageecy Name(s): RWQCB General Construction Permit, Bay
Area Air Quality Management District, Federal Aviation Administration
1
5. Is the project within the Sphere of Influence of any city? No
G:\EngSvc\ENVIRO\Airport\Sally Ride WEST\CEQA\Initial Study Cover.doc
Page 2 of 2
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Environmental Checklist Form
1. Project Title: Sally Ride West, Buchanan Field (DHI Hangars)
2. Lead Agency Name and Address: Contra Costa County Community Development Department
651 Pine Street, North Wing - 4th Floor
Martinez, CA 94553
3. Contact Person and Phone Number: Keith Freitas, Director of Airports
Public Works Department—Airports Division
(925) 636-5722
Leigh Chavez, Planner III
Public Works Department— Engineering Services Division
(925) 313-2366
Ichav@pw.cccounty.us
4. Project Location: Sally Ride. Drive, Buchanan Field Airport, Concord, APN 125-
010-023
5. Project Sponsor's Name and Address: Contra Costa County Public Works Department
Airports Division
550 Sally Ride Drive
Concord, CA 94520
6. General Plan Designation: PS — Public/Semi-public
7. Zoning: U — Unrestricted district
8. Description of Project:
The proposed project is located at Buchanan Field Airport on approximately 0.86 acre of undeveloped
land on the west side of the Airport, north of the County Airport offices, within the area designated for
corporate hangars on the Airport Layout Plan (ALP). The project consists of the development of vacant
land at Buchanan Field Airport (Airport) to accommodate demand at the Airport for additional general
aviation (GA) aircraft facilities and services such as charter operations and flight planning. The parcel
area is commonly known as Sally Ride West.
The proposed operation is an infill aviation project that will consist of personal aircraft storage and
maintenance, as well as administrative activities such as flight planning. The proposed operation includes
approximately 15,500 square feet of hangar space and 5,000 square feet of office area, storage,
mechanics area, bathrooms and a kitchenette. The northern portion of the site adjacent to the existing
taxiway will be paved to provide a continuation of the existing 60-foot-wide taxiway across the northern
site boundary. Vehicle parking and frontage landscaping will be provided south of the building. Utility
systems (water, electricity, gas, sanitary sewer and phone/cable) will be connected into the hangar
building, and storm drainage improvements will be implemented to accommodate the development. A
portion of the facility may be leased to tenants who will provide compatible commercial aviation activities
such as aircraft brokerage and charter operations.
Page 1 of 29
Aircraft types to be stored will include single piston and turbo-prop engine aircraft (ranging from Cessna
152's to Piper Meridians or Pilatus models), twin piston and turbo-prop engine aircraft (such as Piper
Senecas, Cessna cabin-class twins or Beechcraft cabin class twins), and small corporate jet aircraft (such
as Gates Lear or Citation models). Aircraft traffic is estimated to be less than ten trips per week in/out of
the hangar facility on average. Although hangar storage/usage is generally expected to be less than six
single or twin/engine piston aircraft, the site will be able to accommodate up to eight aircraft at any given
time. Equipment that will be on-site in support of the operation will include a tractor for moving aircraft
and tools for aircraft maintenance Fuel will be obtained from existing airport vendors and will not be
stored in bulk at the hangar facility.
This Initial Study addresses potential environmental impacts associated with operation of the project,
including construction of the proposed development and necessary grading and building permits, as well
as issuance of the lease necessary to implement/operate the proposed project and any other
discretionary actions required by Contra Costa County. Real Property transactions and utility relocations
may be necessary in support of this project.
9. Surrounding Land Uses and Setting: The project site is surrounded by aviation related uses.
It is bounded by Sally Ride Drive to the south, Marsh
Drive to the west, and existing hangar facilities to the
north and east.
10. Other public agencies whose approval Bay Area Air Quality Management District, Contra
(e.g., permits, financing approval, or Costa County Health Department — Hazardous
participation agreement). Materials Division, Regional Water Quality Control
Board General Construction Permit, Federal Aviation
Administration
Page 2 of 29
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Land Use & Planning Transportation/Circulation Public Services
Population & Housing Utilities & Service
Biological Resources Systems
Geological Problems I Energy& Mineral Resources Aesthetics
X Water Quality/Hydrology X Hazards Cultural Resources
X Air Quality X Noise Recreation
Mandatory Findings of No Significant Impacts
Significance Identified
Page 3 of 29
DETERMINATION
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared .
I find that although the proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because the mitigation measures described on an attached sheet have been
X added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1)
has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been
addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is
a "potentially significant impact' or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there WILL NOT be
a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in
an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier
EIR, including revisions or mitigation measures that are imposed upon the proposed project.
/I
06
Signature ✓ Date
/ Contra Costa County
L S�U, Vv Ct -S Community Development Department
Print Name
Page 4 of 29
SOURCES
In the process of preparing the Checklist and conducting the evaluation, the following references (which are
available for review at the Contra Costa County Public Works Department, 255 Glacier Drive, Martinez) were
consulted:
1. The (Reconsolidated) County General Plan (July 1996) and Draft EIR on the General Plan (September
1990)
2. Contra Costa County Important Farmland Map 1998, California Department of Conservation Division of
Land Resources Protection, 1999
3. Field reviews and Project Description (including coordination with Airport staff)
4. Soil Survey of Contra Costa County, Soil Conservation Service, 9/77
5. Contra Costa County Flood Insurance Rate Zone Information Map, GIS
6. Historical Use of Buchanan Field Airport (Dovzak, 06/30/05) — Phase I Site Assessment
7. Contra Costa County Orthophoto and GIS data, Buchanan Field Airport
8. Buchanan Field Airport Development Project, Contra Costa County, Initial Study/Mitigated Negative
Declaration including commentsland responses, Environmental Science Associates, March 11, 2003
9. California Natural Diversity Database, California Department of Fish and Game, September 2005
10. Buchanan Field Airport Master Plan Study, Final Technical Report, September 1990
11. Buchanan Field Airport EIR/EA� Airport Master Plan Update, Airport Access Plan Amendment, Golf
Course Lease, General Plan Amendment, Circulation Improvements and Related Implementation, SCH
89020711, January 1990
Page 5 of 29
EVALUATION OF ENVIRONMENTAL IMPACTS:
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
I. AESTHETICS. Would the proposal
a. Have a substantial adverse effect on a scenic
vista? X
b. Substantially damage scenic resources,
including, but not limited to, trees, rock,
outcroppings, and historic buildings within a
state scenic highway? X
c. Substantially degrade the existing visual
character or quality of the site and its
surroundings: X
d. Create a new source of substantial light or
glare, which would adversely affect day or
nighttime views in the area? X
SUMMARY: Less Than Significant Impact
The project site is located in the northwestern stern portion of Buchanan Field Airport in Contra Costa County. The
Airport is designated as "Public Semi-Public" by the Contra Costa County General Plan to reflect its aviation
use. The project site is bordered by tall landscape shrubbery and trees and Marsh Drive to the west, Sally
Ride Drive to the south (with vacant land beyond), and existing corporate hangars to the north and east.
The proposed project will result in a visual change to the project site since it will include construction of an
approximately 15,000 square foot building and associated surface parking on a currently vacant site.
However, the project would be located in an area that has already been developed for airport uses. Because
the proposed development would occur within the existing airport footprint, further development would not be
expected to obstruct predominant visual elements of the area that include views to Mount Diablo, the East Bay
hills and the adjacent open or lightly developed areas. The parcel is surrounded on the north and east by
existing structures, to the west by Marsh Drive and to the south by Sally Ride Drive. Construction of the
building will not block any existing scenic views. The architectural style and scale of the proposed project
would be consistent and compatible with the general character of the surrounding area, and other existing
"warehouse-type" buildings.
The segment of SR-4 north of the Airpo and the segment of SR-242 east of the Airport are designated as
scenic highways in the Contra Costa County General Plan. However, since these segments are more than a
mile from the closest points on the project site, the proposed project would not substantially affect the scenic
value of these highways.
The proposed project will include fixed exterior lighting typical of aircraft hangar and parking spaces to
highlight the ramp and parking areas as well as the surface parking lot. Lighting will also be located at parking
entrance points, to promote safety. All lighting installed at the project site would match existing lighting at the
existing hangars and would be in compliance with all applicable FAA regulations and local building codes. The
Page 6 of 29
applicant would be required to submit a detailed exterior lighting plan to the County for review and approval
prior to issuance of a building permit. All exterior lighting would be "task-oriented" (i.e. directed on-site) and
would not result in excessive glare. Therefore, the project would not result in adverse light or glare impacts to
the surrounding area.
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
ll. AGRICULTURAL RESOURCES.1 In determining
whether impacts to agricultural resources are
significant environmental effects, lead agencies
may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997)
prepared by the California Dept. of Conservation
as an optional model to use in assessing impacts
on agricultural and farmland. Would the project:
a. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide, Importance (Farmland),
as shown on the maps prepared pursuant to
the Farmland Mapping and Monitoring Program
of the California Resources Agency, to non-
agricultural use? I X
b. Conflict with existing zoning for agricultural use,
or a Williamson Act contract? X
c. Involve other changes in the existing
environment, which, due to their location or
nature, could result in conversion of Farmland,
to non-agricultural use? X
SUMMARY: No Impact
The project site is located within the limits of the existing developed airport and is not used for agricultural
purposes; therefore the project would have no impact on agricultural resources. The proposed project would
not convert any prime farmland, unique farmland or farmland of statewide importance. The Contra Costa
County Important Farmland Map categorizes the Airport as Urban/Built-up Land. No part of the project site has
an agricultural zoning or is under a Williamson Act contract. The project would not result, directly or indirectly,
in the conversion of farmland to non-agricultural use.
Page 7 of 29
1
Potentially
Sionificant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
III. AIR QUALITY. Where available, the significance
criteria established by the applicable air quality
management or air pollution control district may be
relied upon to make the following determinations.
Would the project:
a. Conflict with or obstruct implementation of the
applicable air quality plan? ( X
b. Violate any air quality standard or contribute to
an existing or projected air quality violation? X
c. Result in a cumulatively considerable net
increase of any criteria polluta,t for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard (including releasing emissions which
exceed quantitative thresholds for ozone
precursors)? X
d. Expose sensitive receptors to substantial
pollutant concentrations? X
e. Create objectionable odors affecting a
substantial number of people? X
SUMMARY: Potentially Significant Unless Mitigated
Project construction would generate dust from sources such as earthmoving activities and vehicle travel over
unpaved surfaces, and lesser amounts 'of other pollutants from the operation of heavy equipment, construction
machinery (primarily diesel operated) a d construction worker automobile trips (primarily gasoline operated).
Construction-related dust emissions would vary from day to day, depending on the level and type of activity,
silt content of the soil, and the weather. As a result, local visibility and particulate concentrations may be
adversely affected on a temporary basis during the construction period. In addition, larger dust particles would
settle out of the atmosphere close to the construction site resulting in a potential soiling nuisance for adjacent
uses. Implementation of dust control practices including general watering of exposed areas and/or use of
chemical stabilizers will be used to minimize air quality impacts. The temporary, negligible deterioration of
ambient air quality at the construction site will have no potentially adverse long-term impacts to air quality.
With the implementation of a dust abatement program (Mitigation Measure AIR-1, below), this temporary
impact would be reduced to a less than significant level.
Mitigation Measure AIR-1: During construction, the applicant shall require their construction contractor
to implement the following dust abatement program. This program reflects BAAQMD recommendations
for construction sites, such as the project site, that are smaller than 4 acres in size.
1. Water all construction) areas at least twice a day.
2. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain
at least two feet of freeboard.
3. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved
access roads, parking areas and staging areas at construction sites.
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4. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas
at construction sites!
5. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent
public streets.
With implementation of this mitigation measure, particulate emissions related to project construction
would not violate any air quality standard or contribute substantially to an existing or projected air
quality violation.
Construction activities would also result in the emission of other pollutants from equipment exhaust,
construction-related vehicular activity and construction worker automobile trips. Emission levels for
construction activities would vary depe i ding on the number and type of equipment, duration of use, operation
schedules, and the number of construction workers. Criteria pollutant emissions of Reactive Organic Gases
(ROG) and Nitrogen Oxides (NOx) from these emission sources would incrementally add to the regional
atmospheric loading of ozone precursors during project construction. The Bay Area Air Quality Management
District (BAAQMD) CEQA Guidelines recognize that construction equipment emits ozone precursors, but
indicate that such emissions are included in the emission inventory that is the basis for regional air quality
plans. Therefore, construction emission Is are not expected to impede attainment or maintenance of ozone
standards in the Bay Area (BAQMD, 1999). The impact of ozone precursor-emissions would therefore be less
than significant. Nevertheless, in order to minimize potential impacts due to construction activities, contract
specifications will stipulate the use of properly tuned equipment and the elimination of unnecessary idling of
equipment when not in use.
Long term emissions associated with the proposed project would primarily be from an increase in the number
of aircraft using Buchanan Field airport, related activities such as fueling and maintenance of aircraft, as well
as minimal increases in emissions from project related motor vehicle trips. Operational emissions associated
with the project would not be expected to generate criteria pollutant emissions greater than BAAQMD's
thresholds of significance. Therefore project emissions would not conflict with or obstruct implementation of
the applicable air quality plans for the Bay area.
In addition to the criteria air pollutants discussed above, the California Air Resources Board has identified a
number of toxic air contaminants (TACs) that can be released from mobile and stationary sources. Pollutants
are considered TACs if they are suspected human carcinogens, or if they can produce non-cancer outcomes
from either acute or chronic exposure. The BAAQMD has established a significance threshold of 10 in one
million for carcinogens and a Hazard Index of 1 (one) for non-carcinogens. These thresholds of significance
are consistent with the public noticing requirements under AB2588 and Proposition 65. In response to
comments received on the CEQA analysis for a recent similar but larger project than the currently proposed
project (Buchanan Field Development Project, March 2003), the environmental consultant estimated the total
incremental risk from carcinogenic toxics at 0.162 in a million. They further estimated the Hazard Index (HI)
for non-carcinogens at 0.039. These values are well below the 10 in a million threshold for carcinogens and
the HI of 1 for non-carcinogens recommlended by the BAAQMD; therefore, it was concluded that the TAC
emissions and related health impacts of the previously analyzed project would be less than significant. Based
on the similarity of the proposed project'(in use) to the previously analyzed project, the degree to which the
previous project was below threshold levels, and the size of this project relative to the previously analyzed
project (roughly half the size), it is clear that the currently proposed project, as well as cumulative levels of
these pollutants, would also be well below the thresholds set for IACs.
Page 9 of 29
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
IV. BIOLOGICAL RESOURCES. Would the project:
a. Have a substantial adverse effect, either
directly or through habitat modifications, on any
species identified as a candidate, sensitive, or
special status species in local or regional plans,
polices, or regulations, or by thIe California
Department of Fish and Game or U.S. Fish and
Wildlife Service? X
b. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or'regional plans,
policies, regulations or by the California
Department of Fish and Game for US Fish and
Wildlife Service? X
c. Have a substantial adverse effect on federally
protected wetlands as defined by Section 404
of the Clean Water Act (includi'l g, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means? I X
d. Interfere substantially with the movement of
any native resident or migratory, fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites? X
e. Conflict with any local policies or ordinances
protecting biological resources,lsuch as tree
preservation policy or ordinance? X
f. Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
X
SUMMARY: Less Than Significant Impact
The project site, as well as the entire airport, is located in the broad valley formed by Walnut Creek. The
confluence of Grayson and Walnut Creek is located approximately 1.0 mile to the north. The site is currently
an undeveloped area dominated by non native grassland. The topography of the site is consistently flat with
only very minor slopes on the perimeter of the site providing positive drainage of the parcel. The project site is
completely surrounded by highly urbanized area. Immediately to the north and east of the parcel are buildings
associated with the developed airport, south of the parcel is Sally Ride Drive and a vacant parcel within the
airport footprint, and immediately west of the parcel is an access road and Marsh Drive. Beyond the
immediately surrounding parcels is further development. The airport runway network falls generally to the
south and east of the project site, Highway 4 falls to the north of the project site, and a mobile home
community and Interstate 680 fall to the west of the project site.
The project site is dominated by non-native grassland. Grasses typical of this type of habitat include species
such as Italian ryegrass (Lolium mulfiflorum), wild barley (Hordeum murinum ssp. leporinum), and ripgut
Page 10 of 29
brome (Bromus diandrus). Common wildlife species typical of the open grassland habitat types found on-site
include western fence lizard (Sceloporus occidentalis), black-tailed jackrabbit (Lepus californicus), California
ground squirrel (Spermophilus beechey), red-winged blackbird (Agelaius phoenicius), Western meadowlark
(Sturnella neglecta), and mourning dove (Zenaida macroura) (ESA 2002). Vegetation in the area has been
subjected to repeated and ongoing disturbance. Current airport vegetation management in the project area
includes mowing at least twice annually,and the application of herbicides and broad-leaf pre-emergents for the
control of noxious weeds (K. Coyle, March 2006). These maintenance practices are expected to preclude the
establishment of any special status plaits that might otherwise occur in the area.
There is no habitat attractive to special status migratory bird species, such as wetlands or a riparian corridor,
in the immediate vicinity of the project site and there are no trees suitable for nesting birds on-site. However,
on-site grasslands could provide limited potential foraging habitat for special status raptors, such as white-
tailed kite (Elanus leucurus, a California fully protected species). The project would result in the minor
reduction of foraging habitat for such birds; however, since the project site is small (less than an acre), does
not represent a highly productive source of prey, is heavily managed, is surrounded on all sides by structures
or roadways, and does not constitute a sole source of locally available foraging habitat, this impact is
considered less than significant.
Although there are two California Natural Diversity Database (CNDDB, September 2005) sightings of
California tiger salamander within two mules of the project site, there is no appropriate habitat for California
tiger salamander on the proposed project site and the site is completely isolated from appropriate habitat (the
project site is surrounded by development including airport hangar facilities, runways and heavily traveled
roadways and highways. Since there is no available habitat, CTS are not expected to occur on or in the
vicinity of the project site, and no impact to CTS is expected as a result of the project.
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
V. CULTURAL RESOURCES. Would the project:
a. Cause a substantial adverse change in the
significance of a historical resource as
defined in §15064.5? I X
b. Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5? X
c. Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature? X
d. Disturb any human remains, including those
interred outside of formal cemeteries?
X
SUMMARY: Less Than Significant Impact
The project site is currently undeveloped. The site, along with the majority of the airport land, including its
vacant land, has been previously disturbed . The proposed project site was graded several years ago to allow
for construction of surrounding infrastructure (the airport taxiways to the east of the site, airport development
to the north of the site, and surface road (construction to the south and west of the site). Nevertheless, since
Page 11 of 29
archaeological discoveries are possible during any construction project, the lease agreement for the parcel will
require that avoidance and minimization measures be implemented related to discovery of cultural resources,
including informing personnel connected with the project of the possibility of finding archaeological and/or
historical resources, requiring notification of the construction project manager and stopping work within 85 feet
of a discovery, and retention of a cultural resources consultant to provide assistance in the event of a
discovery. in addition, the construction project manager will be made aware that archaeological discoveries
are a possibility on any project site.
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
VI. GEOLOGY AND SOILS. Would the project:
a. Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury, or death involving:
1. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map Issued by the
State Geologist for the area or based on
other substantial evidence of alknown
fault? Refer to Division of Mines and
Geology Special Publication 42. X
2. Strong seismic ground shaking? X
3. Seismic-related ground failure, including
liquefaction? X
4. Landslides? X
b. Result in substantial soil erosion or the loss of
topsoil? X
c. Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on-
or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse? X
d. Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial risks to life or
property? I X
e. Have soils incapable of adequately supporting
the use of septic tanks or alternative waste
disposal systems where sewers are not
available for the disposal of wastewater? X
SUMMARY: Less Than Significant Impact
The Concord fault is considered an active fault in accordance with the Alquist-Priolo Earthquake Zoning Act of
1972. The Concord fault extends along the Walnut Creek Channel immediately to the east of the airport and
Page 12 of 29
is within a delineated Alquist-Priolo Earthquake Fault Zone (EFZ) '. However, no active or potentially active
faults are known to exist on the site anld the potential for surface fault rupture and resulting impact is
considered less than significant.
The project site could experience a range of ground shaking effects during an earthquake on one of the Bay
Area faults. It is likely that the most significant ground shaking would be generated by a major earthquake on
the Concord fault, due to its close proximity to the project site. Earthquakes and ground shaking in the Bay
Area are unavoidable and would be expected to occur at some time during the life of the project. Any potential
damage associated with ground shaking in an earthquake would be dependent upon the design and
construction type of buildings and facilities, the magnitude of the earthquake, the character, duration and
intensity of related ground motion, and the epicenter of the earthquake. Although some structural damage is
typically unavoidable during an earthquake, building codes and construction ordinances have been established
to avoid building collapse and major injlury during a seismic event. The proposed project would be constructed
in compliance with the engineering recommendations in accordance with the seismic requirements of Zone 4
of the 1997 UBC and the California Building Code (Title 24) additions.
In addition to compliance with UBC standards, the applicant will be required to comply with County Building
Inspection Department requirements prior to excavation, grading, or construction activities on the site.
Specifically, normal County practice requires a geotechnical investigation. This report is subject to peer review
by the County, and construction of improvements is required to comply with the provisions of the approved
report. The required report must be submitted to the Public Works Department Airports Division and the
Building Inspection Department to ensu Ire that the buildings are designed and constructed in conformance with
the requirements of all applicable building code regulations, pursuant to standard County procedures.
Considering that the proposed project would be constructed in conformance with the UBC and the Contra
Costa County Building Regulations Code, the risks of injury and structural damage from a known earthquake
fault or ground shaking would be reduced , and the impacts would be less than significant.
Seismic shaking can trigger ground-failures caused by liquefaction. Liquefaction and associated failures could
damage foundations, disrupt utility service, and cause damage to roadways. The County Building Inspection
Department will require a geotechnical investigation of the site. An adequate seismic evaluation to assess
potential seismic hazards, including liqulefaction potential will be conducted in connection with the geotechnical
investigation. The seismic evaluation will develop site-specific design criteria necessary for design of
structures for this seismic region. Compliance with the guidelines and recommendations of this geotechnical
investigation would reduce the risk of injury and property damage resulting from potential liquefaction hazards
to a less than significant level. Design of structures would also be subject to the Uniform Building Code (UBC)
and California Building Code. Chapter 16 of the UBC contains seismic design standards specifically for
aboveground fuel storage tanks. Complilance with these standards would reduce the risk of injury and property
damage due to seismic hazards as well las the risk of upset to potential fuel storage to a less-than-significant
level.
In order to minimize wind or water erosion on the site during construction, the contractor will be required to
submit an erosion control plan to the Building Inspection Department for approval prior to the issuance of
grading and building permits, consistent with standard County practices. The plan would be in effect for a
period of time sufficient to stabilize the construction site throughout all phases of the project. Long-term
erosion potential would be addressed through installation of project landscaping and storm drainage facilities,
both of which will be designed to meet applicable regulations.
1 Alquist-Priolo Zones designate areas most likely to experience fault rupture, although surface fault rupture is not necessarily
restricted to those specifically zoned areas.
Page 13 of 29
I
Because the project site is located on airport property in an urban area, the proposed project would connect to
the existing central sewer system, which provides wastewater collection service for the area. Therefore, the
project would not result in any significant impacts associated with soils incapable of adequately supporting
septic tanks or alternative wastewater disposal systems since neither septic tanks or alternative wastewater
disposal are found in the project vicinity.
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
VII. HAZARDS AND HAZARDOUS MATERIALS.
Would the project:
a. Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials? X
b. Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials Into the
environment? X
c. Emit hazardous emissions or handle hazardous
or acutely hazardous materials,!substances, or
waste within one-quarter mile of an existing or
proposed school? I X
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65862.5 and, as a
result, would it create a significant hazard to the
public or the environment? X
e. For a project located within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, would the project result in a
safety hazard for people residing or working in
.the project area? X
f. For a project within the vicinity of a private
airstrip, would the project result lin a safety
hazard for people residing or working in the
project area? X
g. Impair implementation of or physically interferes
with an adopted emergency response plan or
emergency evacuation plan? X
h. Expose people or structures to a significant risk
of loss, injury or death involving iwildland fires,
including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands? 4 X
SUMMARY: Potentially Significant Unless Mitigation Incorporated
Page 14 of 29
1
Once the site is operational, the proposed project could involve routine use, storage and disposal of
hazardous materials associated with aircraft maintenance activities. Fueling will not occur on the project site
as no fueling facilities will be located on, and aircraft stored at this facility will fuel at other airport locations.
The project sponsor would ensure proper labeling, storage, handling, and use of hazardous materials in
accordance with local, state and federal hazardous materials regulations.
Construction activities would require the use of certain hazardous materials such as fuels, oils, solvents and
glues. Inadvertent release of large quantities of these materials into the environment could adversely impact
soil, surface waters, or groundwater quality. However, the on-site storage and/or use of large quantities of
materials capable of impacting soil and groundwater are not typically required for construction of a project of
the proposed size and type. The use of construction best management practices typically implemented as
part of construction would minimize the potential negative adverse effects of release to groundwater and soils.
These will include the following:
• Follow manufacturer's recommendations on use, storage and disposal of chemical products used
in construction;
• Avoid overtopping construction equipment fuel gas tanks;
• During routine maintenance of construction equipment, properly contain and remove grease and
oils.
• Properly dispose of discarded containers of fuels and other chemicals.
Historically, the small local airfield that j,erved the City of Concord was renamed the Concord Army Airfield
during World War II and restricted to military use. A 1945 military layout map of the airfield showed no sign of
buildings or facilities in the vicinity of the Sally Ride West parcel. In addition, photos from 1946 show the main
airstrips and airfield facilities, but show little build out in the vicinity of the Sally Ride West parcel. In July of
1946 the airport was returned to civilian !use. A 1956 planning map continues to show no construction of
facilities in the vicinity of Sally Ride West, as do aerial photographs from 1969. The parcel is currently vacant.
There are several hazardous materials Sites listed on the Cortese list that fall within the airport boundaries.
These include four listings of Leaking Underground Storage Tanks (LUSTs) on John Glenn Drive which dead
ends on the southeast side of the airport property. These sites are on file with the Regional Board and
identified on the LUST database. According to the database, two of the LUST cases are closed and the other
two are classified as low priority. Groundwater flows in the area would be expected to flow toward the
southeast rather than toward the Sally Ride West parcel since Walnut Creek flows to the east of the airport;
therefore, and potential groundwater contamination as a result of the leaking tanks is not expected on the
Sally Ride West parcel. The proposed project would involve construction of new facilities on the opposite side
of the airport property from these LUST sites and would therefore not disturb these contaminated sites. There
is one UST in the vicinity of (east of) the Sally Ride West parcel; however, it is not listed on the Regional
Board's LUST database, and there is no reason to believe the tank is leaking.
To avoid hazards to the public or the environment in the event of encountering unanticipated hazardous soil,
the following mitigation will be required to reduce this impact to a less than significant level.
Mitigation Measure HAZ-1: The project sponsor will complete Contra Costa County's Hazardous
Waste and Substances Sites StIatement of Certification of Compliance for review by the County's
Health Services Department prior to initiation of construction. If contamination is encountered during
construction, excavated soils would be segregated and sampled relative to the profiling requirements
of the accepting landfill, and disposed of in accordance with policies of the accepting landfill and
applicable regulations. In addition, if any off-site soil is used for backfill it will be certified clean or
sampled to determine if it contains any hazardous substances.
Page 15 of 29
The proposed construction would not conflict with height interference. Specifically the project components
would be outside the clear zone for the runways and would not conflict with the obstruction clearance criteria
established by the FAA in the Federal Aviation Regulations, Part 77.
Buchanan Field Airport has adopted a Wildlife Hazard Management Plan to manage potential wildlife hazards
at and around the Airport. The Plan was implemented following recommendations given by the US
Department of Agriculture in their Ecological Study of Wildlife Hazards at Buchanan Field Airport (An
Ecological Study of Wildlife Hazards atIBuchanan Field Airport, US Department of Agriculture, September
1997). Based on the limited number oflstrikes reported, the study concluded that the wildlife hazards at the
Airport have historically been minimal and recommended ways to further reduce wildlife hazards at the airport.
The Airport maintains a bird hazard pat lrol, which mainly responds to large flocks of blackbirds and gulls, to
haze birds from the airfield with pyrotechnics. Airport personnel also manage the infield grass by mowing it
short in order to discourage wildlife from inhabiting the area. In addition, debris and rubbish and brushy
habitat are systematically removed from the area, further reducing the potential for wildlife hazards.
The project site is within an urbanized area of Contra Costa County and not located adjacent to forests or
areas covered in tall dry brush and grassland vegetation. Any new structures built on the site would be
required to comply with all applicable Fire Code and fire suppression systems, as routinely required by the
County. Therefore, the proposed project would not expose people or structures to significant risks associated
with wildland fires.
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
VIII. HYDROLOGY AND WATER QUALITY.
Would the project:
a. Violate any water quality standards or waste
discharge requirements? X
b. Substantially deplete groundwater supplies or
interfere substantially with groundwater
recharge such that there would Ibe a net deficit
in aquifer volume or a lowering of the local
groundwater table level (e.g., the production
rate of pre-existing nearby wells would drop to a
level which would not support existing land uses
or planned uses for which permits have been
granted)? I X
c. Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river, in a
manner, which would result in substantial
erosion or siltation on or off-site? X
d. Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river, or
substantially increase the rate or amount of
Page 16 of 29
Potentiallv
Significant
Potentially Unless Less than
Significant Mitigation Significant
Imoact Incorooration Imoact No Impact
surface runoff in a manner, which would result in
flooding on- or off-site?
e. Create or contribute runoff water which would
exceed the capacity of existing or planned storm
water drainage systems or provide substantial
additional sources of polluted runoff? X
f. Otherwise substantially degrade water quality? X
g. Place housing within a 100-year flood hazard
area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other
flood hazard delineation map? I X
h. Place within a 100-year flood hazard area
structures, which would impede or redirect flood
flows? X
i. Expose people or structures to a significant risk
of loss, injury or death involving flooding,
including flooding as a result of the failure of a
levee or dam? 1 X
j. Inundation by seiche, tsunami, or mudflow? X
SUMMARY: Potentially Significant Unless Mitigated
Adherence to Best Management Practices (BMPs) for chemical storage would reduce the potential to degrade
water quality of groundwater resources, or contaminate public water supplies, to a less-than-significant level.
Construction of the proposed project would require limited excavation, soil stockpiling and grading. As a result
of these activities, sediment from project-induced on-site erosion could accumulate in downstream drainage
facilities, interfere with flow, and aggravate downstream flooding conditions. In accordance with standard
County practices, and in order to minimize any short-term (construction-related) or long-term impacts on
surface water quantity (i.e. storm water) or quality, the project sponsor would be required to comply with
applicable standards and regulations of Contra Costa County, the requirements of the federal National
Pollutant Discharge Elimination System (NPDES) program and the FAA. In order to ensure compliance with
the NPDES program, a Storm Water Pollution Prevention Plan (SWPPP) must be developed by the applicant
for the construction phase of the project However, the Airport's existing SWPPP includes Best Management
Practices (BMPs) that address any impacts from storm water pollution issues during construction and this
would be applicable to the proposed project. The existing Airport SWPPP for aircraft service facilities includes
compliance measures to protect storm drains, respond to spills, prevent non-stormwater waste from entering
the area watercourses, and prevent solvlent and non-solvent cleaners, aircraft fluids, and certain aircraft wash
water from entering stormwater. BMPs outlined in the Airport's SWPPP and FAA Order 5050.4A would be
applied to the proposed facilities to reduce water quality impacts. With the implementation of SWPPP BMPs,
projected increases in stormwater runo and in contaminant loading in that runoff under the proposed project
would not significantly affect surface water quality at the Airport.
The project site is currently undeveloped l. The proposed project includes construction of approximately 15,500
square feet of hangar space and 5,000 square feet of office area with bathrooms and a kitchenette and
associated paving for a total of roughly 36,010 square feet of impervious area on a site that is currently
unpaved and pervious. A recent amendment (Provision C.3) by the Regional Water Quality Control Board to
the NPDES permit requires additional treatment controls be implemented in order to further limit stormwater
Page 17 of 29
pollutant discharges. As of August 15, 2006 the C.3 requirements will apply to any project that will create
more than 10,000 square feet of impe i ious area. In addition to the SWPPP required by the NPDES permit
which provides for temporary measures to control sediment and other pollutants during construction, a
Stormwater Control Plan must be implemented to specify permanent controls that will last for the life of the
project. Provision C.3 is concerned with permanent, structural BMPs, including structural pollutant source
control BMPs, permanent features of landscape and site design, and water quality treatment BMPs. Contra
Costa County has adopted a stormwater ordinance that codifies the new C.3 regulations.
If the project will be approved on or after August 15, 2006, the following mitigation measure must be
implemented:
Mitigation Measure HYD-1: Consistent with the County's newly adopted stormwater ordinance, the
applicant must prepare a Stormiwater Control Plan that meets the criteria of the most recent version of
the Contra Costa Clean Water Program Stormwater C.3 Handbook. The Stormwater Control Plan
must demonstrate that the project will incorporate site design characteristics, landscape features, and
BMPs that will minimize imperviousness, retain and/or detain stormwater, slow runoff rates, and reduce
pollutants in post-development runoff to the maximum extent practicable. The plan can incorporate
features such as drainage inlet inserts, vegetated swales, biofilters, and stormwater planters to reduce
the amount of pollutants enterinlg the stormwater system as well as permeable sidewalks and parking
to encourage infiltration and filtering of surface water to reduce pollutants from entering the stormwater
system.
A portion of the parcel lies within (but on the edge of) the 100-year flood plain of Grayson Creek as
determined by the Federal Emergency Management Agency (FEMA) flood hazard mapping. The proposed
structure is not residential in nature, nor would it be expected to significantly impede or redirect floodflows
(based on its location on the edge of the floodplain). Nevertheless, the Contra Costa County Floodplain
Manager (R. Lierly, pers. com. 03/01/06) determined that construction of the hangar in the floodplain would
require compliance with the Floodplain Management Ordinance. Therefore, one of the following two mitigation
measures will need to be complied within order to ensure compliance with the ordinance:
Mitigation Measure HYD-2: The structure must be elevated above the floodplain (e.g., with fill) and a
Letter of Map Revision (LOMR) must be obtained from the Federal Emergency Management Agency,
or
Mitigation Measure HYD-3: The structure must be constructed under the requirements of a Building
Permit and a Floodplain Permit. 1The Floodplain Permit will require that the structure be constructed
such that is resistant to flood flows, has adequate entrance and exit points for flood flows, and has
adequate venting.
If Mitigation Measure HYD-2 is chosen to mitigate the impact of building within the 100-yr floodplain, the
ultimate elevation of the building pad must be approved by an engineer to ensure slopes are acceptable for
aviation use.
The project site is located above sea level and is not located in close proximity to levees or dams. Therefore,
people and structures at the project site would not be subject to loss, injury or death from flooding as a result
of the failure of a levee or dam. In addition, inundation by seiche, tsunami and mudflow would not occur at the
project site, which is 26 feet above mea i sea level. There are no water bodies upstream from the project site
(e.g., reservoirs, ponds, canals, etc.) that might experience flood waves in the event of an earthquake. The
proposed project site is not located in an area subject to inundation from seiche. The potential for mudslides
Page 18 of 29
to occur is low due the developed urbanized nature of the surrounding area, flat topography, and relative lack
of exposed slopes.
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
IX. LAND USE AND PLANNING. Would the project:
a. Physically divide an established community? X
b. Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but not
limited to the general plan, specific plan, local
coastal program, or zoning Ordlinance) adopted
for the purpose of avoiding or mitigating an
environmental effect? X
c. Conflict with any applicable habitat conservation
plan or natural community conservation plan? X
SUMMARY: Less Than Significant Impact
The project will be constructed on existing airport facility property and will therefore not divide an established
community. The proposed project will itot conflict with any land use policies or regulations of Contra Costa
County. The project site is zoned "unrestricted" and is located on airport property. This proposed project is a
permitted use under this zoning designation.
The Contra Costa Board of Supervisors adopted the Buchanan Field Airport Master Plan Study ("Master Plan")
in 1990. The potential environmental impacts of the Master Plan, and of certain associated access and
circulation improvements proposed, welreevaluated in an Environmental Impact Report (EIR) certified in 1990.
For purposes of this Initial Study, the proposed project is treated as a project consistent with, but independent
of, the Master Plan, thus requiring separate evaluation and consideration for approval by the County. The
Master Plan noted generally that "[a]dditional space will be needed for expansion in the future" and also that
the "emphasis in westside general aviation development should be on hangars [including 'executive' hangars
i
and corporate and/or specialty hangars]".
The site forms part of the area designated for a corporate hangar site under the Airport Layout Plan (ALP).
The FAA will be given the opportunity to review the consistency of the proposed project with the approved
ALP.
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
impact Incorporation Impact No Impact
X. MINERAL RESOURCES. Would the project:
a. Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state? X
b. Result in the loss of availability of a locally X
Page 19 of 29
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
important mineral resource recovery site
delineated on a local general plan, specific plan
or other land use plan?
SUMMARY: Less Than Significant Impact
The proposed project will be located near developed areas of the Airport. In its existing condition, the site is
undeveloped non-native grassland. The project proposes to locate a corporate aircraft hangar, associated
office and service facilities as well as s uI rface parking at the site. Based on the map of Mineral Resource
Areas in the County General Plan, the project site has no known existing mineral resources. The project
would not require quarrying, mining, dredging, or extraction of locally important mineral resources on site, nor
would it deplete any nonrenewable natural resource.
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
XI. NOISE. Would the project result in.-
a.
n:a. Exposure of persons to or generation of noise
levels in excess of standards established in the
local general plan or noise ordinance, or
applicable standards of other agencies? X
b. Exposure of persons to or generation of
excessive ground borne vibration or ground
borne noise levels? X
c. A substantial permanent increase in ambient
noise levels in the project vicinity above levels
existing without the project? I X
d. A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project? X
e. For a project located within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, would the protect expose
people residing or working in the project area to
excessive noise levels? X
f. For a project within the vicinity of a private
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels? X
SUMMARY: Potentially Significant Unless Mitigated
Page 20 of 29
Potential noise impacts associated with the project could be two-fold. First, the implemented project could
expose sensitive receptors to noise above applicable standards. Second, activities associated with project
construction could lead to an increase in ambient noise levels thereby temporarily affecting existing sensitive
receptors in the project vicinity.
Some land uses are considered more sensitive to ambient noise levels than others. Residences, motels and
hotels, schools, libraries, churches, hospitals, nursing homes, auditoriums, and parks and other outdoor
recreation areas generally are more sensitive to noise than are commercial and industrial land uses. The
nearest sensitive receptors that could be affected by the project are the mobile homes located to the west of
the site along Marsh Drive. The primary effect of the proposed project is expected to be an increase in
ambient noise levels in the vicinity of the project due.to operation of the proposed facility (increased aircraft
and motor vehicle activity). The primary, sources influencing the ambient noise environment at and around the
project site are aircraft operations associated with the Airport and motor vehicle traffic on the adjacent local
roadway network. The aircraft to be added as a result of the proposed project are typical of aircraft in the
current fleet at the Airport or, in certain ilnstances, are quieter than equivalent aircraft now operating at the
Airport. Given the limited number of flights generated by the new facility (the applicant expects 10 or fewer
flights per week out of the facility), and the fact that the use will be compatible with the existing airport noise
environment, this impact is expected to 1be negligible.
The project will be consistent with the applicable land use compatibility standards. Contra Costa County has
prepared and adopted an FAR (Federal lAviation Regulation) Part 150 Airport Noise Compatibility Program for
Buchanan Field Airport under the Aviation Safety and Noise Abatement Act. The program identifies land use
compatibility thresholds, existing and forecast noise exposure conditions and an airport noise compatibility
program. The airport noise compatibility program includes noise impact reduction measures and noise
abatement procedures and measures to remedy existing noise problems and prevent future incompatibilities.
The Federal program identifies 65 Day Night Level (DNL) as the maximum allowable ambient noise level in
residential areas (including mobile home parks). The proposed project will comply with the Airport Noise
Compatibility Program.
The State of California's Airport Noise Standards identify the 65 Community Noise Equivalent Level (CNEL)
contour for aircraft operations at an airport as the significant Noise Impact Boundary. Within the Noise Impact
Boundary, the airport proprietor is required to ensure that all land uses are compatible with the aircraft noise
environment or the airport proprietor must secure a variance from the California Department of Transportation.
The proposed project will comply with the State's Airport Noise Standards.
The Contra Costa County Airport Land Use Commission (ALUC) has adopted a comprehensive land use plan
that establishes restrictions on land uses within designated ALUC impact zone boundaries, as required by the
California Board of Transportation. According to the current noise contours in the Buchanan Field Airport
Land Use Plan (ALUP), some of the mobile homes located to the west of the project site (nearest sensitive
receptors) are located between the 55 and 60 dBA CNEL contours. The ALUC considers a CNEL of up to 65
dB CNEL marginally acceptable. The ALI UP uses an assumption of 230,000 total annual airport operations as
its basis, and the currently proposed project will operate within this assumed level of 230,000 flights.
Since the project will be consistent with the Airport Master Plan, the Airport Land Use Plan adopted by the
Airport Land Use Commission, the Airport Noise Compatibility Program, and the State of California's Airport
Noise Standards, noise impacts due to operation of the proposed project are not expected to be significant.
The project would lead to short-term impacts on the ambient noise environment during construction activities.
Construction is expected to take approximately twelve months. Construction-related activities would
Page 21 of 29
I
temporarily increase ambient noise levels in the project vicinity over the approximate twelve-month period.
Construction-related noise levels at and near locations on the project site would fluctuate depending on the
particular type, number, and duration of use of various pieces of construction equipment. Equipment could
include water trucks, dozer-tractors, scrapers, motor graders, hydraulic excavators, compactors, wheeled
loaders, all-terrain forklifts, cranes, corn pressors, and miscellaneous equipment. Noise levels for the operation
of such equipment are shown in Table N0I-1.
TABLE NOI-1
NOISE LEVELS FROM ON-SITE HEAVY DUTY EQUIPMENT
Equipme I t Description Noise Level, dBA(Leq)
with Controls a (at 50 feet)
b
Water truck 75
Tractor 75
Scraper 80
Motor grader 75
Smooth drum compactor 74
Backhoe or other misc. 75
equipment
Sum of all sources 83
At one mile 43
I
a Estimated levels obtainable by selecting quieter procedures or machines and implementing noise-control features
requiring no major redesign or extreme cost(e.g., improved mufflers, equipment redesign, use of silencers,shields,
shrouds, ducts, and engine enclosures).
b Representative noise level data was taken from Bolt, Baranek, and Newman, Noise from Construction Equipment and
Building Operations, Building Equipment, and Home Appliances, December 1971.
The effect of construction noise would di pend upon the level of construction activity on a given day and the
related noise generated by that activity, the distance between construction activities and the nearest noise-
sensitive uses, and the existing noise levels at those uses.
Table N0I-2 shows typical noise levels generated by construction of commercial buildings. Since pile driving
will not be a necessary component of the construction of this project, the noisiest phases of construction would
generate approximately 89 Leq at 50 feet.
Page 22 of 29
TABLE NOI-2
TYPICAL COMMERCIAL BUILDING
CiNSTRUCTION NOISE LEVELS
Noise Level
Phase (Leq)a
Ground Clearing 84
Excavation 89
Foundations 78
Erection 85
I
Exterior Finishing 89
Pile Driving 90-105
a Estimates correspond to a distance of 50 feet from the noisiest piece of equipment associated with a given phase and
200 feet from the other equipment associated with that phase.
SOURCE: U.S. Environmental Protection Agency, December 1971.
I
The receptors nearest proposed construction activity would be the mobile homes located west of the project
i
site along Marsh Drive. Without mitigation, there is the possibility that temporary increases in noise levels
above the ambient noise levels in the project vicinity could occur during construction possibly exceeding the
standards of the Contra Costa County General Plan. However, Mitigation Measure N0I-1 would mitigate
these effects to a less than significant level.
Mitigation Measure NOI-1: To mitigate construction-related noise impacts to a less than significant
level, the project sponsor would require construction contractors to implement the following measures
throughout the duration of construction tactivity:
• All construction activities (would be limited to between 7:00 a.m. and 7:00 p.m. Monday through
Friday. No construction activities would be allowed on weekends, state and federal holidays
until after the building is enclosed. Following building enclosure, interior tenant improvements
would be allowed on thesIe days/times.
• Equipment and trucks used for project construction would utilize the best available noise control
techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine
enclosures, and acoustically attenuating shields or shrouds) wherever feasible.
• Impact tools (e.g., jack hammers, pavement breakers, and rock drills) used for project
construction shall be hydraulically or electrically powered wherever possible to avoid noise
associated with compressed-air exhaust from pneumatically powered tools. However, where
use of pneumatic tools is unavoidable, an exhaust muffler on the compressed-air exhaust shall
be used; this muffler can lower noise levels from the exhaust by up to about 10 dBA. External
Page 23 of 29
jackets on the tools themselves will be used where feasible, which could achieve a reduction of
5 dBA. Quieter procedures would be used, such as drills rather than impact equipment,
whenever feasible.
Noise impacts from construction-related traffic depend upon the existing ambient noise levels and sensitivity of
the land uses along access roads. On a daily basis, construction traffic would be about 10 worker vehicles,
and.an infrequent truck moving equipment or delivering fuel. This is a very small fraction of normal area
traffic, and noise generated by these vehicles would be difficult to distinguish from the other existing noise
sources. Therefore, construction-related traffic noise impacts would be less than significant.
i Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
XII. POPULATION AND HOUSING. Would the project:
a. Induce substantial population growth in an area,
either directly (for example, by proposing new
homes and businesses) or indirectly (for
example, through extension of roads or other
infrastructure)? X
b. Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere? X
c. Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere? X
SUMMARY: No Impact
I
I
The proposed project site is located on existing airport property where.no housing exists. The proposed
project would have no effect on housing and population, either directly or indirectly. The project does not
create any new housing, induce substantial population growth (directly or indirectly), displace substantial
numbers of existing housing, or necessitate.new housing construction elsewhere.
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
XIII. PUBLIC SERVICES .
a. Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response
times or other performance objectives for any of
Page 24 of 29
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
the public services-
1.
ervices:1. Fire Protection? X
2. Police Protection? X
3. Schools? X
4. Parks? X
5. Other Public facilities? X
SUMMARY: Less Than Significant Impact
The proposed project site is located in aldeveloped urban area already served by public services. The Contra
Costa County Fire Protection District would provide fire protection and emergency medical response services
to the project site. The nearest fire station, Station 9, is located about O.8 miles southwest of the project site
at 209 Center Avenue, Pacheco. The estimated response time to the project site is approximately six minutes.
In accordance with standard County practices, the proposed project would be designed in compliance with
Contra Costa County's Building Code. The Fire Protection District would also review project plans before
building permits are issued to ensure that adequate fire and life safety measures are designed into the project,
in compliance with all applicable state and County fire safety requirements.
The Contra Costa County Sheriff's Department would provide police protection services to the project site. The
Sheriff's Department at Muir Station is headquartered at 1980 Muir Road in Martinez and provides police
protection services to the unincorporated central county area. The average maximum response time to calls
for police protection services at Muir Station is approximately 10 minutes. The project site is located on airport
property, which currently receives police' protection services from Muir Station. As the project would not
increase residential population in the area, it would not create the need for new sheriff facilities.
The Mount Diablo Unified School District (District) operates the public school system in the project area;
however, the project would not result in an increase to the residential population. Therefore, the proposed
project would have no impact on the school district.
i
The project site is approximately '/2 mile from Hayden Park, Hillcrest Community Park, and Buchanan Field
Golf Course. Because these parks are used mostly by residents and the proposed project would not increase
the residential population, increased use is not anticipated. Since the project would not create new residential
population, there will be no need for new or expanded park facilities.
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
XIIII. RECREATION
a. Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would occur
or be accelerated? X
b. Does the project include recreational facilities or
require the construction or expansion of X
Page 25 of 29
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
recreational facilities, which might have an
adverse physical effect on the environment?
SUMMARY: No Impact
Because the proposed project is an airport related use located at an existing airport, and because the project
would not directly cause any increase in the residential population, the project would not affect use of nearby
parks, or otherwise affect recreational facilities.
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
XV. TRANSPORTATIONITRAFFIC. Would the project:
a. Cause an increase in traffic, which is substantial
in relation to the existing traffic Toad and
capacity of the street system (I Je., result in a
substantial increase in either the number of
vehicle trips, the volume to capacity ratio on
roads, or congestion at intersections)? X
b. Exceed, either individually or cumulatively, a
level of service standard established by the
county congestion management agency for
designated roads or highways?i X
c. Result in a change in air traffic patterns,
including either an increase in traffic levels or a
change in location that results in substantial
safety risks? X
d. Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous inter-
sections) or incompatible uses (e.g., farm
equipment)? + X
e. Result in inadequate emergency access? X
f. Result in inadequate parking capacity? X
g. Conflict with adopted policies, plans, or
programs supporting alternative transportation
(e.g., bus turnouts, bicycle racks)? X
SUMMARY: Less Than Significant Impact
The project site will be accessed via Sally Ride Drive, a collector street that provides access to the airport
facilities on the west side of Buchanan Field. Sally Ride Drive intersects Marsh Drive, an arterial road that
carries traffic through the airport. The applicant expects to have between two and six aircraft berthed at the
hangar (with up to eight aircraft possible) . The applicant further expects 10 or fewer flights per week out of the
facility. The increase in traffic resulting from the additional trips due to pilots and employees is not substantial
in relation to the existing traffic load and capacity of the local street system; nor would it have any substantial
affect on existing intersection operations.
Page 26 of 29
The project proposes to provide 20 parking spaces. This number of spaces is expected to provide adequate
parking capacity for the pilots, service employees, and office personnel that are expected to use the project
site, as well as plane passengers.
The proposed project would allow additional aircraft to be accommodated at Buchanan Field, therefore
increasing air traffic that this hangar might facilitate. However, this minor increase remains consistent with the
Airport Master Plan, and the proposed project would not result in a change in air traffic patterns that result in
substantial safety risks.
The project will have adequate emergency access at all times, including during construction. Emergency
access to the facility is available via Sally Ride Drive as well as from the surrounding apron and taxiways.
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
XVI. UTILITIES AND SERVICE SYSTEMS.
Would the project:
a. Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control
Board? I X
b. Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the construction
or which could cause significant environmental
effects? X
c. Require or result in the construction of new
storm water drainage facilities or expansion of
existing facilities, the construction of which could
cause significant environmental)effects? X
d. Have sufficient water supplies available to serve
the project from existing entitlement and
resources, or are new or expanded entitlement
needed? I X
e. Result in a determination by the wastewater
treatment provider, which serves or may serve
the project that it has adequate Icapacity to
serve the project's projected demand in addition
to the provider's existing commitments? X
f. Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid
waste disposal needs? I X
g. Comply with federal, state and local statutes and
regulations related to solid waste? X
SUMMARY: Less Than Significant Impact
Page 27 of 29
The project site is located in an area already served by all public utilities and service systems, including water,
sanitary sewers, storm drains, electrical, land natural gas. However, it is likely that minor on-airport
modifications would have to be made to existing systems to accommodate the proposed project.
Sanitary sewer service for the airport is provided by the Central Contra Costa County Sanitary District. Due to
the low number of expected additional operations, additional wastewater generation would be minimal. The
only new source of wastewater for the project is the proposed bathroom/shower facility in the new hangar. No
substantive change in wastewater quality
would be expected.
The Contra Costa Water District (CCWD) supplies treated water to the Airport. Based on the limited number
of personnel increases proposed by the project, additional water usage is expected to be negligible, and
existing water distribution facilities in the vicinity of the airport would be adequate for the proposed
development. Wastewater collection in the City of Concord and vicinity of the Airport is provided by a
municipal sewerage system and then the effluent is treated by the Central Contra Costa Sanitary District
(CCCSD). Again, based on the limited number of personnel increases proposed by the project, existing
wastewater facilities in the vicinity of the airport should be more than adequate to accommodate the proposed
development. Because the water and walstewater increases are so minimal, the project would not require the
construction of any new water or wastewater treatment facilities or expansion of existing facilities. The
project's impact on existing water and wastewater treatment facilities would be a less than significant.
Any storm drains exiting the site will be cionnected to the existing storm drain network. Because the increased
run-off will be minimal, the capacity of the existing network should easily handle the increased volume. Off-
airport storm drains are adequate to handle projected surface water runoff from proposed building area
developments and airfield parking.
The Airport's solid waste is taken by Pleasant Hill Bayshore Disposal Service to Keller Canyon Landfill in Bay
Point. The additional waste generated by the proposed project is considered a minimal disposal increase and
would not appreciably affect landfill capacity.
If sufficient distribution capacity in existing water, wastewater, and storm water drainage facilities is not
available to serve the proposed project, the project sponsor will be required to provide any infrastructure
improvements and pay required installation and hook-up fees to the affected service providers to ensure
provision of adequate service, prior to service connection. Although implementation of the proposed project
may result in the need for additions or modifications to existing on-airport utility systems, these improvements
are well within the normal scope of development activities required for a construction project and would not
result in any significant adverse impacts Ion existing utility systems.
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a. Does the project have the potential to degrade
the quality.of the environment, substantially
reduce the habitat of a fish and wildlife species,
cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the number X
Page 28 of 29
Potentially
Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
or restrict the range of a rare or endangered
plant or animal or eliminate important examples
of the major periods of California history or
prehistory?
b. Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in;connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects)? + X
c. Does the project have environmental effects,
which will cause substantial adverse effects on
human beings, either directly or iindirectly? X
SUMMARY.-Potentially Significant Unless Mitigation Incorporation
The proposed project would not degrade the quality of the environment with respect to plant or animal habitats
since the proposed project site is located in an urban area where no known significant species or habitats
currently exist. No important examples of major periods of California history or prehistory exist on the site.
The proposed project involves development of an airport-related use on Airport property and would be
consistent with the Contra Costa County General Plan and the Airport Master Plan. All potentially significant
impacts for the project would be mitigated to a less than significant level and would therefore not significantly
contribute to any cumulative impacts.
i
The project would not result in any potential environmental effects that would cause substantial adverse
effects on human beings upon implementation of the identified mitigation measures.
i
Page 29 of 29
CIT}'OF CONCORD Crr) COUNCIL
PEkNUT CF-N-TEN sllsaw V Bm)ifl.l.Mjlm
19.10 Parkside 1)li%r ALtik A, P,lulmm.Vic \1:1m
Concord. California 141'x;75 H,Icil \1.All'.11
1-141mvistcr
Tcltphone: (925) shilill
RI-X:
Mm, Ra'. Lthm:tn.Circ lank
Fleasuicl
LN(im E. Du B,)tg,('it\
July 14, 2006
RECEIVED VIA Fax: U.S. MAIL
Contra Costa County
Public Works Department JUL 19 2006
651 Pine Street, 4`h Floor
ENTAL
Martinez, CA 94553 ENVIRONM:
Attn: Leigh Chavez
RE: County Project#W05354; Sally Ride West, Buchanan Field (DH1 Hangars)
Dear Ms. Chavez:
This letter is in response to your request for comments on the Notice of Intent to Adopt a
Proposed Mitigated Negative D I eclaration for Sally Ride West, Buchanan Field. The City has
only one minor comment to Item 5 under the heading "General Considerations", where it is
indicated that the project is not I ocated within the Sphere of Influence of any City. The project is
located within the City of Concord's Sphere of Influence. In the vicinity of the subject project,
the western Sphere boundary is located along Marsh Drive.
The City appreciates the opportunity to comment on this proposal for Sally Ride West. Should
you have any questions, please feel free to contact me at (925) 671-3154.
Sincer
cer
Jo n Ryan
S 10
Se ior Plw=me
c Deborah Raines,Planning Manager
Cathy Munneke,Principal Planner
County File
Chron.
061tr.107.doe
r-ellail. C in in folawci.collcord.ca.us • loebiile:
Maurice M.Shiu
Contra Pubic Works Department
Public Works Director
Costa 255 Glacier Drive R.Mitch Avalon
County Martinez,CA 94553-4825 Deputv Director
`J' Telephone: (925) 313-2000 Julia R.Bueren
FAX: (925) 313-2333 Deputy Director
Web site:wivw.co.contra-costa.ca.usideparNpw
Patricia R.McNamee
July 25, 2006 Deputy Director
Ian Hardage
Fire Prevention Technician
Contra Costa County Fire Protection District
2010 Geary Road
Pleasant Hill, CA 94523-4619
RE: Comments on the Sally Ride West, Buchanan Field
Mitigated Negative Declaration
Dear Mr. Hardage:
The Contra Costa County Public Works Department (Department) has received your
comments regarding the Sally Ride West, Buchanan Field Airport Development Project
(commonly known as the Sally Ride West Project). Thank you for your letter. Following
are responses to your comments (the numbering below corresponds to the numbering on
your comment letter): I
1. Comment noted (comment was informational in nature)
2. a,b,c,d All comments noted (comment was informational in nature)
i
3. Comment noted. Your comment indicates that at the present time, one of the four
pieces of equipment assigned to the first (full) alarm exceeds the eight minute
response time required by nationally recognized standards by two to three minutes.
Please see response to Comment#5 below for a discussion of the mitigation that
will be incorporated into the Mitigated Negative Declaration to reduce this potentially
significant impact to a level that is less than significant.
4. Comment noted (comment was informational in nature)
5. All comments noted:
a. Your comment and this response will become part of the Final Mitigated
Negative Declaration. In addition, the applicant will be provided with a copy
of your letter that states the requirement to protect the proposed hangar with
an approved automatic fire suppression system complying with NFPA 16 and
in accordance with Chapter 7 of NFPA 409.
b. Your comment a I d this response will become part of the Final Mitigated
Negative Declaration. In addition, the applicant will be provided with a copy
G:\EngSvc\ENVIROWrportlSaliy Ride WEST\CEQA\Response to Comment#1 Updated.doc
of your letter that states the requirement for an adequate and reliable water
supply for fire protection as set forth in the California Fire Code.
c. Your comment and t+his response will become part of the Final Mitigated
Negative Declaration. In addition, the applicant will be provided with a copy
of your letter that states the requirement to provide fire hydrants of the East
Bay type (necessity+for these hydrants and locations to be determined by
your office upon submittal of three copies of the complete utility plans).
d. Your comment and this response will become part of the Final Mitigated
Negative Declaration. In addition, the applicant will be provided with a copy
of your letter that states the requirements for Fire District access road
dimensions (not less than 20 feet of unobstructed width, not less than 36 feet
in clear width to allow parking on each side, designed to a minimum 45 foot
outside turn radius, designed to HS-20-44 standards, grades not to exceed
16%).
e. Your comment and this response will become part of the Final Mitigated
Negative Declaration. In addition, the applicant will be provided with a copy
of your letter that states the requirement for an approved Fire District
turnaround with associated conditions.
It appears that these requirements are standard and may not all apply
specifically to this project. In order to address Comment 5 (a through e), a
mitigation measure will be added to the Mitigation Monitoring Program that
requires that applicant to coordinate with the Contra Costa Fire Protection
District on these avid any other project specific requirements in order to
receive approval of the proposed development.
If you have any further questions, please do not hesitate to contact me, at the above
address, by e-mail at Ichav@pw.cccounty.us, or by telephone at (925) 313-2366. Thank
you again for your comments on the document.
i rel ,
igh Chavez
anner III
Eng Services, Environmental
LC:sj
CC. L.Cross,CDD(w/attachments)
B.Lee,Airport(w/attachments)
E.Whan,Engineering Services
C.Sellgren, Environmental
G:IEngSv6ENVIROIAirportlSally Ride WEST\CEQA1Response to Comment#1 Updated.doc
p��aw c
Contra Costa CouniFire Protection District ct
Fire Chiet
KEITH RICHTER July 20, 2006
Ms. Leigh Chavez
Public Works Department
Contra Costa County
255 Glacier Drive
Martinez, CA 94553
Subject: DHI Hangers — Proposed Mitigated Negative Declaration
Sally Ride West, Buchanan Field, Concord: (APN 125-010-023)
CCCFPD No. 107603
Dear Mr. Chavez:
We have reviewed your letter dated June 15, 2006 in which you request information to be used
in the preparation for the intended adoption of proposed mitigated negative declaration for the
subject project. In summary, the project would allow development of corporate hangers on 0.86
acres on Sally Ride West.
This project is regulated in part by codes and ordinances administered by this Fire District
relative to Contra Costa County Ordinance 2002-32, 2001 California Fire Code and nationally
recognized standards. We require that the condition of approval documents include a copy of
this letter and/or the following information:
1. Fire protection, suppression, emergency medical and rescue services for this project
site are provided by Contra Costa County Fire Protection District (CCCFPD).
2. An initial full alarm response to the proposed development from CCCFPD consists of
Engines 9, 6, 5, Quint 12 and Battalion Chief 2.
a. Fire Station 9 is located at 209 Center Street in Martinez, approximately 1.1
miles away from iproposed site, with an approximate response time of 2 - 3
minutes. Station 9 is staffed with three (3) personnel 24 hours per day and
equipped with one (1) Type 1 fire engine (Engine 9) and one (1) Type 3-W wild
land unit.
b. Fire Station 6 is located at 2210 Willow Pass Road in Concord, approximately
3.5 miles away from proposed site, with an approximate response time of 7 - 8
minutes". Station 6 is staffed with three (3) personnel 24 hours per day and
equipped with one (1) Type 1 fire engine (Engine 6) and one (1) Type 3 wild land
unit.
2010 Geary Road a Pleasant HIIi,California 94523-4619 a Telephone(925)941-3300 a Fax(925)941-3309
East County •Telephone(925)757-1303 • Fax(925)941-3329 West County •Telephone(5 10)374-7070
www.cccfpd.org
Sally Ride West, Buchanan Field, Concord -2- July 20, 2006
C. Fire Station 5 is located at 205 Boyd Road in Pleasant Hill, approximately 4 miles
Y PP
away from proposed site, with an approximate response time of 8 - 9 minutes*.
Station 5 is staffed with three (3) personnel 24 hours per day and equipped with
one (1) Type 1 fire engine (Engine 5).
d. Fire Station 12 is located at 1240 Shell Avenue in Martinez, approximately 5.8
miles away from proposed site, with an approximate response time of 11.5 —
12.5 minutes*. Fires Station 12 is staffed with three (3) personnel 24 hours per
day and equipped with one (1) Quint 175-foot ladder (Quint 12)] and one (1)Type
1 fire engine (Engine 12).
*Note: Response time is a'n estimated calculation from the respective neighboring
stations to the proposed entrance for the subject project.
3. The Contra Costa County Fire Protection District cannot serve the proposed project
without mitigation. Based1upon nationally recognized standards, the Fire District "shall
have the capability to deploy an initial full alarm assignment within an eight (8) minute
response time to 90 percent of the incidents" (NFPA 1710 section 5.2.3.2.1). At the
present time, one (1) of the four (4) pieces of equipment assigned to the first (full) alarm
exceeds the eight (8) minute response time by 2-3 minutes. This is also to assume that
these engine and truck companies are in quarters (assigned stations) and are not
committed to other emergency responses.
4. The Fire District's rescue land advanced life support services are delivered through a
combined response from'Contra Costa County Fire Protection District and American
Medical Response (AMR)I ambulance service. District paramedic personnel are
currently located at all fire stations. (See response time from the respective fire station
location).
5. The following conditions will be required to be met for Fire District approval of the
proposed development:
i
a. The proposed hanger shall be required to be protected by an approved
automatic fire suppression system complying with NFPA 16 and in accordance
with Chapter 7 ofINFPA 409 (including Group III hangers), in order to mitigate
the existing full alarm response within the required eight (8) minutes.
b. The developer (hall provide an adequate and reliable water supply for fire
protection as set forth in the California Fire Code. (903.1, Table A-III-A-1
& Table A-111-B,,) CFC
C. The developer shy all provide fire hydrants of the East Bay type. Hydrant locations
will be determined by this office upon submittal of three (3) copies of complete
utility plans. (903.4.2) CFC
d. The Fire District,access roads shall not be less than 20 feet of unobstructed
width. Roads shall not be less than 36 feet in clear width to allow parking on
each side. Roadways shall be designed with minimum 45 foot outside tum
radius. Roadways shall be designed to HS-20-44 standards to accommodate
Sally Ride West, Buchanan Field, Concord -3- July 20, 2006
the 37-ton imposed loading of fire apparatus. Roadway grades shall not exceed
16% except for transitions of grades not exceeding 300 feet in surface length
serving no more than two (2) single-family residential units.
e. The project as proposed shall require the installation of an approved Fire District
turnaround. Dead-end emergency apparatus access roadways, driveways, and
cul-de-sacs in excess of 150-feet in length shall be provided with approved
provisions for the turning around of Fire District apparatus.
Fire District turnarciIunds shall not exceed 8% grade, shall have a minimum
outside turning radius of 45-feet and an inside turning radius of 25-feet, and
must be capable of supporting the imposed loads of fire apparatus, i.e., 37-tons.
Fire District turnarounds shall not be obstructed in any matter without Fire District
approval. See ''Fire District Access and Water Supply Requirements"for
approved designs. (902.2.2.4) CFC
This document is understood that the aforementioned responses are to be used to assist in the
preparation of the intended adoption of proposed mitigated negative declaration for the
proposed DHI Hanger. The Fire District reserves the right to provide more specific
requirements as the project becomes more specifically defined.
The Fire District requires that a cl py of the completed condition of approval be forwarded to
this office when compiled for the planning agency.
If you have any questions regarding these comments, please contact this office at
(925) 941-3300.
Sincerely,
I�I
I
I
Ian Hardage
Fire Prevention Technician
Hlcmj
File 107603—Sally Ride West Buchanan Field Concord.ltr
Write It, Don't Say It
Date: July 25, 2006
To: Tim Jensen, Flood Control Engineeering
From: Leigh Chavez, Engineering Services-Environmental
Subject: Mitigated Negative Declaration for Sally Ride West, Buchanan Field (DHI
Northwest Hangars, LLC)
i
We have received the Flood Control District's (District's) comments on the Sally Ride West,
Buchanan Field Project (a.k.a. DHI Hangars). Following are our responses to your comments
(the numbering below corresponds to the numbering on the comment memo):
I. Comment noted. Commlent of an informational nature (no drainage area fees due at this
time since the project is located in an unformed drainage area)
2. Comment noted. The applicant intends to tie the storm drain improvements associated
with the proposed development into the airport's existing storm drain facilities. The
District's requirement to design and construct storm drain facilities that adequately
collect and convey storm water originating within the development to the nearest
adequate man-made drainage facility or natural watercourse, without diversion of the
watershed per Title 9 ofthe County Ordinance Code, will be incorporated into the
Mitigation Monitoring Program as a Best Management Practice. A copy of the Flood
Control District's comment memo and this response will become part of the Final
Mitigated Negative Declaration and the applicant will be provided with a copy of your
comment memo.
3. Comment noted. The District's requirement to submit hydrology and hydraulic
calculations to the Engineering Services Division of the Public Works Department that
prove the adequacy of the in-tract.drainage system and the downstream drainage system
will.be incorporated into the Mitigation Monitoring Program as a Best Management
Practice. A copy of the District's comment memo and this response will become part of
the Final Mitigated Negative Declaration and the applicant will be provided with a copy
of your comment memo.
4. Comment noted. The Mitigated Negative Declaration discusses the potential for flooding
in the new hangar area and requires one of two mitigation measures be implemented:
either 1) the structure must be elevated above the floodplain (e.g., with fill) and a Letter
of Map Revision be obtained, or 2) the structure must be constructed under the
requirements of a Building Permit and a Floodplain Permit and the Floodplain Permit
will require that the structure be constructed such that it is resistant to flood flows, has
adequate entrance and exit points for flood flows, and has adequate venting. If
G':\EngSvc\ENVIRO\Airpc Sally Ride WEST\CEQA\Response to Comment 42.doc
mitigation measure 1) is implemented, the building pad elevation must be approved by an
aviation engineer to ensure slopes are acceptable for aviation use. A copy of the
District's comment memo and this response will become part of the Final Mitigated
Negative Declaration and the applicant will be provided with a copy of your comment
memo.
5. Comment noted. The Mitigated Negative Declaration indicates that if the project will be
approved on or after August 15, 2006 the following mitigation measure must be
implemented:
Mitigation Measure HYD-1: Consistent with the County's newly adopted
stormwater ordinance, the applicant must prepare a Stormwater Control Plan that
meets the criteria of the most recent version of the Contra Costa Clean Water
Program Stormwater�C.3 Handbook. The Stormwater Control Plan must demonstrate
that the project will incorporate site design characteristics, landscape features, and
BMPs that will minimize imperviousness, retain and/or detain stormwater, slow
runoff rates, and reduce pollutants in post-development runoff to the maximum extent
practicable. The plan can incorporate features such as drainage inlet inserts, vegetated
swales, biofilters, and stormwater planters,to reduce the amount of pollutants entering
the stormwater system as well as permeable sidewalks and parking to encourage
infiltration and filtering of surface water to reduce pollutants from entering the
stormwater system.
Both the lease agreement and the Mitigated Negative Declaration for the proposed project
are expected to be approved by the Board of Supervisors on August 8, 2006; however, if
the agreement approval is delayed beyond August 15, 2006, the applicant will be required
to implement the mitigation measure listed above.
II
We appreciate your comments. Please let me know if you have any further questions.
Thank you.
GAEngSvc\ENVIRO\Ai ort\Sally Ride WESTiCEQA\Response to Comment#2.doc
CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
255 GLACIER DRIVE, MARTINEZ, CALIFORNIA
Date: Ju 1, 2006
To: Leigh Chavez, Environmental, Engineering Services
From: Tim Jensen, Associate Civil Engineer, Flood Control En ' �,r
neerin
i g
Subject: Mitigated Neg ive Declaration for Sally Ride West, Buchanan Field (DHI Hangars)
File: 3060-06, APN 125-010-023
i
We have reviewed the Notice of Public Review and Intent to Adopt a Mitigated Negative
Declaration for Sally Ride West(DI-11 Hangars),located at Buchanan Field Airport in Concord. We
received the document on June 15, 2006, and offer the following comments:
I. The proposed project is IoI ated in Drainage Area 60,an unformed drainage area. Therefore there
are no drainage area fees due at this time.
2. The developer should be conditioned to design and construct storm drain facilities to adequately
collect and convey stormwater entering or originating within the development to the nearest
adequate man-made drainage facility or natural watercourse,without diversion of the watershed,
per Title 9 of the County Ordinance Code.
3. The developer should be required to submit hydrology and hydraulic calculations to the
Engineering Services Division of the Public Works Department that prove the adequacy of the
in-tract drainage system and the downstream drainage system. We defer review of the local
drainage to Engineering Services. However,the District is available to provide technical review
under our fee for service program.
4. This site drains to the open channel along Marsh Drive, then along Highway 4 into Grayson
Creek flood control channel . In large storm events, the system upstream of Grayson Creek has
inadequate capacity. Local flooding has occurred on Marsh Drive and in the Rancho Diablo
Mobile Home Park. This should be considered in the drainage design for this site.
5. The applicant should be required to comply with the current National Pollutant Discharge
Elimination System (NPDES) requirements under the City Stormwater Management and
Discharge Control Ordinances and the C.3 Guidebook. We support the State's goal ofproviding
best management practices to achieve the permanent reduction or elimination of storm water
pollutants and downstream erosion from new development. The District is available to provide
technical assistance for meeting these requirements under our fee for service program.
We appreciate the opportunity to review County development projects and welcome continued
coordination. If you have any questions,please feel free to call Jon Suemnick at 3-2252 or meat 3-
2396.
TJ:JS:kg
G:\FIdCtl\CurDev\C=SkConcord0060-06 APN 125-010-023.doc
cc: Greg Connaugbton,Flood Control
Bob Faraone.Flood Control
Monish Sen,Engineering Services
CALIFORNIA ENVIRONMENTAL QUALITY ACT
NOTICE OF DETERMINATION
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
651 PINE STREET 4TH FLOOR NORTH WING MARTINEZ, CALIFORNIA 94553-0095
Telephone: (925)313-2296 . Contact Person: Cece Sellgren, Environmental Planner
Project Description, Common Name (if any) and Location: Sally Ride West, Buchanan Field (DHI Hangars). County File#
CP 06-36, Project Description: The proposed project is located at Buchanan Field Airport on approximately 0.86 acre of
undeveloped land on the west side of the Airport, north of the County Airport offices, within the area designated for
corporate hangars on the Airport Layout Plan (ALP). The project consists of the development of vacant land at Buchanan
Field Airport (Airport)to accommodate demand at the Airport for additional general aviation (GA) aircraft facilities and
services such as charter operations and flight planning. The proposed operation is an infill aviation project that will consist
of personal aircraft storage and maintenance, as well as administrative activities such as flight planning. The proposed
operation includes approximately 15,500 square feet of hangar space and 5,000 square feet of office area, storage,
mechanics area, bathrooms and a kitchenette. The northern portion of the site adjacent to the existing taxiway will be
paved to provide a continuation of the existing 60-foot-wide taxiway across the northern site boundary. Vehicle parking
and frontage landscaping will be provided south of the building. Utility systems (water, electricity, gas, sanitary sewer and
phone/cable)will be connected into the hangar building, and storm drainage improvements will be implemented to
accommodate the development. Aircraft types to be stored will include single piston and turbo-prop engine aircraft, twin
piston and turbo-prop engine aircraft, and small corporate jet aircraft. Aircraft traffic is estimated to be less than ten trips
per week in/out of the hangar facility on average. Although hangar storage/usage is generally expected to be less than six
single or twin/engine piston aircraft, the site will be able to accommodate up to eight aircraft at any given time. Equipment
that will be on-site in support of the operation will include a tractor for moving aircraft and tools for aircraft maintenance.
Fuel will be obtained from existing airport vendors and will not be stored in bulk at the hangar facility. This Initial Study
addresses potential environmental impactslassociatedwith operation of the project, including construction of the proposed
development and necessary grading and building permits, as well as issuance of the lease necessary to
implement/operate the proposed project and any other discretionary actions required by Contra Costa County. Real
Property transactions and utility relocations may be necessary in support of this project. Project Location: the project is
located on Sally Ride Drive at the Buchanan Field Airport in Concord.
The project was approved on
Pursuant to the provisions of the California Environmental Quality Act:
( ) An Environmental Impact Report was prepared and certified (SCH# )
( ) The Project was encompassed by an Environmental Impact Report previously prepared
for (SCH# ).
( ✓ ) A Mitigated Negative Declaration was prepared following identification of a potentially significant impact
Copies of the record of project approval and the Negative Declaration or the final EIR may be examined at the office of the Contra
Costa County Public Works Department.
(✓) The Project will not have a significant environmental effect with incorporated mitigation measures
( ✓ ) A Mitigation Monitoring and Reporting Program was incorporated
( ) The Project will have a significant environmental effect.
( ) Mitigation measures were made a condition of approval of the project.
( ) A statement of overriding considerations was adopted.
( ) Findings were adopted pursuant to Section 15091 of the State CEQA Guidelines.
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by
California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing
date.
Signature Title
Applicant:
Public Works Department I EIR-$850 County Clerk Fee Due:$25
255 Glacier Drive,Martinez,CA 94553 1 X_ Neg.Dec.-$1,250 CDD Fee Due:$25
Attn:Leigh Chavez DeMinimis Findings-$0
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LEASE BETWEEN CONTRA COSTA COUNTY
AND
DHI NORTHWEST HANGAR, LLC
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C:\Documents and Setturgs\jwaters\]oral Settings\Tempora Licmet Filcs\01.ICI0D\DI-Il Lease,7-31-06 cica:.d - f
1
LEASE BETWEEN CONTRA COSTA COUNTY
AND
DHI NORTHWEST HANGAR, LLC
1. PARTIES.........................................................................................................................................5
2. PURPOSE.......................................................................................................................................5
3. PREMISES...........................................I..........................................................................................5
4. TERM...................................................I..........................................................................................6
S. HOLDING OVER................................!.............................................................................•...6
6. RENT............................................... ...........................................................•.....................6
7. ADDITIONAL PAYMENT PROVISIONS..j...........................................................•.....................18
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8. LESSOR PROCESSING AND TRANSACTION FEE......................................................................20
9. USE OF PREMISES.............................I.................................................................................21
10. RENTAL OPERATIONS.........................................................................................................23
11. CONDITION OF PREMISES..
.............. .................................................................................25
12. SITE IMPROVEMENTS....................... .................................................................................25
13. UTILITY OBLIGATIONS.....................!.................................................................................32
14. ALTERATION AND ADDITIONS..........).................................................................................33
15. MANTENANCE, REPAIR, AND STORAGE.............................................:..................................34
16. LAWFUL CONDUCT........................... ..................................................•..............................41
17. WASTE, QUIET CONDUCT, NUISANCE; POLLUTION...............................................................41
18. HAZARDOUS MATERIALS ..................{............................I.......................................•.............42
19. STORMWATER DISCHARGE.................................................3...............................................45
20. RULES AND REGULATIONS................f..................................................................................46
21. NOISE ORDINANCE......................... ....................................................................•.............46
22. SECURITY.......................... .....................46
..............i..........................................•..................
23. HOLDHARMLESS AND INDEMNIFICATION ...........................................................................47
24. INSURANCE................................................................................................•.................... .g8eted:GAProperties\uxI
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1
25. TAXES...............................................................................................................................51
26. INSPECTION, ACCESS AND NOTICE...j.................................................................................52
27. ASSIGNMENT AND EMCUMBRANCES.J.................................................................................52
28. SURRENDER OF POSSESSION............1.................................................................................54
29. DEFAULT......................................... .................................................................................56
30, LESSOR'S REMEDIES........................I.................................................................................57
317— DESTRUCTION.................................�.................................................................................59
32. CONDEMNATION..............................�.................................................................................60
33. CANCELLATION BY LESSOR...............j.................................................................................62
34, FINANCING OF LEASEHOLD ESTATE..�.................................................................................64
35. NON-DISCRIMINATION.....................I.................................................................................67
36. OPERATION OF AIRPORT BY LESSOR. .................................................................................70
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37. AIRPORT USE AND DEVELOPMENT....!.................................................................................70
38. DEVELOPMENT OF PREMISES............1.................................................................................71
39. INSTRUMENT OF TRANSFER .............I�.................................................................................72
40. CHOICE OF LAW ..............................).................................................................................73
41. NOTICES.........................................I.................................................................................73
42. TIME IS OF THE ESSENCE................. .................................................................................73
43. BINDING OF SUCCESSORS..................................................................................................74
44, INVALID PROVISIONS: SEVERABILITY:.................................................................................74
45, PROVISIONS......................................................................................................................74
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46. ENTIRE AGREEMENT........................:..............................................:..................................74
47. CUMULATIVE RIGHTS AND REMEDIES .................................................................................75
48. NO THIRD-PARTY BENEFICIARIES.......................................................................................75
49. NO CONTINUING WAIVER.................L................................................................................75
50. CONVENANT AGAINST LIENS ............:.................................,......................................,........76
51, LEASE AUTHORIZATION ...................!.................................................................................76
52. LEASE COUNTERPARTS..................... .................................................................................76
53, HEADINGS AND CAPTIONS ............... ...............'. ....*. .,... ....*. .................
......................76
54. SIGNATURES................................... .................................................................................78
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% Northwest Hangar,LLC\DHl Lease
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EXHIBITS
EXHIBIT"A" - PROPERTY DESCRIPTIONS
EXHIBIT "B" -SITE PLAN
EXHIBIT".C" - NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN
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LEASE BETWEEN CONTRA COSTA COUNTY
AND
DHI NORTHWEST HANGAR, LLC
1. PARTIES
Effective on 20the COUNTY OF CONTRA COSTA, a political
subdivision of the State of California (hereinafter referred to as "Lessor"), and DHI
Northwest Hangar, LLC, a California limited liability company (hereinafter referred to as
"Tenant"), hereby mutually agree and promise as follows:
2. PURPOSE
Lessor owns and operates Buchanan Field, a public airport located at Concord,
I
California, hereinafter "Airport", as shown on the Airport Layout Plan, which plan is on
file in the office of the Contra Costa County Director of Airports ("Director of
i
Airports"). Tenant desires to lease 1.86 acres of land to maintain a corporate hangar.
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The purpose of this Lease is to lease to Tenant said .86 acre parcel of real property at
the Airport, shown generally on airport site plan attached hereto as Exhibit"B" pursuant
r
to the terms and conditions set forth herein.
3. PREMISES
For and in consideration of the rentf fees, and faithful performance by Tenant of the
I
terms and conditions and the mutual covenants hereof, Lessor does hereby lease to
Tenant, and Tenant hereby leases from Lessor, subject to all easements and Deleted:G:\Properties\DHl
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encumbrances of record, that parcel of real property described in Exhibit"A" and shown
on Exhibit"B", each of which is attached hereto and made a part hereof, hereinafter
referred to as the "Premises."
4. TERM
This Lease is for a term of for y (40) years (the `Term"), commencing on
2006 (the "Commencement Date"), and expiring on
2046. The Commencement Date shall be the date this Lease is
approved by the County Board of Su Iervisors and shall also be known as the first day
of year one of the Lease.
5. HOLDING OVER
In the event Tenant shall remain in possession of the Premises after the expiration of
the Term of this Lease, such holding Iver shall not be deemed to operate as a renewal
or extension of this Lease, but shall only create a tenancy from month to month, which
may be terminated at any time by Lessor or Tenant upon thirty (30) days written notice.
All terms and conditions of this Lease then in place shall govern the month-to-month
tenancy.
6. RENT: Tenant shall pay to Lessor all rent and fees as set forth herein in accordance
with the following provisions: t
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A. Construction Period Rent: Beginning 6 months after the Commencement Date or
upon Tenant's receipt of build'ing permits, whichever comes first and ending
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twelve (12) months after the Hangar Commencement Date or upon SubstantialNorthweStI angar,LLc\DHI Lease
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Completion (as defined below) of the Hangar Improvements described in Section
12. Site Improvements, whichever occurs first (such earlier date, the
"Construction Period Rent Expiration Date"), the rental payment shall be Five
Hundred and No/100 ($500.i0) Dollars per month ("Construction Period
Rent")payable in advance and'without demand on or before the first day of each
month. Construction Period Rent for any partial month shall be prorated at the
rate of 1/30th of the monthly Construction Period Rent per day. The term
"Substantial Completion" shall mean the date that the Hangar Improvements
pass final inspection by the Co I tra Costa County Building Inspection Department
or 12 months from the Commencement Date,whichever comes first.
B. Ground Rent: Beginning onthe day following the Construction Period Rent
Expiration Date (the "Ground Rent Commencement Date") Tenant shall pay
ground rent to Lessor in the a unt set forth in this Section B ("Ground Rent").
Ground Rent shall be payable lin advance and without demand on or before the
i
first day of each month during the Term of this Lease. Ground Rent for any
i
partial month shall be prorated at the rate of 1/30th of the applicable monthly
Ground Rent per day. If the Ground Rent Commencement Date occurs during
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the first year following the Commencement Date of the Lease (Year 1), Ground
Rent for any remaining periodi of Year 1 shall be $848.00 per month. Ground
Rent for Year 2 through 9 is detailed on the schedule below. Ground Rent for
Year 11 and each year thereafter shall be increased by the change in the
Consumer Price Index, determined in accordance with subsection 6.C.
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Consumer Price Index Adiustment, except y in ears 10, 20, and 30, during which ?orihwest Hangar,LLC\DHI Lease
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the Ground Rent shall be revalued in accordance with Section 6.D. Revaluation
of Ground Rent. In no event shall the Ground Rent for any year ever be less
than the Ground Rent in effect Ifor the immediately preceding year. In the event
there is a decrease in the Cons
Iumer Price Index (CPI), Ground Rent for the year
_._ in.question shall be the same +as the Ground Rent for the preceding year. Set
forth below is an example of the schedule of adjustments to Ground Rent.
Year Monthly Ground lent Annual Ground Rent
1 $ 500.00
2 $1,781.25 $21375.00
3 $1,937.50 $23,250.00
4 $2,093.75 $25,125.00
5 $2,250.00 $27,000.00
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6 $2,406.25 $28,875.00
7 $2,562.50 $30,750.00
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8 $2,718.75 i $32,625.00
t
9 $2,875.00 I $34,500.00
10 Revaluation of Ground Rent per Subsection 6.D. below.
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11-19 Prior year's Ground Rent, increased annually by CPI Adjustment
unless CPI Adjultment would result in a rent decrease, in which
case Ground Rent will remain the same as the preceding year's
Ground Rent.
20 Revaluation of Grl and Rent per Subsection 6.D. below.
21-29 Prior year's Ground Rent, increased annually by CPI Adjustment
unless CPI Adjustment would result in a rent decrease, in which
case rent will remain the same as the preceding year's Ground
Rent.
30 Revaluation of G i and Rent per Subsection 6.D. below
31-39 Prior year's Ground Rent, increased annually by CPI Adjustment
unless CPl Adjustment would result in a rent decrease, in which
case Ground Rent will remain the same as the preceding year's
Ground Rent
C. Consumer Price Index Rent Adjustment:
Effective upon the first day of Years 11 through 19, Years 21 through 29, and
Years 31 through 39, the Ground Rent shall be increased (or remain unchanged,
but no decreased), according ti the change in the Consumer Price Index ("CPI")
for the most recent one year p1eriod ending June 30. CPI, as used herein, shall
mean the Consumer Price Index for all Urban Consumers, All Items, for the San
Francisco-Oakland-San Jose Metropolitan Area (1982-84 = 100), as published by oeletea:c:\rropert es\DH'
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the Bureau of Labor Statistics of the U.S. Department of Labor, or its successor.
At no time will the Ground Rentl be decreased by a CPI adjustment. In the event
t
there is a decrease in the CPI, the Ground Rent for the year in question shall be
the same as the Ground Rent fI r the preceding year. For example, if Year 11 of
the Lease commences on November 1, 2017, the CPI Index for June 2017 is
210.0, the CPI Index for June 1 016 is 205.0, and the Ground Rent for Year 10
was revalued at $10,000.00, the Ground Rent for Year 11 shall be increased
from $10,000.00 (hypothetical Year 10 Ground Rent) to $10,243.90 per month
($10,000.00 X (1+ (210.0-205.0/205.0)). Continuing the example, if the CPI for
June 2017 is 205.0, the Ground Rent for Year 12 will be the same as the Ground
Rent for Year 11 ($10,243.90). Then if the CPI for June 2018 is 210.0, the
i
Ground Rent for Year 13 shall I e increased by the CPI increase from June 2017
to June 2018, from $10,243.90 to $10,493.75 [$10,243.90 x (1+(210.0-
205.01205.0))]. Lessor will notiify Tenant of the increase in Ground Rent when
Lessor completes the calculation of the increased rent. If the notice is after the
effective date of the increase, Tenant will pay any increased rent retroactively to
i
the effective date.
D. Revaluation of Ground Rent. Pround Rent shall be revalued by Lessor on the
tenth anniversary of the Commencement Date, and thereafter, at the end of each
succeeding ten (10) year period of the Lease Term. Ground Rent shall be
revalued on 112016, 2026, and 2036 ("Revaluation Dates").
Ground Rent shall be revalued based upon the fair market rental value of the
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Premises, using the Revaluation Process described in this Section below,
provided, however, that the revalued Ground Rent shall never be less than the
Ground Rent during the precel ing year. In other words, in the event there is a
decrease in the fair market re ntal value for the year in question, the revalued
Ground Rent shall be the same as the Ground Rent for the preceding year. Prior
to each Revaluation Date, Lessor shall initiate the Ground Rent revaluation
I
process as set forth in detail in subsection D(2) below, (the "Revaluation
Process") for the determination of Ground Rent for the following period. Ground
)
Rent established through the Revaluation Process shall be reviewed annually for
CPI adjustment pursuant to Section 6(C).Price Index Rent Adjustment.
I
(1) Conditions of Revaluation: The revaluation of Ground Rent, including any
I
appraisals prepared as part of the Revaluation Process, shall be
conducted under the following conditions:
I
a) All negotiations and actions taken by Lessor and Tenant under this
Section shall be undertaken and conducted by the parties in good
faith.
b) If the Revaluation Process is not concluded by the Revaluation
Date, the Ground Rent determined by the Revaluation Process
described herein shall be retroactive to the Revaluation Date to
which the Revaluation Process.applies. Tenant shall make any
retroactive payments of Ground Rent no later than thirty (30) days
following the completion of the Revaluation Process. Deleted:G:\Properties\DHI
Northwest Hangar,LLC\DHI Lease
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c) Except as otherwise provided herein, no waiver by Lessor of any of
the provisions of this Section shall be deemed to have been made
by Lessor, unlesl made expressly in writing by the Director of
Airports and no waiver by Tenant shall be deemed to have been
made unless malde expressly in writing by the duly authorized
agent of Tenant.
d) All time periods specified in this Section shall be counted in
calendar days.
(2) Revaluation Process: The Revaluation Process shall consist of the
following:
a) The Lessor shall make an initial determination of the amount of the
Ground Rent revaluation (the "Lessor Revaluation") and shall
notify Tenant in i riting of the amount of the new monthly Ground
i
Rent("Revaluation Notice").
t
I
b) If Tenant disagrees with the Lessor Revaluation, the Tenant may
file with the Lessor a dispute of the amount of the Lessor
Revaluation ("Te nant Dispute") and include Tenant's proposed
Ground Rent revaluation amount. The Tenant Dispute must be in
t
writing and delivered to the Director of Airports no later than twenty-
one (21) days ,fter the Revaluation Notice is mailed to Tenant
("Dispute Period"). In the event that the Tenant does not file a
Tenant Dispute Iwith the Lessor within the Dispute Period, the Deleted:c:\Properhes\DFII
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Lessor Revaluation shall automatically be deemed to be accepted
by Tenant, Tenant shall be deemed to have waived the right to
contest the amount of the Lessor Revaluation, and the new Ground
Rent, as initially determined by the Lessor, shall become effective
_._ on the applicable Revaluation Date, and the Revaluation Process
shall be concluded.
c) If Tenant delivers'a Tenant Dispute to the Lessor within the Dispute
Period, Lessor land Tenant shall have twenty-one (21) days
following Lessor's receipt of the Tenant Dispute to attempt to
establish a new Ground Rent by negotiation ("Rent Negotiation
Period"). The Rent Negotiation Period may not be extended
i
beyond the initial twenty-one (21) day period except by mutual
written agreement of the Tenant and the Director of Airports.
d) If Lessor and Tenant are unable to agree upon a new Ground Rent
during the Rent lNegotiation Period, including any agreed upon
written extension!thereof, then Lessor and Tenant shall proceed to
the next step in the Revaluation Process by each appointing an
appraiser to appraise the fair market value of the Premises and
I
providing written' notice to the other' identifying that party's
appraiser. The appointment of the appraiser shall be made and
notice of the appj intment shall be given to the other party not less
than twenty-one (21) days after the end of the Rent Negotiation
Deleted: wp \DHI
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I
Period (including any agreed-upon extension thereof) ("Selection
Period"). Each appraiser shall be a member of the American
Institute of Real Estate Appraisers, have the designation of Member
of the Appraisal Institute ("MAI"), and shall have current aviation
appraisal experience in appraising property in the geographic real
estate market where the Premises is situated. Each party shall be
responsible for paying the fees and costs of the appraiser it has
selected.
In the event that Tenant does not appoint an appraiser and provide
Lessor with written notice of the appointment within the Selection
Period: (i) the initial Lessor Revaluation shall automatically be
deemed to be accepted by Tenant, (ii) the new monthly Ground
Rent, as initially determined by the Lessor Revaluation, shall
become effective' on the applicable Revaluation Date, (iii) Tenant
shall be deemed to have waived the right to further contest the
amount of the Lessor Revaluation by arbitration or in any other
manner, and (iv)the Revaluation Process shall be concluded.
In the event that i Lessor does not appoint an appraiser and provide
Tenant with written notice of the appointment within the Selection
Period specified i'n this Section above, (i) the new monthly Ground
Rent shall be the Ground Rent as determined by Tenant's
appraiser, or as determined in the preceding revaluation of Ground
Deleted:G:\Properties\DHE
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i
Rent, whichever is greater, (ii)such new monthly Ground Rent shall
become effective on the applicable Revaluation Date, (iii) Lessor
shall be deemed to have waived the right to contest the amount of
the new monthly Ground Rent by arbitration or in any other manner,
_._ and (iv)the Revaluation Process shall be concluded.
e) If Lessor and Tenant each properly appoint an appraiser during the
I
i
Selection Period, the issue of the Ground Rent revaluation shall be
submitted to the )two appraisers to each make an independent
determination of the fair market value of the Premises. Each
i
appraisal must be completed and a copy of the appraisal report
delivered to the other party no later than sixty (60) days from the
date of his or her appointment ("Appraisal Period") unless
otherwise extended by the mutual agreement of Lessor and
Tenant.
f) Upon completions of both of the above appraisals, Lessor and
Tenant shall make a final attempt to establish a new monthly
Ground Rent by negotiation. In the event that Lessor and Tenant
cannot agree on a revaluation of the monthly Ground Rent, either
Lessor or Tenant) may declare an impasse in the negotiations by
providing written notice of the impasse to the other party. The
written notice of impasse (referred to hereinafter as the "Final
Proposal')shall include all of the following information: (i)a
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statement that the declaring party has determined that negotiations
have reached an impasse; (ii) the declaring party's final proposed
Ground Rent revaluation figure; (iii) a statement that the recipient
has ten (10) days to either give written acceptance of the amount of
_._ the Ground Renit revaluation specified in the Final Proposal or
deliver a counterlfinal proposal ("Counter-Final Proposal") to the
declaring party; and (iv) any other supplementary information as the
declaring party deems appropriate. The party upon whom the Final
Proposal is served shall then have ten (10)days following receipt of
the Final Propos)I to either accept the Final Proposal or to reject
the Final Proposal and deliver a Counter-Final Proposal to the
declaring party.
g) If neither the Final Proposal nor the Counter Final Proposal is
1
accepted, not later than thirty-five (35) days after delivery of the
Final Proposal, the appraiser selected by Lessor and the appraiser
i
selected by Tenant shall jointly select a third appraiser with the
designation of MAI (Member of the Appraisal Institute) and with
current aviation appraisal experience and who has substantial
experience in appraising property in the geographic real estate
market where the Leased Premises is situated. The third appraiser
will determine th� fair market value of the Leased Premises. The
third appraiser sh+ all render a final written decision within thirty (30)
days of his appointment. The cost of the third appraiser shall be Deleted:
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_---
shared equally by Lessor and Tenant. The appraiser's decision
shall be binding on all parties and shall apply retroactively to the
Revaluation Date.
E. Fuel Flowage Fees: On the first day of each calendar quarter, Tenant shall pay
to Lessor a fuel flowage fee for the preceding quarter equal to $0.08 per gallon
(the "Fuel Flowage Fee"). The Fuel Flowage Fee shall increase annually by
$0.005 per gallon. The first annual increase shall take place one (1) year from
the Commencement Date.
The Fuel Flowage Fee shall be reviewed and may be revised by Lessor in its
sole discretion every five (5) years after the Commencement Date of this Lease.
Lessor shall give notice to Teniant in writing of any revised Fuel Flowage Fee,
which shall be effective the monl h after such notice is given.
Tenant may operate a fueling facility or fuel truck on the Premises for the
I
purpose of self-fueling of based aircraft only. Aft self-fueling must be in
compliance with Federal Aviation Administration Advisory Circular 150/5190-5.
l
No fueling automobiles or trucks are allowed on the premises. With respect to
non-Tenant owned aircraft, Tenant may not taxi such aircraft to Tenant's fueling
facility, or deliver fuel to such aircraft by operation of a fuel truck, or provide any
other assistance in the fueling of such aircraft.
F. Records to Be Maintained. Tenant shall record all sales or other transactions,
whether cash or credit, and shall keep full and accurate books of account and
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records in accordance with United States Generally Accepted Accounting
Principles consistently applied, including without limitation, a sales journal
general ledger, and all bank account statements showing deposits of gross sales
revenue. In addition, Tenant shall keep all cash register receipts with regard to
gross sales, credits, refunds an!d other pertinent transactions, as well as record of
any other exclusions or deductions from Gross Sales.
G. Additional Rent: The Fuel Flowage Fees and all other charges, costs and fees
I
required to be paid by Tenant pursuant to the provisions of this Lease except for
Construction Period Rend and Ground Rent, shall be defined as "Additional
Rent," and together with Construction Period Rend and Ground Rent, shall be
defined as"Rent'.
7. ADDITIONAL PAYMENT PROYIS(O is
A. Late Rental Payments: In the levent Tenant fails to pay Lessor any amount due
under this Lease within five (5)i days after such amount is due, Tenant shall pay
to Lessor a late charge of :One Hundred and No/100 Dollars ($100) per
I
occurrence (the"Late Charge"), plus interest on said unpaid balance at a rate of
I
one and one-half percent (1-1/2%) per month, from the date said payment was
due and payable until paid in full. Tenant shall pay all Late Charges, as
Additional Rent on or before the date the next installment of Rent is due. Lessor
and Tenant hereby agree that it is and will be impracticable and extremely
difficult to ascertain and fix Lessor's actual damage from any late payments and,
thus, that Tenant shall pay as liquidated damages to Lessor the Late Charge Deleted:G:\Properties\DHI
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I
i
i
specified in this Section, which Is the result of the parties reasonable endeavor
to estimate fair average compensation therefore (other than attorneys' fees and
costs). Lessor's acceptance olf the Late Charge as liquidated damages shall not
constitute a waiver of Tenant's default with respect to the overdue amount or
prevent Lessor from exercising any of the rights and remedies available to
Lessor under this Lease.
B. Form and Place of Payment:' All Rents and fees shall be paid in cash or by
personal check, certified check, or money order, payable to the County of Contra
Costa, and must be received ion or before due date at the Director of Airports
Office, 550 Sally Ride Drive, Concord, California 94520, or at such other place as
Lessor may designate from time to time.
C. Returned Checks: If a check written by Tenant is returned for insufficient funds,
Lessor may impose a reasonable service charge in addition to any Late Charge
i
and in addition to any chargeslimposed by the bank. Lessor may require Tenant
to pay Rent by certified check' or money order if Tenant's bank or banks have
returned one or more personallchecks in a twelve (12) month period.
D. Security Deposit: Upon execution of this Lease, Tenant shall pay to Lessor the
sum of Five Thousand Three Hundred Forty-Four and No/100 Dollars ($5,344) in
cash as security for the fait hful performance of the terms, covenants, and
a
conditions of this Lease (the "{Security Deposit"). If Tenant is in Default under
the terms of this Lease, Lessor may in its sole discretion (but shall not be
required to) apply the Securit Deposit, or any portion of it, to any expense, loss Deleted:c:\Properlies\DHI
Northwest Flartgar,LLC\DHI Lease
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or(i) any Rent or other sum in default, (ii) any amount that Lessor may spend or
become obligator to spend in ex+I rcising Lessor's rights under this Lease, or (iii)
damage sustained by Lessor resulting from Tenant's Default. Upon demand by
Lessor, Tenant shall immediately
pay to Lessor a sum equal to the portion of the
Security Deposit expended or applied by Lessor as provided in this subsection so
as to maintain the Security De+posit in the sum initially deposited. Upon the
lexpiration or termination of this Lease and a final accounting by Lessor, any
remaining Security Deposit balance shall be refunded to Tenant, without interest.
Tenant waives the provisions of California Civil Code section 1950.7, and all
other provisions of law in force or that become in force after the date of execution
of this Lease, that provide that�Lessor may claim from a Security Deposit only
J
those sums reasonably necessary to remedy defaults in the payment of Rent, to
repair damage caused by Tenant or to clean the Premises. Lessor and Tenant
1
agree that Lessor may, in addition, claim those sums reasonably necessary to
compensate Lessor for any othj r foreseeable or unforeseeable loss or damage
caused by the act or omission of Tenant or Tenant's officers, agents, employees,
independent contractors or invitees
1
8. LESSOR PROCESSING AND TRANSACTION FEES
t
In the event that Tenant requires or requests Lessor's review;investigation, processing,
recordation, or any other action in connection with any Tenant document, proposal or
other matter(such as review of a proposed assignment or other transfer, an estoppel
' Deleted:G:\Properties\DHI
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i
I
certificate or financing of Leasehold ELate), Tenant shall pay such costs and expenses
incurred by Lessor thirty(30)days aft Ir demand therefore by Lessor.
Tenant shall pay to Lessor a transaction fee of Two Thousand Five Hundred and
No/100 Dollars ($2,500.00) ("Transai tion Fee"), plus all of Lessor's costs, including,
but not limited to, staff time at rates determined by the County Auditor, for Lessor's time
l
spent in connection with Lessor's reviewing a transaction until said transaction is
completed. The Transaction Fee shall be increased by $500.00 every five (5) years
after the Commencement Date.
9. USE OF PREMISES
The Premises shall be used only for the operation of a corporate hangar site and for no
other purpose under the terms and conditions set forth in this Lease.
A. Uses Permitted on the Premises:
I
The following are the only uses permitted on the Premises and may be provided
1
by Tenant only:
j
(1) Storage of aircraft owned by Tenant;
i
(2) Maintenance of aircraft owned by Tenant or any of Tenant's subtenants,
1
provided that such maintenance is performed ONLY by(i)the owner of the
aircraft, (ii) a bonafide employee or contractor of the owner of the aircraft,
or(iii)an established Buchanan Field Airport Fixed Based Operator;
Deleted:G:\Properties\DHI
(3) Operation of corporate aircraft on a non-commercial aviation basis; Northwest lia gar,LLC\DHI Lease
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(4) The initiation (start up or taxi xout of aircraft) or termination (taxi in and shut
down of an aircraft)for FAR Part 135 or Charter operations;
(5) Aviation-oriented use of oflI ice space;
(I
(6) Hangar storage of aircraft other than Tenant-owned aircraft, only on a
month-to-month basis;
(7) Self-fueling of based aircraft, pursuant to Section 6.E.
i
B. Uses Not Permitted on the Premises:
I
The following uses of the Premises are specifically prohibited:
I
(1) Any commercial activities, including but not limited to, charter or FAR Part
135 operations, including enplanement or disemplanement of passengers,
except as, expressly permitted in Section 9.A. above;
(2) Maintenance, except as expressly permitted in Subsection 9.A;
I
(3) Use or subletting of any portion of the Premises for storage purposes,
i
except as expressly peri itted in Subsection 9.A;
(4) Flight instruction for hire
(5) Sale of aviation supplies)or services;
I
(6) Aircraft fueling for commercial purposes;
(7) Any use not expressly permitted in Section 9.A; Deleted:G:\Properdes\DHI
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Two violations of this Section 9.B. withii n a twelve-month period shall be a Default under
the terms of this Lease.
10. RENTAL OPERATIONS
Tenant may rent hangar space to su i tenants for the purpose of aircraft storage only,
pursuant to such rules and regulations adopted from time to time by Lessor, including
but not limited to the following:
A. All hangar rental agreements shall be subject to the terms and conditions of, and
be subordinate to, this Lease.( Each hanger sublease and rental agreement
shall be in a standard form approved in advance in writing by the Director of
I
Airports and shall not be for a term greater than the Term of this Lease.
Each hangar rental agreement shall not create a landlord-tenant or any other
I
legal relationship between Lessor and Tenant's renter. Tenant is, and shall
remain, entirely responsible forjthe full performance of this Lease.
B. No commercial operations are permitted by Tenant or Tenant's renters. If a
i
renter is found to be conducting any commercial activity, Tenant shall
immediately terminate that renter's agreement. Two violations of this subsection
in a 12-month period shall constitute Default.
C. To the extent that Tenant engages in the rental of hangar space, Tenant or its
I
authorized representative shall be available during normal business hours, either
at the Airport or by telephone/facsimile to discuss rental terms and to conduct
Deletewl \DH
business. VoNrwsst Haig",LLC\DHI
Lease
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I
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r
D. Hangar space rental rates shall �e established and made available to the public.
The original established rates and any and all changes or revisions in the
established rates shall be proiided immediately in writing to the Director of
Airports.
-- E. On the first day of each calendar year, Tenant shall deliver to Lessor a copy of
any new, revised, or extendedtrental agreements entered into by Tenant in the
past twelve-month period, which rental agreements shall contain the name,
address, and telephone number of the renter, the identification and make of all of
the renter's hangared aircraft, and any other information that Lessor may require
from time to time.
F. On the Commencement Date and annually thereafter, Tenant shall provide the
Director of Airports with an updated "Premises Occupancy and Active Demand
List'identifying current occupa Its of any improvements located on the Premises,
the status of any occupied improvements or portions thereof, and the identities of
any persons then awaiting future occupancy of any of the hangar or other spaces
located on the Premises. i
I
G. Tenant is responsible for all materials stored in the hangars, whether said materials
are stored by Tenant or by I enant's agents, employees, renter or any other
persons. The Director of Airports shall have the righttodetermine, in his or her
sole discretion, what items may be stored in the hangar. Tenant shall inspect all
hangar space no less than once each year to determine if materials that violate
any applicable codes, or that have not been authorized by the Director of Airports oeietee:c: rroper es Dlll
,��Notthwest Hettgaq LLC1Dti!Lease
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i
("Unauthorized Materials"), are' being stored in the hangar space, and shall
require the immediate removal' of Materials. Tenant shall terminate the rental
agreements of those renters wJho have not removed the Unauthorized Materials
within ten (10) days following Tenant's notice to remove the Unauthorized
Materials.
11. CONDITION OF PREMISES
Except as otherwise expressly stated) in this Lease, Lessor hereby lets, demises and
leases, and Tenant takes the Premises in an "as is"physical condition with no warranty,
express or implied, on the part of Lessor as to the condition of any existing
improvements, the condition of the soil or the geology of the soil.
12. SITE IMPROVEMENTS
Tenant shall construct all site improvements as provided in final construction plans to be
approved by Lessor as set forth below). The improvements required by this section shall
hereafter be referred to as the "Hangar Improvements."
I
A. Construction of Improvements: Tenant shall only construct those Hangar
i
Improvements that are approved in writing in advance by Lessor. At a minimum,
Tenant shall construct the following:
1 ,
(1) Not more than a maximum of 15,000 square feet of hangar space capable
i
of handling aircraft;
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(2) Not more than a maximum of 5,000 square feet for a mechanics area,
pilots lounge, and office and storage space to be associated with the
hangarspace;
(3) No fewer than twenty l(20) parking spaces for use by employees,
passengers, crew members, and other visitors to the Premises; and
(4) Not more than a maximum of 20,880 square feet of aircraft parking ramp
and taxi space.
B. Plans and Lessor's Approval: An aviation engineer must review and approve
development plans prior to requesting the Director of Airports approval. Tenant
shall then obtain the Director of Airports' written approval of all plans and
specifications (together "Plans") for buildings, paving, landscaping, or other
improvements before any construction may be commenced. All Hangar
Improvements shall conform with any general requirements of Lessor and shall
be constructed or installed in conformance with the Plans, and all applicable
statutes, ordinances, building] codes, Buchanan Field Airport Policy and
Standards for Development, and rules and regulations of Lessor, and such other
l
authorities as may have jurisdiction over the Premises or Tenant's operations
i
thereon, including, but not limited to, the Contra Costa County Building
Inspection Department, Contra Costa County Public Works Department, the
1
Contra Costa County Community Development Department, and/or the Federal
Aviation Administration.
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Tenant shall be solely responsible for obtaining all necessary permits and
approvals, and for paying any and all fees required for said construction.
Lessor's approval of Tenant's Plans shall not constitute a representation or
warranty as to such conformityf and responsibility shall remain at all times in
_ Tenant.
The Contra Costa County Board of Supervisor's has approved and adopted a
Negative Declaration in compliance with the California Environmental Quality Act
,necessary for the development of the Hangar Improvements. Copies of the
Negative Declaration and Mitigation Monitoring Plan are attached hereto as
Exhibit "C", Tenant shall comply with all measures identified in the Mitigation
Monitoring Plan.1
C. Construction Schedule: Within one hundred fifty (150) days following the
Commencement Date, Tenant shall submit (i) three (3) sets of Plans which shall
have been reviewed and sta+ped by an aviation engineer and (ii) a detailed
construction schedule to the `Director of Airports for review and approval or
disapproval. Tenant shall not submit the Plans to the Contra Costa County
Building Inspection Department until the Director of Airports has approved the
Plans. The Director of Airpor s' review and approval or disapproval shall be
completed within thirty (30) days of submission. If the Director of Airports
disapproves of the Plans, the reasons therefore must be given to Tenant, and
Tenant shall have thirty (30)days to revise the Plans, and resubmit them to the
'The CEQA Negative Declaration and Mitigation Monitoring Plan will be scheduled for the Board of supervisors , Deleted:G:\Properties\DHI
consideration concurrent with the Lease approval and has not yet been approved or adopted. northwest Hangar,LLC\DHI Lease
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i
Director of Airports. The Direct Ir of Airports' review and approval or disapproval
of the revised Plans shall be coi pleted within thirty (30) days of re-submission.
The Director of Airports' approval is separate and distinct from approvals Tenant
is required to obtain from Lessor, other County Departments, and all other
_._ 'authorities having jurisdiction over the Premises, and the requirements imposed
on the Director of Airports by this Section do not apply to other County
,Departments and authorities. Within fourteen (14) days following approval of the
I
Plans by the Director of Airports, Tenant shall submit the Plans to the Contra
Costa County Building Inspection Department for review and approval.
Tenant shall commence construction of the Improvements within forty-five (45)
days after receiving a grading permit for the Improvements from the Contra Costa
County Building Inspection Department, and shall complete the construction of the
Hangar Improvements within twi Ive (12) months after receiving the grading permit
and the Director of Airports' approval. Tenant shall provide Lessor with a Notice
i
of Intent to Construct the Hangar Improvements at least sixty (60) days prior to
construction or delivery of materials.
t
The deadlines provided in this Section and the Ground Rent Commencement
Date may be extended upon! written approval of the Director of Airports in
consideration of time lost as a result of work stoppages, strikes, shortages of
material, acts of God, or other reasons beyond Tenant's control, as determined by
the Director of Airports, in his or her sole discretion.
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% Northwest Hangar,LLC\DHI Lease
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I
I
D. Performance and Payment Bonds: Not less than ten (10) working days before
the commencement of construction of the Hangar Improvements, Tenant shall, at
its sole cost and expense,furnish to Lessor a payment bond of a surety company
licensed to transact business in�the State of California, or other type of security
satisfactory to the Lessor, with Tenant as principal, in the penalty sum of one
hundred percent (100%) of the total estimated cost of the Hangar Improvements
t
and all other necessary appurtenances specific herein, guaranteeing the
payment of all labor, material, provisions, supplies and equipment used in,
upon, for or about the perfor i ante of said construction work or labor done
thereon of any kind whatsoever+and protecting Lessor from any liability, losses or
damages arising therefrom. Simultaneously, Tenant shall also provide Lessor a
performance bond of a surety company licensed to transact business in the State
of California, or other type security satisfactory to Lessor, with Tenant as
f
principal, in an amount equaII to one hundred percent (100%) of the total
estimated cost of the Hangar Improvements, guaranteeing faithful performance
within 12 months of the Commencement Date of all construction work associated
Y
with the Hangar Improvements. Said bonds or other security shall be in a form
acceptable to Lessor and shall name Lessor as obligee.
E. Inspection and Acceptance: Tenant shall be responsible for obtaining any
necessary permits from all Contra Costa County departments having jurisdiction
over the Airport, including but not limited to, the Building Inspection Department,
the Community Development Department and the Public Works Department, and
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I
all other agencies having jurisdiction over the Airport. All Hangar Improvements,
including but not limited to buildings, on the Premises, shall be subject to
inspection, testing, and acceptaInce in accordance with applicable law by the
Contra Costa County Public Works Department and Building Inspection
Department. Nothing in this Lease shall be construed as approval by Lessor or
any other governmental entity acting in its or their governmental capacity of the
Hangar Improvements or to release Tenant from any governmental application,
review or requirement.
F. No Warranties: The inspection,i testing and acceptance by Tenant under this or
any other section of this Lease,lof any plans submitted by or acts performed by
'Lessor shall not constitute a warranty by Lessor, and shall not relieve Tenant of
I
its obligation to fulfill the provisions of this Lease and of the Plans as approved by
I
Lessor, nor shall Lessor be thereby estopped from exercising any of its remedies
provided at law or equity or undeir this Lease.
G. Engineering: Lessor shall furnish Tenant with control information required for
ground and pavement elevations, specifications for earthwork, pavement, and
drainage. Tenant shall be responsible for all other engineering work and the
i
accuracy thereof. Any material deviations from the approved Plans must have
prior written approval by the Lessor.
H. Utilities: Upon the prior written approval of the Director of Airports, Tenant may
install any utilities on the Premilses at its own cost and expense and shall pay any
and all connection, inspection, i and service fees in connection therewith. oelec� etl:c.\Properties\Drn
Northwest Hangar,LLC\DHI Lease
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I
I. Paving and Concrete: Tenant shall upgrade the pavement for the aircraft
movement areas and concrete hangar floors such that they will accommodate
the heaviest aircraft expected to operate in the area, or fully loaded fuel trucks,
whichever is of greater weight, with a minimum expected pavement life of no less
than twenty-five (25) years. All road access shall be in accordance with Contra
Costa County Public Works Department standards.
J. Frontage Improvements: It is understood and agreed that Tenant shall, at
I
Tenant's sole expense, construct frontage improvements along Sally Ride Drive
in accordance with County standards and plans, immediately adjacent and
contiguous to the Premises, consisting of curbs, gutters and sidewalks as well as
landscaping improvements to the public property shown in Exhibit "A"
immediately across from the premises. Said frontage improvements shall be
completed, according to specifi�ations furnished by Lessor and approved by the
Public Works Department, no later than sixty (60) days after Substantial
Completion of the Improvements.
I
K. Hangar Setback: All hangars must be designed such that there is adequate
I
ramp space on the aircraft hangar door side(s) so that when the largest
anticipated airplane to be housed in the hangar is pulled full out of the hangar,
I
the aircraft does not obstruct any adjacent taxiways used by the largest aircraft
1
anticipated to use that taxiways Failure to design the hangar in compliance with
this provision shall be grounds for disapproval of the Plans by the Director of
Airports pursuant to Section 12!13,
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L. Notice of Nonresponsibility: A notice of Lessor non-responsibility shall be posted
and recorded by Tenant duri i g construction in accordance with Civil Code
Sections 3094 and 3129. A copy of notice is to be mailed to the Director of
Airport upon filing with the County Recorder.
-- M. Signs: Tenant may erect signs and advertising media and place the same upon
the Hangar Improvements in accordance with FAA and Buchanan Field Airport
Policy and Standards for Devel I pment, after obtaining the written approval of the
Director of Airports and of any Ither public agency having jurisdiction.
N. Landscaping: The landscaping' on the Premises shall be installed by Tenant, at
Tenant's sole expense, in accordance with landscaping plans approved pursuant
I
to Section 12.B., and shall be maintained by Tenant in a first-class condition.
13, UTILITY OBLIGATIONS:
j
Tenant shall pay on Tenant's own account for all utilities used or consumed on said
Premises, including, but not limited to gas, water, electricity, garbage disposal, storm
I
and sanitary sewer services,janitorial'services, and telephone services.
In the event Lessor, or any utility company, requires that any existing or new overhead
I
distribution system be installed underground, Tenant shall, at its own cost and expense,
provide all necessary facility,changes!on the Premises, so as to receive such service.
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14. ALTERATIONS AND ADDITIONS
Tenantshall not make any alterations, erect any additional structures, or make any
improvements on the Premises without prior written consent of the Director of Airports.
In the event Tenant makes alterations or constructs additions that violate the conditions
contained in this Lease (an "Unauthorized Addition"), at the Director of Airports' sole
discretion, Tenant shall remove those alterations and additions at Tenant's sole cost
and expense. Any such alterations, additions, or improvements, including Unauthorized
Additions, made shall remain on and be surrendered with the Premises on expiration or
termination of the Lease, except as itherwise provided in Section 28. Surrender of
Possession of this Lease. If Tenant is required to remove any such alterations,
additions, or improvements pursuant to(Section 28. Surrender of Possession, Tenant, at
its sole cost and expense, shall restore the Premises to the conditions existing
immediately prior to the existence of the alteration, addition, or improvement, or such
other condition designated by Lessor in
II its election.
I
If Tenant intends to make any alterations, erect any additional structures, or make any
additional improvements to the Premises as provided in this Section, Tenant may not
( commence construction until Tenant has provided Lessor ten (10) days advance written
notice thereof. In addition, a Notice of Lessor Non-Responsibility shall be posted and
recorded by Tenant during constructii n in accordance with'Civil Code Sections 3094
and 3129. A copy of the notice shall be mailed to Lessor upon filing with the County
I
Recorder.
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I
15. MAINTENANCE, REPAIR AND STORAGE
A. Tenant shall, at its sole cost and expense throughout the Term of this Lease,
maintain the Premises and all improvements thereon, including, but not limited to,
the Hangar Improvements, structures, signs, driveways, curbs, walkways, pads,
-- perimeter fences and gates, apio s, taxiways, mechanical equipment, utility lines,
drainage and sewage lines, fuel 'storage and dispensing facilities, environmental
control equipment, irrigation systems and landscaping and other facilities
(collectively, the "Improvements"), in a first-class condition. All maintenance,
i
repairs, and replacements shall be of a quality substantially equal to the original
material and workmanship and consistent with approved plans. Lessor shall be the
sole judge of the maintenance sta+ndards required.
i
I
Tenant shall perform all maintenance and repairs in compliance with, and
necessary to comply with, all applicable statutes, ordinances, resolutions,
regulations, orders, and policies1now in existence or adopted from time to time by
the United States, the State of California, the County of Contra Costa and other
government agencies with jurisdiction over the Airport.
i
B. In order to determine what main+enance is needed to maintain the Improvements
in a "first class condition," as described above, through the remaining term of the
Lease, Tenant agrees that, in Year thirty (30) of this Lease i.e., August 1, 2036 to
July 31, 2037, Lessor and Tenalnt shall in writing retain a mutually agreed upon
MAI appraiser to perform an inspection of the Premises and produce a report (the
"Inspection Report") to determine the replacement value (the "Replacement Deleted:c:\Propett es\DHI
Northwest Hangar,LLC\DHI Lease
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i
Value") of all buildings, ramps I and other facilities located on the Premises,
except as specifically provided in this Section below (collectively call
"Improvements"). The costs of,(retaining the agreed upon MAI appraiser shall be
equally divided between Tenant and Lessor. In the event that Lessor and Tenant
cannot mutually agree upon an M1 Al appraiser by November 1, 2036, both Tenant
and Lessor shall each select an+IMAI appraiser by January 1, 2037, to determine
the Replacement Value of th I Improvements. Each of the selected MAI
appraisers shall deliver their 'valuations no later than April 1, 2037 (the
"Replacement Value Appraisal Date"). Thereafter, Lessor and Tenant shall
attempt to arrive at a mutually agreed Replacement Value based on the
i
Replacement Values determined+by the selected MAI appraiser. If a Replacement
Value cannot be agreed upon within thirty (30) days of the Replacement Value
Appraisal Date, the parties shall jointly select an arbitrator who shall make a
binding determination as to which determination of Replacement Value is the most
accurate. If the parties cannot agree on an arbitrator within sixty (60) days after
1
the Replacement Value Appraisal Date, either party may submit the matter to the
America Arbitration Association, or another professional arbitration firm as agreed
in writing by both parties, for the immediate selection of an arbitrator who has
current aviation appraisal experience and who has substantial experience
appraising property in the geographic real estate market where the Premises are
located. The term "Improvements" shall not include any buildings, ramps or other
facilities that are comprised wholly of new construction that was completed by
Tenant after January 2031.
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In order to maintain the Improvements in such first class condition, Tenant shall
invest a minimum of fifteen percent (15%) of the Replacement Value between
Lease Years 2036 and 2046 (the "Improvement Maintenance Period"), with at
least five percent (5%) of the Replacement Value being invested between Lease
Years 2041 and 2046. Within six (6) months after receiving the Appraisal Report,
the Tenant shall provide the Director of Airports with a detailed property
improvement plan ("Improvemelnt Plan"). The Improvement Plan will contain a
timeline, and will itemize each i improvement to be completed by Tenant during
the Improvement Maintenance Period with an estimated cost. The Improvement
Plan may include, but is not limited to the following:
(1) Interior and exterior building improvements, including roof, doors,
I
windows, signage; painting, flooring, fixtures (i.e. lights, toilets and
1
sinks), et cetera.
(2) The replacement of asphalt, and the cut and repair of any concrete
i
features on the airlcraft ramp and in the parking lot.
I
(3) Repair, replace, land upgrade HVAC, plumbing and electrical
i
system.
J
All upgrades in the Improvement Plan must comply haith then-current building
codes. The building entrance aid at least one bathroom must conform to current
Americans with Disabilities Act("ADA")standards.
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I
C, Plans and Lessor's Approval• Tenant shall obtain Director of Airports' written
approval of all plans and specifications regarding the Improvements (together,
the "Improvement Plans") befO�re any Improvements may be commenced. All
Improvements shall conform with any and all general requirements of Lessor and
I
shall be constructed or installed in conformance with the Improvement Plans, and
all applicable statutes, ordinances, building codes, Buchanan Field Airport Policy
I
and Standards for Development, and rules and regulations of Lessor, and such
other authorities as may have jurisdiction over the Premises or Tenant's
operations thereon, including, 1 but not limited to, the Contra Costa County
Building Inspection Department I Contra Costa County Public Works Department,
I
the Contra Costa County Community Development Department, and/or the
Federal Aviation Administration.
Tenant shall be solely responsible for obtaining all necessary permits and
approvals, and for paying any and all fees required for said construction.
I
Lessor's approval of the Improvement Plans shall not constitute a representation
or warranty as to such conformity, and responsibility shall remain at all times in
i
Tenant.
D. Performance and Payment Bonds: Not less than ten (10) working days before
the commencement of construction of the Improvements, Tenant shall, at its sole
cost and expense, furnish to (Lessor a payment bond from a surety company
licensed to transact business it the State of California, or other type of security ,
satisfactory to the Lessor, with !Tenant's contractor or contractors as principals, in
,!Deleted:G:\Properties\DHI
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the penalty sum of one hundred percent (100%) of the total estimated cost of the
construction contract or contracts for the Improvements and other necessary
appurtenances specified herein, guaranteeing the payment of all labor, materials,
provisions, supplies and equipment used in, upon, for or about the performance
of said construction work or labor done thereon of any kind whatsoever and
protecting the Lessor from anyf liability, losses, or damages arising there from.
I
Simultaneously, Tenant shall also provide Lessor a surety bond of a surety
company licensed to transact business in the State of California, or other type of
security satisfactory to Lessor, with Tenant's contractor or contractors as
i
principals, in an amount equal to one hundred percent (100%) of the total
i
estimated amount of the construction contract or contracts for the Improvements,
r
guaranteeing faithful performance of such construction contract or contracts.
I
Said bonds or other security shall be in a form acceptable to Lessor and shall
name Lessor as obligee and any bond shall comply with the requirements of
I
California Civil Code Section 3440.
1
E. Inspection and Acceptance: Tenant shall be responsible for obtaining any
necessary permits from all Contra Costa County departments having jurisdiction
over the Airport, including but not limited to, the Building Inspection Department,
the Community Development Department and the Public Works Department, and
all other agencies having jui isdiction over the Airport. All Improvements,
including but not limited to buildings, on the Premises shall be subject to
inspection, testing, and acceptance in accordance with applicable law by the
Contra Costa County Public Works Department and Building Inspection 11 Northwst Hwgar,LLC\DHI Lease
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r
Department. Nothing in this LeJase shall be construed as approval by Lessor or
any other governmental entity acting in its or their governmental capacity of the
Improvements or to release Tenant from any governmental application, review or
requirement.
— F. No Warranties: The inspection, testing and acceptance by Tenant under this or
any other section of this Lease! of any plans submitted by or acts performed by
Lessor shall not constitute a warranty by Lessor, and shall not relieve Tenant of
its obligation to fulfill the provisions of this Lease and of the Improvement Plans
as approved by Lessor, nor shall Lessor be thereby estopped from exercising
1
any of its remedies provided at law or equity or under this Lease.
G. Engineering: Lessor shall furnish Tenant with control information required for
I
ground and pavement elevations, specifications for earthwork, pavement, and
drainage. Tenant shall be responsible for all other engineering work and the
accuracy thereof. Any material)deviations from the approved Improvement Plans
must have prior written approval by the Lessor.
H. Paving and Concrete: Tenant shall upgrade the pavement for the aircraft
I
movement areas as shown on the Airport Layout Plans, and concrete hangar
floors such that they will accommodate the heaviest aircraft expected to operate in
the area, or fully loaded fuel i trucks, whichever is of greater weight, with a
minimum expected pavement life of no less than twenty-five (25) years or as
recommended in the Inspection Report in Subsection 16.6. above. All road
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access shall be in accordance with Contra Costa County Public Works
Department standards.
1. Notice of Notice of Nonresponsibillity: A notice of Lessor non-responsibility shall
be posted and recorded by Tenant during construction in accordance with Civil
-- Code Sections 3094 and 3129. A copy of notice is to be mailed to the Director of
Airport upon filing with the County Recorder.
J. No materials, supplies, products, equipment or other personal property, except for
assembled aircraft and ramp equipment and vehicles in regular use, shall be
stored or permitted to remain on any portion of the Premises outside of buildings
or structures without the prior written consent of the Director of Airports. Tenant
shall store personal property items, supplies, materials and combustibles inside
the buildings in a safe, neat and Ianitary manner.
1
K. Tenant shall provide or cause Ito be provided adequate enclosures, screened
areas and/or suitable covered metal receptacles within the Premises for the short-
term accumulation and storage of solid waste, such as rubbish, trash, garbage,
sludge, discarded machinery or parts and any other solid industrial wastes. Such
enclosures and/or screened areas shall be designed in such a way as to prevent
odors, fumes, attraction of pests, and dispersal of wastes due to wind or water
1 I
runoff, and shall be serviced frequently by qualified waste removal and disposal
services.
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i
16. LAWFUL CONDUCT
Tenant shall obey and observe, and shall ensure that all persons entering upon the
Premises obey and observe, all the terI s and conditions of this Lease and all statutes,
ordinances, resolutions, regulations, orders, and policies now in existence or adopted
from time to time by the United States, ('including, but not limited to, the Federal Aviation
i
Administration) the State of California, the County of Contra Costa, the Central Contra
Costa Sanitary District, the San Francisco Bay Regional Water Quality Control Board,
and any other government agencies lith jurisdiction over the Airport (collectively, the
"Applicable Laws") including, but not limited to, Applicable Laws concerning health,
safety, fire, accessibility, police, and the
environment.
1
Tenant shall be responsible for paying fall fines and penalties levied by any government
agency for any violation of an Applicable Law associated with activities on the
Premises.
17. WASTE, QUIET CONDUCT, NUISANCE, POLLUTION
II
A. Tenant 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. Tenant shall provide, as necJssary, a separate drainage, collection, and/or
separation system to ensure that no untreated liquid waste from any type of
operation, including aircraft cleaning and oil change operations will enter the
Airport storm drainage or sanita�ry system, neletea:c:\rroperees\DHI
% Northwest Hvigar,LLC\DHI Lease
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C. Tenant shall not permit any act I
on the Premises that directly or indirectly
produces unlawful amounts or ,levels of air pollution, (e.g., gases, particulate
matter, odors, fumes, smoke, duist), water pollution, noise, glare, heat emissions,
electronic or radio interference with navigational and communication facilities for
the operation of the Airport and for its 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.
18. HAZARDOUS MATERIALS
A. Definition of Hazardous Materials: As used in this Lease, the term "Hazardous
Materials" shall mean any Hazardous or toxic substance, hazardous or
radioactive material, or hazardous waste, pollutant or contaminant at any
concentration that is or becomes regulated by the United States, the State of
California, or any local govelImment authority having jurisdiction over the
'Premises. Hazardous Materials include, but are not limited to, the following: (1)
Any "hazardous waste," ..extremely hazardous waste," or "restricted hazardous
waste," as defined in Sections125115, 25117 or 25122.7, or listed pursuant to
Section 25140 of the Californias Health & Safety Code, Division 20, Chapter 6.5
(Hazardous Waste Control Law); (2) any "hazardous Substance" as that term is
defined in Section 25316 of thle California Health & Safety Code, Division 20,
Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act, (3)
any material or substance (isted as a chemical known to cause cancer or
, Deleted:G:\Properties\DHI
reproductive toxicity pursuant to Section 6380 of the California Labor Code, r Northwest Hangar,LLC\DHI Lease
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I
Division 5, Part 1, Chapter 2.5 (Hazardous Substances Information and Training
Act); (4) any "hazardous waste' as that term is defined in the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C.
Section 6903); (5) any "hazardous substance" as that term is defined in the
I
Comprehensive Environmental Response, Compensation, and Liability Act of
1980, 42 U.S.C. Section 9601 et�seq. (42 U.S.C. Section 9601); (6)any pollutant,
contaminant, or hazardous, dan gerous, 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 or iers imposing liability or standards of conduct
concerning any hazardous, dangerous, or toxic waste, substance, or material,
.now or hereafter in effect; (7)� any petroleum product; (8) any radioactive
material, including any "source materials", "special nuclear materials", or
"byproduct material" as defined in 42 U.S.C. Section 2011 et seq.; (9) any
asbestos in any form or condition; and (10) any polychlorinated biphenyls (PCBs)
and any substances or any compounds containing PCBs.
B. Use of Hazardous Materials: Tenant shall not cause or permit any Hazardous
i
i
Material, as defined in this Section, to be generated, brought onto, stored, used,
emitted, released, discharged of disposed of in, on, under, or about the Premises
by Tenant or its officers, employees, agents, contractors, renters, guests or
invitees, except for limited quantities of (1) standard office and janitorial supplies
containing chemicals categorized as Hazardous Materials; (2) motor oils,
hydraulic fluids, fuel d other used in aircraft storage d Deleted:GAProperties\DHI
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fueling facilities; (3) such other Hazardous Materials as are approved in advance
in writing by Lessor.
C. Notification to the Director of Airports. If, during term of this Lease, Tenant
i
becomes aware of (a) any actual or threatened release of any Hazardous
Materials 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 Materialion, under, or about the Premises, Tenant shall
(1) immediately provide verbal inotification to the Director of Airports and (2)
provide written notification of such release or investigation to the Director of
Airports within twenty-four (24) hours after learning of it. In the event Tenant
receives any claims, notices of iiolation, reports, or other writing concerning the
aforementioned release or inveIstigation, Tenant shall furnish copies of all such
materials to Lessor no later than the business day following Tenant's receipt
thereof.
Notification to the Director of Airports under this Section does not relieve Tenant
i
of any obligation to notify any go+vernmental agency under any Applicable Law.
D. Indemnification: Tenant shall, at Tenant's sole expense and with legal counsel
reasonably acceptable to Lessor, indemnify, protect, defend, and hold harmless
I �
Lessor and Lessor's officers, employees, agents, and contractors from and
I
against any and all demands, losses, claims costs, suits liability and expenses
including without limitation, attoIrney's fees and consultant fees arising out of or
relating to the violation of any law regulating or the use, handling, generation, K7-331-06.doc
ed:c:\Properties\DHl
west Hangar,LLC\DHI Lease
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emission, release, discharge, storage or disposal of any Hazardous Materials
(such as those laws listed in this Section 18) ("Environmental Laws") by
Tenant or Tenant's officers, employees, agents, contractors, renters, guests or
invitees. This indemnification al plies whether or not any government agency
1
has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses
I
covered by this indemnification provision include, but are not limited to: (1)
Losses attributable to diminution in the value of the Premises; (2) loss or
restriction of use of rentable spice on the Premises; (3) adverse effect on the
marketing of any rental space onIthe Premises; and (4) penalties and fines levied
by, and remedial or enforcement actions of any kind issued by any regulatory
agency(including but not limited Ito the costs of any required testing, remediation,
repair, removal, cleanup or d ftoxification of the Premises and surrounding
properties). This indemnification clause shall survive any expiration or
termination of this Lease.
19. STORMWATER DISCHARGE
i
Contra Costa County has applied folr and received a National Pollutant Discharge
Elimination Permit ("NPDEP") under the Federal Clean Water Act, which covers
Tenant's operations on the Premises. I
I
Tenant shall ensure that no pollution or Hazardous Materials of any type will be
discharged into the storm water system' at the Airport, and shall comply with the NPDEP
in all respects and be held responsibleI for any such discharge by Tenant or by any of
Tenant's officers, employees, agents, Contractors, renters, guests or invitees during the Deleted:G:\Properties\DITI
Northwest Hangar,LLC\DHI Lease
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entire term of this Lease. Any fine or cost of remedial action required of Lessor, by any
agency or agencies having jurisdiction thereover, as a result of actions on or discharges
from the Premises, will be charged to Tenant, and Tenant shall immediately reimburse
Lessor for these costs upon demand. In addition, any discharge of pollutants or
Hazardous Materials, as defined herein, on or from the Premises shall be considered a
Default of this Lease and shall be grounds for its termination.
i
I
20. RULES AND REGULATIONS
Tenant agrees to observe and obey all policies, rules, and regulations promulgated and
enforced by Lessor and any other governmental entity having jurisdiction over the
i
Airport.
21. NOISE ORDINANCE
Tenant shall abide by all conditions of Contra Costa County Ordinances 87-8 and
88-82, as amended, or any other rules or ordinances relating to noise standards at the
Airport, as may be approved from tim'e to time by the Contra Costa County Board of
I
Supervisors. Tenant will provide quarterly noise abatement training to pilots of aircraft
i
based on the Premises.
i
I
22. SECURITY
Lessor shall have no obligation to provide security to the Premises. Tenant shall
provide, through the use of buildings, structures, walls, fences, gates and similar
I
barriers, or a combination thereof, positive uninterrupted on-site security at all times for
Deleted:G.\Properties\DHI
the prevention of unauthorized pedestrian and vehicular access to the aircraft operating Northwest Hangar,LLc\DHI Lease
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area by way of the Premises. Direct orindirectpoints of entry to the aircraft operating
area to accommodate authorized individuals and authorized vehicles shall be controlled
I
by Tenant in compliance with FAA and Airport security requirements. Tenant shall also
provide security for on-site facilities, such as vehicular parking lots, aircraft tie-down
aprons, buildings, hangars, fuel storage areas and shops. Tenant shall provide
adequate lighting to provide for all-night illumination of the perimeter of all buildings on
the Premises, including, aprons, aircraft tie-down areas, vehicular parking lots and
pedestrian walkways surrounding the Premises. If at any time during the term of this
Lease additional security requirements Iare imposed on the Airport by the FAA or any
other agency having jurisdiction over the Airport, Tenant shall comply with said security
requirements at Tenant's sole expense.I If Airport is fined by FAA for a security violation
caused by Tenant, Tenant shall immediately reimburse Lessor upon demand.
23. HOLD HARMLESS AND INDEMNIFICATION
I
Tenant shall defend, hold harmless, and indemnify the Indemnitees, as defined below
from the liabilities as defined in this section:
i
A. The indemnitees benefited avid protected by this promise are Lessor, its
governing body, elective and appointive boards, commissions, officers,
employees, representatives and'agents(the "Indemnitees");
B. The liabilities protected againstiare any liability or claim for damage of any kind
I
allegedly suffered, incurred or threatened because of an Act (as such term is
defined below) and such liabilities shall include, but are not limited to personal
Deleted:G:\Properties\DHI
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any combination of these, and including the defense of any suits or actions at law
or equity concerning these;
i
C. An "Act" shall be defined as any act, intentional or negligent, or omission by
Tenant, its agents, representatives, invitees, or contractors in connection with the
• 1
occupancy and use of the Premises by Tenant, its shareholders, or any renter or
assignee, or the matters covered by this Lease, or claimed to be attributable to
Tenant, its subcontractors, o any officers, agents, renters, assignees,
employees, or one or more of th em;
D. Non-conditions: The promise and agreement in this Section are not conditioned
or dependent on whether Tenant or Lessor has prepared, supplied, or approved
any plans or specifications in' connection with work performed pursuant to
Section 12. Site Improvements.+Section 14. Alterations and Additions or Section
15. Maintenance, Repair ands Storage, hereof, or has insurance or other
indemnification covering any of these matters.
24. INSURANCE
Tenant shall procure and maintain, at its own cost and expense, at all times during the
I
term of this Lease, the following policiI es issued by insurance companies authorized to
do business in California, with a financial rating of at least an �-status (unless otherwise
stated below) as rated in the most recent edition of Best's Insurance Reports:
A. Commercial General Liability. Pl operty Damage, and Hangarkeeper's Insurance:
Tenant shall obtain and maintain, owner, landlord, and tenant Commercial Deleted:c:\Pmperties\DHI
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General Liability Insurance with a financial rating of at least an A-or P status
(pooled insurance coverage)covering and insuring all parties hereto (including
naming Contra Costa County and�its officers, agents, and employees as
additional insureds under the policy or policies)with a minimum combined single
— - limit coverage of One Million and no/100 Dollars ($1,000,000)for all damages
due to bodily injury, sickness or disease, or death to any person and damage to
i
property, including the loss of use thereof, arising out of each accident or
I
occurrence arising out of ownership, maintenance, or use of the Premises and all
i
operations necessary or incidental thereto.
t
Lessor shall also obtain and ma ntain, Hangarkeeper's Liability Insurance in the
minimum amount of One Million and no/100 Dollars ($1,000,000)for each aircraft
in or on the Premises. Both li�bility insurance and Hangarkeeper's insurance
shall be factored periodically to 'aintain adequate coverage.
i
B. Fire Insurance: Tenant shall insure for fire and extended coverage risks all
personal property, improvemenI ts, and alterations in, on, or about the Premises.
Such insurance shall be in an i amount equal to one hundred percent (100%) of
insurable, full replacement val ie of any improvements located thereon, and shall
include vandalism and malicious mischief endorsements. Said fire insurance
policies shall contain loss payable endorsements in favor of the parties as their
respective interests may appeI r hereunder. Lessor and its officers, agents, and
employees shall be named as additional insureds in such policy or policies.
DeletedC. Casualties: In the event of d mage to or destruction of any buildings or other Northwest
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improvements on the Premises ("Insured Improvements") in excess of twenty-
five percent (25%) of the then replacement value of such Insured Improvements,
Tenant shall determine whether to repair or replace the Insured Improvements. If
Tenant determines to repair or replace the Insured Improvements, the proceeds
-- of any insurance policy paid on account of such damage or destruction shall first
be applied to the cost of repairing, or replacing the Insured Improvements. If
Tenant determines not to repair or replace the Insured Improvements, Tenant
may terminate this Lease upon (written notice to Lessor within thirty (30) days of
such damage or destruction. Ifl+ Tenant terminates this Lease pursuant to this
provision after deducting any proceeds payable to Tenant's Mortgagee, as
defined in Section 34. Financinql of Leasehold Estate, the remaining proceeds of
i
any insurance policy paid on account of such damage or destruction shall be
distributed to Lessor and Tena'nt pursuant to the following formula: Lessor's
share shall be the product of theJl remaining proceeds multiplied by a fraction, the
numerator of which is the number of months since the Commencement Date
until the date on which the 'casualty causing such damage or destruction
occurred, and the denominator of which is four hundred eighty(480) months, and
Tenant's share shall be the excess of the remaining proceeds after subtracting
Lessor's share. All fire and extended coverage policies insuring the
improvements may have a loss payable clause in favor of any Mortgagee of
Tenant, as such Mortgagee's i Iterest may appear.
Deleted:G:\Properties\DHI
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i
D, Worker's Compensation: Tenant 'shall obtain workers' compensation insurance
as required by law, covering all employees of Tenant, and said insurance shall
,
be kept in force during the entire term of this Lease.
i
E. Form of Policies: All policies of insurance required by this Section shall be in such
standard form and written by suich qualified insurance companies as shall be
satisfactory to Lessor. Evidencejof such insurance shall be provided by Tenant
by filing with Lessor a copy ofj the policy and policies, together with a duly
executed certificate of insurancelto the effect that the insurance required by this
Lease is extended in favor and consistent with the terms set forth herein. All of
such certificates shall specifically state that "Contra Costa County, its officers,
agents, and employees' are named as additional insureds under such policy or
t
policies. Said policy or policies oi r certificates shall contain a provision that written
notice of policy lapses, cancellation or any changes thereto shall be delivered to
Lessor no fewer than thirty(30)1 ays in advance of the effective date thereof.
F. Notice: Tenant shall give Lessor prompt and timely notice of any claim made or
suit instituted of which it has knowledge and which could in any way directly,
contingently or otherwise, affeci t either Tenant or Lessor or both, and both Tenant
and Lessor shall have the right to participate in the defense of such claim or suit
to the extent of its respective in terest.
25. TAXES
Tenant agrees to pay before delinquency all taxes (including, but not limited to,
Deleted:G:\Properties\DHI
possessory interest tax), assessments, license fees, and other charges which are levied
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and assessed upon Tenant's interest lin the Premises, or upon Tenant's personal
property installed or located in or on the Premises, by Contra Costa County or other
legally authorized governmental authority. Tenant may pay any taxes and assessments
I
under protest, without liability, cost or expense to the Lessor, to contest the amount in
good faith.
26. INSPECTION, ACCESS AND NOTICE
Insofar as the same may be necessary�for the protection of Lessor's rights, Lessor and
I
its agents shall at any and all times have the right to go upon and inspect the Premises
and any and every building, structure, f r improvement erected or constructed or in the
course of being erected or constructed, repaired, added to, rebuilt or restored thereon.
I
Lessor shall also have the right to serve or to post and to keep posted on the Premises,
or on any part thereof, any notice permitted by law or this Lease, including but not
limited to a notice pursuant to Section 3094 of the Civil Code. Lessor shall not be liable
1
in any manner for any inconvenience,+disturbance, loss of business, or other damage
arising out of Lessor's entry on the Premises as allowed in this Section. Lessor shall
conduct its activities as allowed in this Section in a manner that will cause the least
possible inconvenience, annoyance, of disturbance to Tenant, and shall not materially
interfere with access to or use of the Premises. Tenant shall provide an access gate
through the Premises for emergency vehicles.
27. ASSIGNMENT AND ENCUMBRANCES
Tenant shall not voluntarily sell, assigl, transfer or encumber (each, a "Transfer"), its
Deleted:G:\Properties\DHI
interest in this Lease or in the Premises, or allow any other person or entity (except Northwest Hangaz,LLC\DHI Lease
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i
Tenant's authorized representatives) to occupy or use all or any part of the Premises,
without first obtaining Lessor's written consent, which shall not be unreasonably
withheld. Notwithstanding the foregoing sentence, Lessor shall have the right to require
additional financial and other information from the proposed assignee, purchaser,
transferee or other encumbering party(eIach, a"Transferee"), to make its decision, and
Tenant agrees to assist Lessor in reJceiving such information from any proposed
Transferee. Any Transfer without Lessor's prior written consent shall be voidable and,
at Lessor's election, shall constitute a Default. Any consent to a Transfer shall not
constitute a further waiver of the provisions of this Section.
If Tenant is a corporation or a limited liability company, any (i) dissolution, merger,
consolidation, or other reorganization ,of Tenant, or (ii) the sale or other transfer of a
controlling percentage of the capital sto+ck or membership interests, as the case may be,
of Tenant, or (iii) the sale of fifty perce, nt (50%) of the value of the assets of Tenant,
shall be deemed a voluntary assignment. The phrase "controlling percentage" means
(a) in the case of a corporation, the ownership of, and the right to vote, stock
possessing more than fifty percent (50%) of the total combined voting power of all
classes of Tenant's capital stock issued, outstanding, and entitled to vote for the
election of directors or (b) in the case of a limited liability company, ownership of, and
the right to vote membership interests ossessing more than fifty percent (50%) of the
total combined voting interests of Tena',nt.
If Tenant is in default of monetary obligations to Lessor pursuant to this Lease, Tenant
immediately and irrevocably assigns to Lessor, as security for Tenant's monetary
, Deleted:G:\Properties\DHI
Northwest Hangaz,LLC\DI-ll Lease
obligations under this Lease, all rent from any subletting of all or part of the Premises as -al-o6.ao<
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permitted by this Lease, or a receiver for(Tenant appointed on Lessor's application, may
collect such rent and apply it toward Tenant's obligations under this Lease.
28. SURRENDER OF POSSESSION I
1
I
Title to all improvements constructed upon the Premises, including all alterations or
additions (including Unauthorized Additions) thereto, shall remain in Tenant until the
expiration, cancellation, or other earlier termination of this Lease. Upon such expiration,
cancellation or other earlier termination of this Lease, title to said improvements shall
automatically vest in the Lessor and, except as otherwise provided herein, said
I
improvements shall remain upon and be surrendered with the Premises as part thereof.
If Lessor does not desire title to said improvements, Tenant shall, upon written notice by
I
Lessor, and at Tenant's sole cost and expense, return the Premises to Lessor clear of
any or all improvements, above or b I low ground level, constructed by Tenant and
identified in such notice. Tenant shall complete its removal of such improvements at its
expense within one hundred twenty (1120) days of the effective date of such notice. If
Tenant fails to remove the improvements, Lessor may remove them at Tenant's
expense, and Tenant shall immediately reimburse to Lessor, in full, all of Lessor's costs
and expenses incurred in removing (those improvements upon written demand by
Lessor.
Title to personal property belonging to Tenant shall at all times during the term of this
Lease remain in Tenant, and Tenant shall have the right at any time to remove any or
all personal property of any kind and nature whatsoever that Tenant may have placed or
Deleted:G:\Properties\DI-ll
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at its sole cost and expense, any damage resulting therefrom and leave the Premises in
a clean and neat condition. I
Upon expiration or within thirty (30) days after cancellation or termination of this Lease,
Tenant shall surrender to Lessor the Premises and all improvements, including
alterations and additions, in good coni ition (except for ordinary wear and tear and
destruction to the Premises covered by Section 31. Destruction), except for those
improvements, alterations and additions that Tenant has the obligation to remove under
the provisions of this Section and Section 14. Alterations and Additions. If Tenant fails
to remove its personal property from the Premises within sixty(60) days after expiration,
cancellation, or termination of this Lease, said property may be removed by Lessor at
Tenant's expense, by use of the Secu'lity Deposit, as provided in Section 7. Additional
Payment Provisions, If Lessor's cost to remove Tenant's personal property exceeds the
amount of the Security Deposit, then Tenant shall reimburse Lessor the difference
between Lessor's cost and the amount of the Security Deposit, immediately upon
Lessor's written demand.
If Tenant fails to surrender the Premises to Lessor on expiration or within thirty (30)
days after cancellation or termination of this Lease, Tenant shall defend, indemnify, and
hold Lessor harmless from any and all claims, liability, costs, and damages resulting
from Tenant's failure to surrender the Premises, including, without limitation, claims
made by a succeeding tenant or renter.
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29. DEFAULT
The occurrence of any of the following; shall constitute a default (a "Default") by
Tenant:
I
_._ A. Failure by Tenant to pay any Rent or other charges when due, if the failure
continues for thirty(30) days after notice has been given to Tenant.
B. Tenant abandons the Premise's through its failure to occupy and operate the
Premises for ninety(90)days.
C. To the extent permitted bylaw:
1. Tenant shall become insolvent, file a voluntary petition in bankruptcy or
an involuntary petition lin bankruptcy is filed against Tenant, or Tenant
shall lose possession of the Premises, or any portion thereof, by virtue
of any attachment, execution, or receivership, and such insolvency,
bankruptcy proceedings or loss of possession is not terminated in
Tenant's favor within sixty(60) days thereafter.
2. Tenant makes a general assignment for the benefit of creditors.
D. Failure to comply with any of the provisions of Section 35. Non-
Discrimination.
E. Any act, condition, event, Jor failure of performance by Tenant constituting a
default under any other provision of this Lease.
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I
F. Not withstanding the foregoing, failure to perform any other provision of this
Lease, if the failure to perform is not cured within thirty (30) days after written
notice has been given to Teni nt. If, in Lessor's reasonable judgment, the
Default cannot reasonably De 'cured within thirty (30) days, Tenant shall not
_._ be in Default of this Lease if Tenant commences to cure the Default within the
thirty (30) day period and diligently and in good faith continues to cure the
Default to completion. Safety j nards must be cured immediately.
30. LESSOR'S REMEDIES
Lessor.shall have the following remedies upon the occurrence of a Default. These
remedies are not exclusive; they are cumulative and in addition to any remedies now or
later allowed by law.
A. Lessor may terminate this Lease and Tenant's right to possession of the
Premises at any time. No act by Lessor other than giving written notice to
Tenant shall terminate this Lease. Lessor's acts of maintenance, efforts to re-let
the Premises, or the appointm�nt of a receiver on Lessor's initiative to protect
Lessor's interest under this LeaIse shall not constitute a termination of Tenant's
right to possession. Upon termination of this lease, Lessor has the right to
recover from Tenant:
(1) The worth, at the�time of the award, oftheunpaid Rent and fees
that had been earned at the time of the termination of this Lease;
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(2) The worth, at the time of the award, of the amount by which the
unpaid Rent and fees that would have been earned after the date of
termination of this Lease until the time of award exceeds the
amount of the loss of Rent and fees that Tenant proves could have
I
been reasonably avoided;
(3) The worth, at the time of the award, of the amount by which the
unpaid Rent for thel balance of the term after the time of award
exceeds the amou1lt of the loss of Rent and fees that Tenant
proves could have been reasonably avoided; and
(4) Any other amount, Ind court costs, necessary to compensate
Lessor for all detriment proximately caused by Tenant's Default.
'The worth, at the time of the award," as used in (1) and (2) of this Section, is to
be computed by allowing interest at the rate of ten percent (10%) per annum or
the maximum rate permitted bylaw, whichever is greater. "The worth, at the
time of the award,' as used in Pjl ragraph 3 of this Section, is to be computed by
discounting the amount at the discount rate of the Federal Reserve Bank of San
Francisco at the time of the awaJfd, plus one percent(1%).
I
B. Lessor, at any time after the occurrence of a Default, can cure the Default at
Tenant's cost, provided LessorI,I has given Tenant thirty (30) days written notice
and (i)Tenant has failed to curesuch Default within such thirty (30) days or, (ii) if
the Default is of such a nature that it cannot be cured within such thirty (30) day
Deleted:G:\Properfies\DH1
period, Tenant fails to pursue such cure diligently to completion. If Lessor at any �'°mow°stHvtgaq Llc\DH1lease
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time, by reason of Tenant's Default, pays any sum to cure the Default or does
any act that requires the payment of any sum, the sum paid by Lessor shall be
due from Tenant to Lessor within thirty (30) days from the time the sum is paid,
upon written notice given by Lessor oto Tenant, and if paid by Tenant at a later
date, shall bear interest at the rate of ten percent (10%) per annum or the
maximum rate permitted by law, whichever is greater, from the date the sum is
paid by Lessor until Lessor is completely reimbursed by Tenant. Such sum,
together with interest accrued the ieon shall be paid by Tenant as Additional Rent
In the event of Default by Tenant in connection with the construction of the
Hangar Improvements pursuant to Section 12. Site Improvements or the
Improvements pursuant to Sectio) 15. Maintenance, Repair and Storage, Lessor
may exercise its rights as an 'obligee against the surety company on the
performance bond required by Subsection 12.D. Performance and Payment
Bonds or Section 15.D. Performance and Payment Bonds, as the case may be,
and may take such steps as are necessary to cause the cure of such Default by
the principal, the surety company or others.
31. DESTRUCTION
Tenant agrees to notify Lessor in writing of any damage to the Premises resulting from
fire, earthquake or any other identifiable event of a sudden, unexpected or unusual
J
nature. If any Improvements erected in the Premises are damaged or destroyed as a
result of any uninsurable cause or risk at the time of destruction, in the amount of at
least twenty-five percent (25%) of the replacement cost of all Improvements, Tenant oeletea:c:\rroyeruesu�rn
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shall have the option to either terminate this Lease or to replace and rebuild the
Improvements so they are in substantially the same condition as they were in
immediately before such damage or destruction. Tenant shall give written notice of its
election to Lessor within forty-five (45) days of the date of the loss or destruction of the
i
Improvements.• If Tenant elects to terminate this Lease, this Lease shall terminate. If
Tenant elects to rebuild, only Ground Rent will be abated in an amount equal to the
Ground Rent due for such month mulltiplied by the percentage resulting from the
replacement costs of damage to the Improvements divided by the replacement cost of
all Improvements for a period not to exceed three (3) months from the date of such
written notice, unless otherwise extended by mutual and written agreement by Lessor
and Tenant. If the damage is less tha �i twenty-five percent (25%) of the replacement
cost of the Improvements, Tenant shall Rebuild the Improvements, and no Ground Rent
abatement shall apply. J
I
Tenant shall have one hundred eighty (:180) days to commence repair or restoration of
the Improvements, and shall diligently pursue the completion of such Improvements.
32, CONDEMNATION
E
A. If any part of the Premises shall be taken as a result of the exercise of the power
i
of eminent domain or be conveyed to any entity having such power under threat
of exercise thereof (both such actions being hereinafter referred to as
"Condemnation"), this Lease shall automatically terminate as to the portion of
the Premises subject to Condeimnation as of the date physical possession of
such portion is taken by a condemnor. The value of any damages to the Deleted:G:\Propert es\DHI
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remainder of the Premises sustained by the Tenant and or Lessor as a result of
said Condemnation action shall be determined by a court of law or by negotiation
and agreement with the condemnor.
B. If the remaining part of the Premi+es will not be reasonably suitable for the use
-- described in Section 9. Use of Premises, this Lease may be terminated by either
Lessor or Tenant, at any time by written notice within thirty (30) days after the
date possession of the condemned portion is taken by a condemnor. If the
remaining part of the Premises witll be reasonably suitable for the operation of the
business described in Section 9? Use of Premises, this Lease shall continue in
full force and effect as to such remaining part. If this Lease is not so terminated,
as of the date of such Condemnation, the Ground Rent shall continue to be the
rate then in effect per square foot per year pursuant to Section 6. Rent, but the
total number of square feet shall�be reduced by the number of square feet of the
i
Premises taken and the Ground Rent shall reflect such reduction.
In the event that all or any part of the Premises shall be taken by Condemnation
or conveyed in lieu thereof, both parties shall have the right to pursue a
condemnation award against the condemning agency, with the Tenant being p
C
entitled to any award for lost bI usiness, moving expenses, and the depreciated
value of any fixtures or property improvements installbd by the Tenant, and the
Lessor being entitled to all other amounts awarded, including but not limited to,
all amounts awarded for land value. No claim made by or payment to the Tenant
shall diminish or otherwise ad tersely affect the Lessor's award. Provided that
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I
claim against Lessor for any loss, damage or other matter arising out of said
condemnation,
33. CANCELLATION BY LESSOR
If at any time ten (10) years or more after the Commencement Date of this Lease,
Lessor requires the Premises for purposes other than a corporate hangar, Lessor shall
i'
have the right to cancel this Lease and to acquire full title, control and possession of the
Premises and all Improvements thereon by giving one(1)year's written notice to Tenant
of the effective date of'such cancellation.
I
In the event of such cancellation, Less Ir and Tenant shall attempt by negotiation to fix
the value of Tenant's remaining interest in the Premises and the Improvements thereon,
considering the fair market value of the remaining term of the Lease and the then
existing fair market value of the Improvements installed by Tenant on the Premises, and
any other factors that might be used in imaking such a determination. In the event that
i
diligent and good faith negotiations fail to establish an agreement on the amount of
I
compensation to be paid to Tenant, either Lessor or Tenant may give written notice
("Appraisal Notice") to the other, declaring an end to negotiations and requiring the
amount of compensation to be paid to Tenant to be determined by the appraisal method
set forth in this Section 33. The appraisal method shall be as follows: two qualified and
7
licensed real estate appraisers shall be selected, one by Lessor and one by Tenant.
Each appraiser shall be a member of the American Institute of Real Estate Appraisers,
have the designation of MAI, and shall have current aviation appraisal experience in
appraising property in the geographic real estate market where the Premises is situated. aeleter— tl: .\Prorties\Dlil
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Lessor and Tenant shall each appoint one appraiser within fifteen (15) days of the
Appraisal Notice, and the name of the appraiser so appointed shall be given to the other
party. In the event that either Lessor or Tenant defaults in the appointment of an
appraiser within said fifteen (15) days, the appraiser elected by the non-defaulting party
shall name a second appraiser. Upon completion of appointment, each appraiser shall
proceed to determine the then existing falir market rental value of Tenant's interest in the
I
Premises within forty-five(45)days of appointment. In determining the then existing fair
market value of the Tenant's interest in the Premises, the appraisers including a third
appraiser appointed pursuant to the follllllowing paragraph, shall consider the remaining
term of the Lease and any other factors then currently in use for standard real estate
appraisals as fixed by the American) Institute of Real Estate Appraisers. Such
determination of value shall be binding on both Lessor and Tenant.
I
i
In the event the appraisers cannot agree upon fair market value within forty-five (45)
I
days of their appointment, they will mutually appoint a third appraiser, who shall be a
member of the American Institute of Real Estate Appraisers, have the designation of
I
MAI and have current aviation appraisal experience in appraising property in the
geographic real estate market where the Premises is situated. The third appraiser shall
be appointed within fifteen (15) days oflthe expiration of the forty-five (45)day appraisal
J
period.. If a third appraiser is not selected within said fifteen (15) day period, a third
appraiser shall be selected by a presiding judge of the Contra Costa County Superior
Court. Within thirty (30) days of selection of the third appraiser, the first two appraisers
shall inform both parties in writing of their fair market value determinations. Upon
com letion of the ointment, said third appraiser shall proceed to determine the fair Deleted:c:\ign, LC\DH,
p pp p Northwest Hangaz,LLC\DHI Lease
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market rental value in accordance with the foregoing standards within forty-five (45)
days. The determination made by the third appraiser shall be binding upon both Lessor
and Tenant. Each party shall bear the expense of the appraiser appointed by that party
{
(or the appraiser selected for such party by the other party in the event one party fails to
timely select an"appraiser)and one-half the expense of the third appraiser, if appointed.
For the purposes of this Section 33. the value of Tenant's interest in the Premises shall
include, but is not limited to, (a) the fair+market value of this Lease, valued without the
Improvements on the Premises and valued as if the Lease were not to be canceled and
(b) the fair market value of Tenant's Improvements, were they to remain on the
Premises. Consideration shall also be given to the Lessor's current pro rata interest in
r
the Improvements as described in Section 24.C. Casualties. Lessee shall be entitled to
payment of the amount fixed by the above appraisal method as of the date Lessor
acquires full title, control and possession of the Premises. Lessee shall have no right to
I
recover the value of its Improvements in the event that the Lease is terminated as the
result of Lessee's Default or for any reason other than as specified in this Section 33.
34. FINANCING OF LEASEHOLD ESTATE
,�
Subject to the conditions set forth below, Tenant shall have the right to encumber its
i
leasehold estate in the Premises ("Leasehold Estate"), and/or the Improvements
thereon, with only one Mortgage (as defined below) at any one time. For example,
Tenant may subject only the Leasehold Estate to a Mortgage, or Tenant may obtain one
Mortgage covering both the Leasehold Estate and the Improvements, but Tenant shall
not subject the Leasehold Estate and the Improvements to separate Mortgages at the Deleted:G:\Properties\DH1
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same time. Further, Tenant may not tlhen take out additional Mortgages, such as
second loans, on either the Leasehold Estate or the Improvements, or both together.
Tenant shall have the above rights to;finance, subject to the following terms and
conditions:
—-- A. The Mortgage and all rights acquired under it shall be subject to all of the
covenants, conditions, and restrictions contained in this Lease and to all rights
and interests of Lessor;
B. Tenant shall give Lessor sixty (60)`days prior written notice of any Mortgage, and
shall accompany the notice with! a description of the terms of the proposed
financing and a true copy of the proposed note, Mortgage, or other financing
documents;
C. Lessor shall not exercise its remedies under Section 30. Lessor's Remedies, of
I
this Lease unless:
i
I
(i) Lessor sends a written notice of Default to both Tenant and Mortgagee
setting forth the nature and extent of the default, and
(ii) Within sixty (60) days after)service of the notice of Default, the Mortgagee
fails to do either of the'folloZg:
I
a. Cure the Default if i I can be cured by the payment of money; or
b. If Mortgagee does i of elect to cure the Default by the payment of
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the Mortgagee commences Foreclosure proceedings and
thereafter, in Lessor's sole opinion, diligently prosecutes the
Foreclosure proceedings to conclusion.
1
D. The Mortgagee shall not be liable to perform Tenant's obligations under this
- I
Lease until the Mortgagee acquires the Leasehold Estate by Foreclosure, as
described herein or by transfer in lieu of or under threat of Foreclosure.
However, after the Mortgagee acquires the Leasehold Estate, Mortgagee shall
be liable to pay any Rent and any other payments due by Tenant, and to cure
any Default. After the Mortgagee I cquires the Leasehold Estate by Foreclosure,
the Mortgagee shall be liable to perform Tenant's obligations under this Lease
only until the Mortgagee thereaft1l r assigns or transfers the Leasehold Estate.
Any assignment or transfer of the Leasehold Estate by the Mortgagee shall
require the written consent of Lessor and any purported assignment or transfer
shall be ineffective without such written consent. Any such assignee or
transferee shall then be liable to perform Tenant's obligations under this Lease.
E. The time in which the Mortgagee is allowed to cure any Default under this Lease
shall be extended by any period of time during which the Mortgagee is precluded
by current law from Foreclosing ildue to the bankruptcy of Tenant or any court
order prevents the Mortgagee from so acting.
F. (i) As used in this Section:
(a) "Tenant" shall include all assignees and renters of Tenant;
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(b) "Mortgagee" shall include the Trustee and beneficiary under a
deed of trust;
I
(c) "Mortgage" shall include a deed of trust, or any other form of real
i
i
property security; and
(d) "Foreclosure" shall include any judicial foreclosure or sale under
the power of sale in lieu of judicial foreclosure, or any transfer in
lieu or under threat of foreclosure.
(ii) Estoppel Certificates. Up I n written request by Tenant, Lessor shall
execute, acknowledge, aid deliver to Tenant or to any lender or
Mortgagee, a written statement stating (a) whether the Lease is
unmodified and is in full force and effect, and if modified, whether the
modified Lease is in full force and effect, and stating the nature of the
modification), (b) the dates to which all rents and other payments due
hereunder have been paid, (c) whether Lessor is aware of any Tenant
Default in the performance for observance of any term or,condition hereof,
and whether any notice has been given to Tenant of any Default which
has not been cured (and, if so, specifying the same) and (d) such other
information as Lessor agrees to provide.
1
35. NON-DISCRIMINATION
A. Tenant hereby covenants and agrees that in the event facilities are constructed,
maintained, or otherwise operated on the Premises for a purpose for which a Deleted:cnProperties\DHI
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United States Department of Transportation ("DOT") program or activity is
extended or for another purpose involving the provision of similar services or
benefits, Tenant shall maintain and operate such facilities and services in
i
compliance with all requirements imposed pursuant to Title 49, Code of Federal
Regulations, Part 21, Non-discrimination in Federally Assisted Programs of the
Department of Transportation, ("Title 49, CFR Part 21"), and as such
Regulations may be amended.
B. Tenant hereby covenants and agrees that (1) no person shall be excluded from
participation in, denied the ben efits of, or be otherwise subjected to,
discrimination in the use of the Premises on the grounds of race, color, sex, or
national origin, (2) that in the construction of any improvements on, over, or
under the Premises and the furnishing of servicesthereon, no person shall be
excluded from participation in, denied the benefits of, or be otherwise subjected
to discrimination on the grounds of race, color, sex, or national origin and (3)that
Tenant shall use the Premises in ci mpliance with all other requirements imposed
by or pursuant to Title 49, CFR Part 21, as Regulations may be amended.
C. In the event of a breach of any of the above non-discrimination covenants,
Lessor shall have the right to termii ate this Lease and to re-enter and repossess
the Premises and the facilities thereon, and hold the same as if this Lease had
never been made or issued. ThisI provision does not become effective until the
procedures of 49 CFR Part 21 are followed and completed, including the
expiration of any appeal rights.
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D. Tenant shall furnish its accommodations and/or services on a fair, equal, and not
unjustly discriminatory basis to all users thereof and it shall charge fair,
reasonable, and not unjustly discriminatory prices for each unit or service,
l
provided that Tenant may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume
purchasers.
i
E. Noncompliance with Subsection D. above shall constitute a material breach
thereof and, in the event of such noncompliance, Lessor shall have the right to
terminate this Lease without liability therefore or, at the election of Lessor or the
United States, either or both governments shall have the right to judicially enforce
the provisions of Subsection D.
F. Tenant agrees that it shall insert the above subsections A through E in any
sublease agreement by which Tenant grants a right or privilege to any person,
firm, or corporation to render accommodations and/or services to the public on
the Premises.
G. Tenant assures that it will undertake an Affirmative Action program as such term
is defined and required by 14 CFR Part 152, Sub-part E ("Sub-part E") to
ensure that no person shall on thy
+ grounds of race, creed, color, national origin,
or sex, be excluded from participating in any employment activities covered by
Sub-part E. Tenant assures that ilio person shall be excluded on these grounds
from participating in or receiving the services or benefits of any program or
activity covered by Sub-part E. Tenant assures that it will require that its covered J Delefea:c:\Prope,Hes\DHI
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suborganizations provide assurances to Tenant that they similarly will undertake
Affirmative Action programs, and that they will require assurances from their
suborganizations, as required by Sub-part E, under take to the same effort.
36. OPERATION OF AIRPORT BY LESSOR j
A. Aviation Hazards: Lessor reserves the right to take any action it considers
necessary to protect the aerial approaches of the Airport against obstructions,
together with the right to prevent Tenant from erecting, or permitting to be
erected, any building or other structure on the Premises which, in the opinion of
the Lessor or the Federal Aviation! Administration, would limit the usefulness of
the Airport or constitute a hazard tO aircraft.
B. Navigational Aids: Lessor reserves the right during the term of this Lease or any
renewal and/or extension thereof to install air navigational aids including lighting,
I
in, on, over, under, and across thOremises. In the exercise of any of the rights
hereof, Lessor agrees to give Tenant no less than ninety (90) days written notice
I
of its intention to install such air navigational aids.
I
37. AIRPORT USE AND DEVELOPMENT
A. Lessor reserves the right to further develop or improve the landing area of the
Airport as it sees fit, regardless of the desires or view of Tenant and without
interference or hindrance.
B. Lessor reserves the right, but shall not be obligated to Tenant, to maintain and
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the Airport, together with the right to direct and control all activities of Tenant in
this regard.
I
C. This Lease shall be subordinate ito the provisions and requirements of any
existing or future agreement between Lessor and the United States, including but
I
not limited to the Federal Aviation] Administration, relative to the development,
operation, and maintenance of the 11Airport.
D. There is hereby reserved to Lessor, its successors and assigns, for the use and
benefit of the public, a right of flight for the passage of aircraft in the airspace
above the surface of the Premise. This public right of flight shall include the
right to cause in said airspace any noise inherent in the operation of any aircraft
used for navigation or flight through
said airspace or landing at, taking off from, or
operation at the Airport.
38. DEVELOPMENT OF PREMISES
i
A. Tenant shall comply with the notification and review requirements covered by 14
CFR Part 77 of the Federal Aviation Regulations in the event future construction
of a building is planned for the! Premises, or in the event of any' planned
modification or alteration of any present or future building or structure situated on
the Premises.
B. Tenant shall not erect nor permit the erection of any structure or object, or permit
the growth of any tree on the IPremises to exceed the established height
contours. In the event the aforesaid covenants are breached, Lessor reserves oeletea:c:\rroper es\D111
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the right to enter upon the Premises and to remove the offending structure or
I
object and cut the offending tree, all of which shall be at Tenant's sole cost and
expense. I
i
C. Tenant shall not make use of or de1 velop the Premises in any manner that might
interfere with the landing and taking off of aircraft from the Airport or otherwise
I
constitute a hazard. In the event the aforesaid covenant is breached, Lessor
reserves the right to enter upon the Premises and cause the abatement of such
interference at the sole cost and expense of Tenant.
D. Nothing herein shall be construed to grant or authorize the granting of an
exclusive right within the meaning of Section 308a of the Federal Aviation Act of
1958 (49 U.S.C. §40103).
E. This Lease and all of its provisions,shall be subject to whatever right the United
States Government now has or in the future may have or acquire, affecting the
control, operation, regulation, and tl king over of the Airport by the United States
during a time of war or national emergency,e
39. INSTRUMENT OF TRANSFER
This Lease shall be subordinate and subject to the provisions and requirements of the
Instrument of Transfer by and between the United States and Lessor dated the 9th day
of October, 1947, and recorded in Book 1137, at page 114 of the Official Records of the
County of Contra Costa, State of California.
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i
40. CHOICE OF LAW
i
This Lease shall be interpreted and enforced under the laws of the State of California,
with venue in the Superior Court of Contra Costa County, California.
I
41. NOTICES I
Any and all notices to be given under this Lease, or otherwise, may be served by
enclosing same in a sealed envelope addressed to the party intended to receive the
same, at its address set forth herein, and I eposited in the United States Post Office as
certified mail with postage prepaid. When so given, such notice shall be effective from
the date of the mailing of the same. For the purposes thereof, unless otherwise
provided in writing by the parties hereto, the address of Lessor, and the proper party to
receive any such notices on its behalf, is:
Director of Airports
Contra Costa County Airports
550 Sally Ride Drive
Concord, CA 94520-5550
and the address of Tenant is:
DH! Northwest Hangar, LLC
c/o DeNova Homes
333 Civic Drive
Pleasant Hill, CA 94523 '
f�
I
42. TIME IS OF THE ESSENCE i
Time is of the essence for each provision of this Lease.
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43. BINDING ON SUCCESSORS
I
The covenants and conditions herein contained shall, subject to the provisions as to
assignment, apply to and bind the heirs; successors, executors, administrators and
assigns of all of the parties hereto.
44. INVALID PROVISIONS: SEVERABILITY
It is expressly understood and agreed by and between the parties hereto that in the
event any covenant, condition or provision contained herein is held to be invalid by a
court of competent jurisdiction, such invalidity shall not invalidate any other covenant,
condition or provision of this Lease, provided, however, that the invalidity of any such
covenant, condition or provision does not materially prejudice either Lessor or Tenant in
their respective rights and obligations coitained in the valid covenants, conditions and
provisions of this Lease.
45. PROVISIONS
All provisions, whether covenants or co r�ditions, on the part of Tenant and/or Lessor
shall be deemed to be both covenants and conditions.
r
i
46. ENTIRE AGREEMENT
This Lease and all exhibits referred to in this Lease constitute the entire agreement
between the parties relating to the rights herein granted and the obligations herein
assumed and supersedes all prior or contemporaneous understandings or agreements
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I
i
F-
of the parties. No alterations or variations if this Lease shall be valid unless they are in
writing and signed by Lessor and Tenant.
47. CUMULATIVE RIGHTS AND REMEDIES
The rights and remedies with respect to any of the terms and conditions of this Lease
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.
48. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement, express or implied, is intended to confer on any person,
other than Lessor and Tenant, and their respective successors-in-interest, any rights or
remedies under or by reason of this Lease
49. NO CONTINUING WAIVER
The waiver by Lessor of any breach of any of the terms or conditions of this Lease shall
not constitute a continuing waiver or a waiver of any subsequent breach of the same or
of any other terms or conditions of this LI ase. The receipt by Lessor of any Rent with
knowledge of the breach of any term or condition of this Lease shall not be deemed to
be a waiver by Lessor, unless such waiver is specifically expressed in writing by the
Director of Airports. No payment by Tenant or receipt by Lessor of a lesser amount
than specified in this Lease shall be deet ed to be other than a payment on account of
such Rent and shall not be deemed a waiver of notice of termination and of forfeiture of
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I
50. COVENANT AGAINST LIENS i
Neither Tenant nor Lessor shall permit any mechanic's, materialman's, or other lien
against the Premises, or the property of which the Premises forms a part, in connection
with any labor, materials, or services furnished or claimed to have been furnished. If
any such lien shall be filed against the Premises, or property of which the Premises
forms a part, the party charged with causing the lien will cause the same to be
discharged, provided however, that either party may contest any such lien, so long as
the enforcement thereof is stayed.
52. LEASE AUTHORIZATION
A. This Lease is made and entered into by Lessor in exercise of authority as
recognized in Section 25536 of the Government Code of the State of California.
B. Tenant hereby represents and warrants that it is a limited liability company duly
organized and validly existing under the laws of the State of California.
J
53. LEASE COUNTERPARTS
This Lease may be executed in one or IImore counterparts, each of which shall be
deemed a duplicate original, but all of which together shall constitute one and the same
instrument.
54. HEADINGS AND CAPTIONS
The section headings and captions of this Lease are, and the arrangement of this
es
instrument is, for the sole convenienheadings,of the parties to this Lease. The section headin s, Deleted:cnrroLLC\DHI
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captions, and arrangement of this instrument do not in any way affect, limit, amplify or
modify the terms and provisions of this Lease.I The Lease shall not be construed as if it had
been prepared by one of the parties, but rather as if both parties have prepared it. The
parties to this Lease and their counsel have read and reviewed this Lease and agree that
t
any rule of construction to the effect that ambiguities are to be resolved against the drafting
party shall not apply to the interpretation of this Lease.
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55. SIGNATURES
LESSOR TENANT
CONTRA COSTA COUNTY DHI Northwest Hangar, LLC
a political subdivision of the State of California
I
By By
-- Maurice M.Shiu
Public Works Director
RECOMMENDED FOR APPROVAL: By
By
Keith Freitas
Director of Airports Note: Two officers must sign on behalf of corporations.
The first signature must be that of the chairman of the
board, president, or vice president', the second
signature must be that of the Secretary, assistant
secretary,chief financial officer or assistant controller.
By
Karen Laws
Principal Real Property Agent
I
APPROVED,AS TO FORM:
Silvano B.Marchesi
County Counsel
By
Eric S'. Gelston
Deputy County Counsel r
r
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