HomeMy WebLinkAboutMINUTES - 07082008 - C.28 C . 2C
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on JULY 08 , 2008 , by the following vote:
AYES: SUPERVISORS GLOVER, GIOIA, UILKEMA, PIEPHO, BONILLA
ABSENT: NO
ABSTAIN: NONE
SUBJECT: APPROVE AND AUTHORIZE .THE DIRECTOR OF AIRPORTS , or
DESIGNEE, TO EXECUTE LICENSE AGREEMENTS FOR LIVESTOCK .
GRAZIN OF THE HABITAT MANAGEMENT LANDS AT BYRON AIRPORT
WITH GARY AND DELORES KUHN, EFFECTIVE JULY 8 , 2008 ,
BYRON. AREA (DISTRICT III )
RELISTED: REMOVED TO BE RELISTED TO ADATE TO BE DETERMINED.
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
Attested: JULY 08, 2008
JOHN CULLEN, CLERK OF THE BOARD
Of Supervisors and County Administrator
By:
Deputy Clerk
e r• t
TO: BOARD OF SUPERVISORS Contra
rte. = ..
FROM: KEITHFREITAS, DIRECTOR OF AIRPORTS costa
DATE: July 8, 2008 0
County
SUBJECT: APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a license
agreement with Byron Airport livestock grazing tenant.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)R BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Director of Airports, or designee, to execute license agreements for livestock
grazing of the Habitat Management Lands at Byron Airport with Gary and Delores Kuhn, effective July& 2008,
Byron area. (District III)
FISCAL IMPACT:
The Airport Enterprise Fund will realize a total of$254 in fees for period from effective date to September 30.2008.
Effective October 1, 2008 through September 30, 2009, the Airport Enterprise Fund will realize a total of$762.
The annual fee will be increased by four percent for each year thereafter.
Continued on Attachment: ® SIGNATURE:
ZrRECOiMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE
❑ APPROVE ❑ OTHER
SIGNATURE(S):
ACTION OF BOARDON % V
APPROVED AS RECOM. DE U OTHER ❑
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken
and entered on the minutes of the Board of'Supervisors on the date
shown.
Orig.Div:County Airports ATTESTED:
Contact: Beth Lee(925)646-5722
cc: County Administrator JOHN CULLEN, lerk the Board of Supervisors and County
Public works Director Administrator
By Deputy
SUBJECT: APPROVE and AUTHORIZE the Director of Airports, or designee, to execute livestock grazing
license agreement with Byron Airport grazing tenant.
DATE: July 8, 2008.
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
Of the 1307 acres at the Byron Airport, 814 are designated as Habitat Management Land (HML) pursuant to a
conservation easement granted by the County.to the State of California Department of Fish and Game(Easement).
In accordance with the Easement,the County is responsible for conserving and improving the HML for endangered
and other special-status species. The County has determined that livestock grazing on the HML will help the County
achieve the conservation goals.
The HML has been divided'into ten separate parcels(shown on the attachment to.the license agreements)for grazing
as fol l ows:
Kuhn in Pastures 6 and 7, for a total of 127 acres.
Stewart in Pasture 5, for a total of 122 acres.
Borges'in Pastures 1, 2, 3, 4, 8, A and B, for a total of 478 acres.
The license provides for a fee from the effective date until September 30, 2008, at which time an annual fee is
assessed to each licensee based on their acreage. Gary and Delores Kuhn's fee amount is $254 to September 30,
2008,and$762 annually for October 1,2008 to September 30,2009. Jacqueline G. Stewart's fee amount is$244 to
September 30, 2008, and $732 annually for October 1, 2008 to September 30, 2009. Joseph C. and Patricia A.
Borges'fee amount is$956 to September 30,2008,and$2868 annually for October 1,2008 to September 30,2009.
All three parties have existing agreements with the County for livestock grazing but the form of these agreements
does not properly define the Easement requirements. The new form of license agreement includes all the required
language and provisions to assist the County in achieving and maintaining the conservation goals.
CONSEQUENCES OF NEGATIVE ACTION:
If the license agreements are not approved, the County will have to implement alternative measures for vegetation
management in order to meet the conservation goals of the Easement. Such alternative measures may result in
increased cost to the County to comply with the Easement.
LICENSE AGREEMENT
BETWEEN
CONTRA COSTA COUNTY
AND
GARY AND DELORES KUHN
FOR LIVESTOCK GRAZING
BYRON AIRPORT
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TABLE OF CONTENTS _
1. Effective Date.............................................................................................................. 3
2. Definition of Grazing Terms......................!.................................................................... 3
3. Purpose ...................................................................................................................... 3
j4. Grant of License ......................................i................................................................... 4
5. County's Title .............................................................................................................. 4
6. Term ......................................................1.................................................................... 4
7. Condition of Licensed Premises .................................................................................... 4
8. Use of Licensed Premises.........................:................................................................... 5
9. Nonrefundable Grazing License Fee .............................................................................. 7
10. Security Deposit............................................................................................................. 8
11. Range Management Practices ...........:......................................... ............................... 8
12. Grazing Capacity, Grazing Season and Authorized Livestock........................................... 9
13. Residual Dry Matter Requirements .............................................................................. 11
j 14. Licensee Responsibilities for Rangeland Monitoring ..................................................... 12
15. Required Licensee Notifications.................................................................................. 12
16. Maintenance and Construction of Improverhents......................................................... 12
17. Waste, Hazardous Materials.....................:................................................................. 13
18. Default................................................... ................................................................. 14
19. Entry and Inspection ................................................................................................. 14
20. Suspension or Limitation of Use ........ 14
21. Revocable Use .......................................................................................................... 14
22. Security
23. Permits and Approvals............................................................................................... 15
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24. Indemnification.......................................:................................................................. 15
25. Insurance ..............................................:................................................................... 15
26. Notices...................................................:................................................................. 16
27. County Provisions for Airport.....................;.................................................................. 16
28. Assignment and Subletting .........""".......:........
29. Non-Discrimination...................................;................................................................. 18
30. Navigational Aids......................................'................................................................. 18
31. Governing Law....................................... ....................:........................................:... 18
32.. Non-Waiver of Breaches ..........................,,................................................................. 18
I33. No Modification .......................................,,..........................................................:...... 19
34. No Third-Party Beneficiaries........................................................................................ 19
35. No Warranties............................................................................................................. 19
36. Severability.............................................................................................
................... 19.
37. Revocation of Prior Licenses .....................,................................................................. 19
38. Entire Agreement. .......................................................................................... . ..... 20
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THIS LICENSE AGREEMENT ("Agreement's is made and entered into on this 16th day of April,
2008, by and between the County of Contra Costa, a political subdivision of the State of California,
hereinafter called "County" and Gary and Delores Kuhn, hereinafter called "Licensee." Now,
therefore, the parties hereby agree as follows:
1. Effective Date
This Agreement is subject to approval by the County Board of Supervisors. This Agreement
shall be effective on the date approved by the Board of Supervisors (the "Effective Date'.
2. Definition of Grazing Terms
For purposes of this Agreement, the following terms shall have the following meanings:
A. "Animal Unit Month" or "AUM" means the amount of forage required by one (1)
animal unit for one (1) month. For purposes of this Agreement, the AUM for one (1)
mature cow is deemed to be eight hundred (800) pounds of forage.
B. "Grazing Capacity"means the level of livestock use allowed on the Licensed Premises
consistent with forage production and resource conservation. The unit of measure of
Grazing Capacity for this Agreement is the AUM. The initial Grazing Capacity for the
Licensed Premises is set forth in Section 12 below.
C. "Grazing Season" means the period of time during each year of this Agreement
during which Licensee's Livestock are permitted to graze the Licensed Premises, as
determined by County from time to time. The initial Grazing Season for the Licensed
Premises is set forth in Section 12 below.
D. "Livestock" means steers, heifers, cows, calves and bulls. County may change the
kinds of Livestock authorized to graze the Licensed Premises as provided in Section
12 of this Agreement.
E. "Range Manager" means the individual designated by County to oversee the portion
of the Habitat Management Land that is the subject of this Agreement.
F. "Residual dry matter"or"RDM"means the amount of dry, herbaceous plant material,
expressed in pounds per acre that must remain on the ground at the end of the
Grazing Season during each year of this Agreement, as determined by County.
3. Purpose
County is the owner and operator of a public airport located near Byron, California, and
commonly known as the Byron Airport ("Airport's. Approximately 814 acres of the Airport
property have been reserved as Habitat Management Land ("HML") pursuant to a
conservation easement granted by County to the State of California Department of Fish and
Game ("Easement"). A true and correct copy of the Easement is on file with the Director of
Airports at 550 Sally Ride Drive, Concord, California.
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Under the Easement, the County is responsible for conserving and improving the HML for
endangered and other special-status species. County has determined that Livestock grazing
on the parcels of land identified in Section 4 below as the "Licensed Premises" will help
County meet the conservation goals of the Easement.
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The purpose of this Agreement is to provide for the grazing of Livestock on the Licensed
Premises for vegetation management in accordance with specifications outlined herein. Any
and all rights granted or implied by thisiAgreement are subject and subordinate to the
Easement. In addition, all rights granted to Licensee hereunder are subject to all existing
and future rights of way, reservations, franchises, easements and permits with respect to all
or any portion of the Licensed Premises, regardless of who holds same, including County's
right to use the Licensed Premises, or any portion thereof, for any purpose, and Licensee
shall not interfere with such uses.
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4. Grant of License
Licensee now desires to obtain a license to;use a portion of the Airport property identified as
Pastures 6 and 7 on Exhibit"A" attached hereto and incorporated herein and made a part
hereof, hereinafter referred to as the"Licensed Premises,"for Livestock grazing. County, for
good and valuable consideration, hereby grants to Licensee, and Licensee hereby accepts
from County, a revocable, nonexclusive license ("License") to enter and use the Licensed
Premises for the grazing of Livestock pursuant to the terms and conditions hereinafter set
forth.
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5. County's Title
Licensee hereby acknowledges County's fee title in and to the Licensed Premises and agrees
never to assail or to resist said title. Licensee agrees that it has not acquired nor will .it
hereafter acquire any rights or interest in the Licensed Premises, nor does Licensee have nor
will it obtain any right or claim to the use of the Licensed Premises beyond those specifically
granted in this Agreement.
6. Term
The term of this Agreement will commence on the Effective Date, and expire on September
30, 2013, unless the License granted hereunder is suspended or revoked as hereinafter set
forth.
7. Condition of Licensed Premises
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Licensee acknowledges, agrees to, and hereby accepts the Licensed Premises in their"as is"
condition, without representation or warranty of any kind, and subject to all applicable laws,
statutes, ordinances, rules and regulations governing the use, occupancy, management,
operation and possession of the Licensed Premises. Licensee agrees, upon termination of
this Agreement, to surrender the Licensed Premises to County in the condition as directed by
the Director of Airports, and to remove all of Licensee's Livestock and personal property from
the Licensed Premises.
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8. Use of Licensed Premises
A. Permitted Use: The Licensed Premises are licensed to Licensee upon the express
condition that Licensee shall use the Licensed Premises for grazing of Livestock
owned by Licensee and for no other purposes without prior written consent from
County, which,may be withheld in County's sole discretion. Licensee represents and
warrants that Licensee has conducted a thorough and diligent inspection and
investigation of the Licensed Premises and the suitability of the Licensed Premises for
Licensee's intended .use. Licensee is fully awareof the needs of its grazing
operations and has determined, based solely on its own inspection, that the Licensed
Premises are suitable for Licensee's operations and intended use. Licensee shall
conduct all operations on the Licensed Premises in a responsible, safe, professional,
and environmentally conscious manner, and is responsible at all times for
containment of the Livestock on the Licensed Premises.
B. Satisfaction of RDM Requirements: Licensee shall conduct grazing operations on the
Licensed Premises so that the RDM requirements specified herein are met.
C. Land Management and Forage Utilization: Licensee shall distribute Livestock
throughout the Licensed Premises in accordance with the Grazing Capacity
established by County for each Pasture, as specified in Section 12, unless modified by
-County. Licensee shall maintain optimum distribution of .Livestock by frequent
herding, by strategic location of supplemental feeds, and by maintaining boundary
and interior fencing and developed watering systems in good condition and repair.
Licensee shall use the Licensed Premises in accordance with rangeland management
practices specified by County, and with due regard to the conservation of the natural
resources located thereon.
D. Grazing Within Licensed Premises: Licensee shall at all times prevent Livestock from
trespassing onto other lands owned or operated by County on which Licensee is not
authorized to graze, into areas within the Licensed Premises excluded from the
authorized grazing areas, or upon any adjacent, third-party lands, whether private or
public.
E. Supplemental Feeding: Licensee shall not conduct supplemental feeding of Livestock
on the Licensed Premises to prolong grazing use in areas where the established
forage.utilization levels have been reached or exceeded. Licensee shall relocate
supplemental feeding sites when such sites become sufficiently grazed, or at County's
direction, so as to minimize the potential for damage to natural resources on the
Licensed Premises caused by congregating Livestock. Licensee shall locate
supplements only in under=utilized areas of the Licensed Premises, and at least 1000
feet away from water; whenever possible.
In the event of unusual or emergency circumstances, such as drought or the loss of
vegetation by wildfire, County may allow short-term supplemental feeding on the
Licensed Premises until Licensee can make arrangements to remove Livestock from
the Licensed Premises, which may require short-term confinement of Livestock to
restricted locations-on the Licensed Premises to minimize resource impacts.
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F. Livestock Health: Licensee covenants and warrants that all Livestock on the Licensed
Premises shall be in good health with appropriate vaccinations, including but not
i limited to specific vaccinations for Anthrax, according to good husbandry practice.
Licensee shall develop a health program for preventing and curing general parasitic
diseases, for maintaining healthy timmune systems, and for minimizing diarrhea
infections for Livestock on the Licensed Premises.
G. Outbreak of Disease: Licensee shall immediately report to County, the Range
Manager, the Contra Costa County Agricultural Commissioner ("Commissioner's and
all other appropriate governmental agencies, any case of infectious disease appearing
in the Livestock on the Licensed Premises. Licensee shall take all steps required and
recommended to isolate all Livestock exhibiting symptoms of disease or that have
been exposed to other Livestock exhibiting symptoms of disease, and to control and
eliminate any such disease at Licensee's sole cost and expense.
H. Disposal of Dead Livestock: Licensee shall immediately dispose of any deceased
Livestock carcasses, at Licensee's sole cost and expense, in accordance with
instructions provided by the Commissioner and other local authorities and in
conformance with all applicable laws including, but not limited to,California Food and
Agricultural Code Sections 9141, 0142, 19348. If Licensee fails to remove such
deceased Livestock from the Licensed Premises within five (5) days after written
notice from County requiring such; removal, County may remove such Livestock.
Licensee shall immediately reimburse County for all costs and expenses incurred by
County to remove the carcasses. Licensee shall inform County and the Range
Manger when Livestock disposal is necessary.and shall ensure that these regulations
are followed.
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I. Removal or Use of Natural Resources: Licensee shall not cut down, destroy or
remove, nor permit to be•cut, destroyed or removed, any trees or shrubs, earth, soil,
j vegetation, artifacts, fossils or firewood, standing, growing or found on the Licensed
Premises, without prior written authorization from County to commit such acts, except
where such earth, soil or vegetation are in the form of landslides, downed trees, or
shrubs which are creating an immediate hazard or substantial impediment to the
routine operation of the rights herein granted. Licensee shall not hunt, fish or camp,
or permit-any hunting, fishing or camping, on the Licensed Premises, and shall at all
times keep and maintain the Licensed Premises in a clean and sanitary condition to
the satisfaction of County.
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J. Wildlife and Vegetation Control: Licensee shall not undertake any form of wildlife or
vegetation control, such as the use of pesticides or rodenticides,without prior written
approval from the Director of Airports, County and the State of California Department
of Fish and Game. Any violation of this Section shall be considered a default under
this Agreement.
K. Compliance with Laws: Licensee shall not use, or permit the use of, the Licensed
Premises for any illegal purpose. .Licensee shall comply with all State, County and
local laws, ordinances, rules and regulations concerning the Licensed Premises and
the use thereof. Licensee shall not carry on or permit any nuisance on the Licensed
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Premises, or allow any use of the Licensed Premises that is against public or County
policy.
L. Vehicular Traffic: Licensee shall keep-all vehicular traffic on the Licensed Premises to
an absolute minimum in order to protect the conservation values of the HML.
Licensee shall limit all vehicular traffic to established.pasture "roads"as specified by
County, unless Licensee obtains County's prior written approval for vehicular traffic
off established pasture `roads."
M. Access to Licensed Premises: Licensee shall not allow access to the Licensed Premises
to any person other than Licensee or Licensee's agents and employees, County, the
Range Manager, and County's officers, agents and employees.
9. Nonrefundable Grazing License Fee .
A. Annual Fee: Each year during the term of this Agreement, Licensee shall pay to
County an annual nonrefundable fee ("Fee") for grazing on the Licensed Premises.
The Fee shall be payable in advance in equal semi-annual installments due on
October 1.and April 1 of each year during the term of this Agreement. If any semi-
annual installment covers a period of time less than six (6) months, the Fee shall be
prorated at the rate of 1/12th of the annual Fee for each full calendar month, and
1/30th of the monthly Fee for each day during any partial month, for the time period
covered by the payment in question.
B. Fee for Use to September 302008: On the Effective Date, Licensee shall pay County
a nonrefundable fee for the period of time from the Effective Date to September 30,
2008, in the amount of Two Hundred Fifty-Four Dollars and No/100 ($254.00).
C. Annual Fee Adjustments: On October 1, 2008, and on April 1, 2009, Licensee shall
pay County the semi-annual installments of the first annual Fee. The amount of each
installment due from Licensee is Three Hundred Eighty-One Dollars and No/100
($381.00), for a total first annual Fee of Seven Hundred Sixty-Two Dollars and
No/100 ($762.00). On October 1, 2009, and thereafter on the first day of October for
each year during the term of this Agreement, the annual Fee will be increased by an
amount equal to four percent (4%) of the annual Fee for the preceding year. Set
forth below is an example of the schedule of adjustments to the annual Fee during
the term of this Agreement.
Time Period Annual Fee First Installment Second Installment
10/1/08 - 9/30/09 $762.00 $381.00 due 10/1/08 $381.00 due 4/1/09
10/1/09 - 9/30/10 $792.00 $396.00 due 10/1/09 $396.00 due 4/1/10
10/1/10 - 9/30/11 $824.00 $412.00 due 10/1/10 $412.00 due 4/1/11
10/1/11 - 9/30/12 $858.00 $429.00 due 10/1/11 $429.00 due 4/1/12
10/1/12 - 9/30/13 $892.00 $446.00 due 10/1/12 $446.00 due 4/1/13
D. No Deductions or Offsets: The Fee shall be payable, without prior demand and
without any deduction, setoff or counterclaim whatsoever. Licensee shall pay the Fee
when due, whether or not Licensee's Livestock have consumed all of the authorized
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AUMs, unless County has given prior written authorization for a reduced utilization of
the authorized AUMs.
E. Place for Payments: All payments shall be made payable to Contra Costa County at
the offices of the Director of Airports, 550 Sally Ride Drive, Concord, CA 94520, or as
County may designate from time to time.
10. Security Deposit
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Licensee is the successor in interest to the licensee under that certain livestock grazing
license entered into between County and Gary and Delores Kuhn dated January 1, 1999.
Therefore, the security deposit paid by the former licensee in the amount of One Thousand
Dollars and NO/100 ($1,000.00) shall become the security deposit for this Agreement. This
security deposit will act as security for the full performance by Licensee of the terms,
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conditions, and covenants of this Agreement.
Upon revocation of the License granted hereunder or upon termination of this Agreement,
County may use any portion of the security deposit as it deems to be necessary to remedy
Licensee's defaults under any of the provisions of this Agreement, including, but not limited
to, payment of any unpaid Fee due under Section 9 of this Agreement, repair of damage,
removal of any of Licensee's equipment or debris which has been abandoned by Licensee, or
to remedy any other default as determined by County. Upon expiration or termination of
this Agreement, County will refund any remaining portion of the security deposit to Licensee,
after deduction for all amounts described above.
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11. Range Management Practices
A. Range Manager: County may designate alternate Range Managers from time to time
to oversee the HML and to ensure that Licensee complies with all requirements of this
Agreement. County will provide Licensee with written notice if it designates a Range
Manager and will thereafter provide Licensee with written notice of any changes in its
designated Range Manager.
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B. Range Readiness: Prior to the beginning of each Grazing Season during the term of
this Agreement, the Range Manager may inspect the Licensed Premises to assess
whether adequate forage material is available to support grazing by Licensee's
Livestock at the existing Grazing Capacity. In situations where, in the previous
Grazing Season, forage utilization by Licensee's Livestock has caused the standing
vegetation to fall below 400 pound;/acre, County will require that sufficient plant re-
growth be established to provide adequate forage and soil protection before County
will allow Licensee to resume grazing on the Licensed Premises.
C. Assessment of Rainfall Patterns: The Range Manager may make an annual
assessment of early rainfall patterns to determine whether precipitation appears
i average or significantly below or above average. In the event the rainfall patterns
remain below average in any year, County may delay or reduce the length of that
year's Grazing Season or reduce the Grazing Capacity to a level consistent with forage
availability and other resource management considerations.
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D. Grazing Compliance Program:am: The Range Manager may conduct an ongoing grazing
compliance program, which will include, without limitation, measuring grass height at
various times throughout the Grazing Season, both to ensure Licensee's compliance
with the RDM requirements set forth herein and to enable County to determine
whether any modifications are needed to the Grazing Capacity established for the
Licensed Premises, the Grazing Season or the kinds or numbers of Livestock
authorized to graze the Licensed Premises.
12. Grazing Capacity, Grazing Season and Authorized Livestock
A. Initial Grazing Capacity: The authorized Grazing Capacity for the various pastures that
comprise the Licensed Premises is set forth in the table below. Unless changed in the
manner provided below, the Grazing Capacity shall remain the same throughout the
term of this Agreement. .
PASTURE ACRES AUMS
6 65 76
7 62 75
B. Initial Grazing Season: Unless changed in the manner provided below,the authorized
Grazing Season for the Licensed Premises is October 1 to September 30 for each year
during the term of this Agreement.
C. Initial Authorized Livestock: The kinds of Livestock authorized to graze the Licensed
Premises are steers, heifers, cows, calves and bulls. Unless changed in the manner
provided below, the kinds of Livestock authorized to graze the Licensed Premises
shall remain the same throughout the term of this Agreement.
Licensee shall brand or mark its authorized Livestock and their offspring with
Licensee's brand or mark. County may also require Licensee to identify its authorized
Livestock with distinctive eartags to prevent or detect trespass by unauthorized
Livestock. Licensee shall submit to the County and to the Range Manager a copy or
copies of Licensee's.Certificate(s) of brand.
D. County as Sole Judge of Grazing Capacity, Grazing Season and Livestock: County
shall be the sole judge as to the Grazing Capacity of the Licensed Premises and any
Pasture thereof, the Grazing Season, and the kinds and number of Livestock
authorized .to graze the Licensed Premises. The determination of the County as to
the Grazing Capacity, the Grazing Season and the authorized Livestock shall be
binding and conclusive upon Licensee. In determining the Grazing Capacity, Grazing
Season and authorized Livestock for the Licensed Premises, County may, at its option,
give such consideration as it deems advisable to such factors as vegetation, wildlife,
fisheries, soil, water, air, aesthetic and other resources, and to the compatibility of
the Grazing Capacity, Grazing Season and authorized Livestock with the availability
and conservation of such resources.
E. Changes in Grazing Capacity and Grazing Season: The Range Manager may conduct
regular assessments of the Licensed Premises to identify areas the County considers
suitable for grazing and to estimate the forage production for the upcoming Grazing
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Season. RDM requirements, as identified below, will be subtracted from the
estimated total amount of forage available on areas of the Licensed Premises suitable
for grazing to determine how much forage is available for Licensee's Livestock to
consume in an average, above average and below average rainfall year. County's
determination of Grazing Capacity and Grazing Season for the Licensed Premises will
be based upon the estimated forage production in an average rainfall year, and may
be changed by County, in its sole discretion. Licensee acknowledges that the forage
production during an above average rainfall year could increase by as much as thirty-
five percent(35%), and a below average rainfall year could result in substantially less
forage available for consumption, both of which may result in a temporary change in
the stocking levels for Licensee's Livestock.
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F. Relative Forage Requirements: The Range Manager may regulate the kind and
number of Livestock on the Licensed Premises to make sure that the Grazing Capacity
is met, but not exceeded, and that the RDM requirement set forth below is satisfied.
County may at any time modify thekind and numbers of Livestock permitted to graze
the Licensed Premises, if, in County's sole opinion, such changes are necessary for
conservation of the Licensed Premises. • In order to make this determination, the
Range Manager may need to compute the rate of consumption of the authorized
available forage by Licensee's Livestock.. For the purpose of computing the
consumption rate, the relative forage requirements of the various kinds of Livestock
permitted .to graze the Licensed ; Premises shall be deemed to be as follows,
expressed.as an animal unit conversion factor:
Type of Livestock Animal Unit Conversion Factor
Steer or heifer 6 months to 2 years of age) 0.65 AUM
Cow or cow and calf under 6 months of age 1.00 AUM
Bull 1.25 AUM
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As the types of Livestock change in age, the new factor shall be effective upon the
date on which the change occurred.
G. Notice of Change in Grazing Capacity, Grazing Season and Livestock: If County deems
it necessary to modify the Grazing Capacity of the Licensed Premises, the length of
the Grazing Season or the kinds or number of Livestock authorized to graze the
Licensed Premises, County will provide written notice of any such change in Grazing
Capacity, Grazing Season or Livestock to Licensee. Licensee shall have fifteen (15)
days to comply with the written notice. Unless further changed by subsequent written
notice, the Grazing Capacity, Grazing Season and authorized Livestock for any year
during the term of this Agreement shall remain as last authorized by County.
H. Changes in Grazing Capacity and Crazing Season by Mutual Consent: In any year
during the term of this Agreement:, County and Licensee may, by written mutual
consent, modify the authorized Grazing Capacity and the length of the Grazing
Season. Any such change shall remain in force and effect until the beginning of the
next Grazing Season, unless sooner terminated or modified by further mutual
agreement or by County in its sole discretion. In the event of a change in the
Grazing Capacity for any year, the'Fee shall be adjusted as provided in Section 9
above. If the change results in a Fee increase, Licensee shall pay the amount of the
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increase within thirty (30) days following execution of the written modification. If the
change results in a Fee decrease, the amount of the decrease will be credited against
the next semi-annual payment due from Licensee.
I. Exceeding Grazing Capacity Without Authorization: Licensee shall limit the number of
Livestock to be grazed upon the Licensed Premises in order to meet, but not exceed,
the authorized Grazing Capacity for the Licensed Premises. Should the Licensed
Premises be grazed in excess of the authorized number of AUMs, Licensee shall
immediately remove all or such number.of Livestock as are necessary to comply with
the Grazing Capacity authorized by County.
13. Residual Dry Matter Requirements
A. Initial RDM Requirement: The minimum RDM requirement for the Licensed Premises
is 400 pounds-per acre.. The height in inches of standing vegetation remaining on the
ground is a general indication of RDM levels, and the RDM level required for the
Licensed Premises will generally equate to approximately three (3) inches of standing
vegetation. However, County will deem the-RDM requirement met if the height of
standing vegetation at the end of each Grazing Season is three (3) inches to six (6)
inches. Unless changed in the manner provided below, the RDM requirement shall
remain the same throughout the term of this Agreement.
B. County to Monitor RDM Levels: The Range Manager may monitor the height of
standing vegetation on a monthly basis, and may require Licensee to move Livestock
to .a different location on the Licensed Premises, or to increase or decrease the
number of Livestock grazing the Licensed Premises to increase the likelihood that the
annual RDM requirement will be met by the end of the Grazing Season. County will
attempt to provide advance notice to Licensee before RDM levels reach 200
pounds/acre above the minimum RDM requirement to allow Licensee ample time.to
decrease herd size or remove Livestock. Whether or not Licensee receives such
advance notice, Licensee shall immediately remove all Livestock from the Licensed
Premises (or -the affected Pasture .thereof) if the RMD levels drop below 400
pounds/acre (approximately three (3) inches of standing vegetation), and shall not
allow any further grazing of-the affected areas until County determines that such
areas have sufficiently recovered.to allow continued grazing.
C. Change in RDM Requirement: County may change the RDM requirement for the
Licensed Premises from time to .time throughout the term of this Agreement if
County, in its sole discretion, deems it necessary to do so in order to promote soil
stability, maintain plant productivity or diversity, enhance visual and recreational
values; conserve wildlife habitat, promote biodiversity or reduce fire hazards.
D. Notice of Change in RDM Requirement: County will provide written notice to Licensee
of any change in the RDM requirement. . Upon receipt of the notice, Licensee shall
make any necessary adjustments to the. number of Livestock grazing the Licensed
Premises in order to meet the changed RDM requirement.
,Page 11 of 20
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14. Licensee Responsibilities for Rangeland Monitoring
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A. Rangeland Conditions: Licensee shall-conduct measurements and visual estimates of
a variety of rangeland condition indicators in coordination with County and the Range
Manager to monitor the condition of Licensed Premises.
B. Height of Grasses: Licensee shall on a monthly basis estimate the height of grasses
(in inches) for each Pasture(s) of the Licensed Premises from convenient locations,
record the estimates, and report them to County and to the Range Manager in writing .
within two (2) weeks of the day t1i.e estimates were taken. A minimum of two (2)
estimates shall be made in each Pasture.
C. Record of Usual Events: Licensee shall record descriptions of unplanned disturbing
events (fires, new infestations of weeds, vandalism, etc.), including dates and
locations, and show such events on a map. Licensee shall submit the descriptions
and maps to County and to the Range Manager within two (2) weeks of the date
recorded: For disturbing events that affect forage availability or containment of
Livestock, Licensee shall notify County and the Range Manager immediately.
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D. Livestock Log: Licensee shall maintain a log of the number, type, weight and age of
Livestock grazing in each Pasture, and report these numbers to County and to the
Range Manager at the beginning and end of each Grazing Season, and on a monthly
basis during each Grazing Season.
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15. Required Licensee Notifications
In addition to any notifications required under any other Section in this Agreement, Licensee
shall provide the notifications set forth below.
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A. Placing Livestock on Licensed Premises: Licensee shall notify County and the Range
Manager fifteen (15) days prior to the date Licensee intends to introduce Livestock to
the Licensed Premises in order that'County and the Range Manager can verify range
readiness. conditions as specified in'. Section 11 above. Licensee shall not introduce
Livestock to the Licensed Premises until Licensee obtains written authorization from
County to begin grazing the Licensed Premises.
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{ B. Livestock Roundup: Licensee shall provide seven (7) days advance notice to County
and to the Range Manager before performing any major Livestock roundup, or
activities involved in the movement of the Livestock on the Licensed Premises and/or
use of the corral facilities.
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16. Maintenance and Construction of Improvements
Licensee shall maintain, repair and replace, if necessary, in good order and condition
throughout the term hereof, all improvements related to Livestock grazing existing on the
Licensed Premises as of the Effective Datdl including,.but not limited to, all fences, gates,
corrals, ditches, wells, windmills, pumps, and water troughs and roadways
("Improvements").
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Page 12.of 20
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Licensee shall not construct or install any additional Improvements on the Licensed Premises
without the prior written consent of County. Prior to the commencement of any
maintenance, repair or replacement of any existing Improvements, or the construction or
installation of any approved additional Improvements, Licensee shall give County and the
Range Manager ten (10) days written notice to enable County to post appropriate notices to
avoid liability on account of such work.
Licensee shall defend, indemnify, save, protect and hold harmless County, its officers,
agents and employees, from all liens, claims, demands and liabilities arising out of any work
performed, materials furnished or obligations incurred by Licensee upon. the .Licensed
Premises during the term of this Agreement and agrees not to suffer any such lien or other
lien to be created. This indemnification clause shall survive the termination or expiration of
this Agreement.
In the event Licensee shall fail to perform its obligations hereunder, County, in addition to all
other remedies available hereunder or by law or in equity and without waiving any of said
alternative remedies, may perform same, and Licensee agrees to repay County the cost
thereof within five (5) calendar days after County's written request. Licensee hereby waives
all rights to make repairs at the expense of County if provided for in any statute or law in
effect at the time of execution of this Agreement or any amendment thereof or any other
statute or law that may be hereafter enacted during the term of this Agreement.
17. Waste, Hazardous Materials
Licensee, at its sole cost and expense, shall comply with all applicable laws, regulations,
rules, and other requirements, with respect to the use of the Licensed Premises, regardless
of when they become or became effective, including, without-limitation, those relating to
health, safety, noise, environmental protection, waste disposal, and water and air quality,
and furnish satisfactory evidence of such compliance upon request of County.
Licensee shall not commit, or suffer or permit the commission of any waste upon the
Licensed Premises, or any nuisance or other act or thing that may disturb the quiet
enjoyment of the use of the Airport or surrounding property. Licensee shall not, and shall
ensure that no others shall, store or dispose of any Hazardous Materials on the Licensed
Premises. The term "Hazardous Materials" shall mean any hazardous or toxic substance,
hazardous or radioactive material, hazardous waste, pollutant or contaminant at any
concentration that is, or during the term of this Agreement becomes, regulated by any local
or regional government authority having jurisdiction over the Licensed Premises, by the
State of California, or by the United States.
Licensee shall not permit any activity on the Licensed Premises that directly or indirectly
produces unlawful amounts or levels of air pollution (gases, particulate matter, odors,fumes,
smoke, or dust), water pollution, noise, glare, heat emissions, radioactivity, or trash or
refuse accumulations, or vibration that is hazardous or dangerous by reason of. risk of
explosion, fire, or harmful emissions.
Page 13 of 20
18. Default
In the event of Licensee's breach of any of the covenants or conditions herein, County may
revoke the License and remove all. persons, Livestock and property from the Licensed
Premises, upon five (5) days written notice to Licensee. Licensee defaults shall include, but
shall not be limited to, failure to pay all fees when due, failure to carry proper insurance,
failure to maintain specified grass heights; failure to remove or dispose of dead Livestock as
directed by the Commissioner, failure to properly maintain the Licensed Premises, failure to
notify and obtain approval of County and the State Department of Fish and Game prior to
any wildlife or vegetation control, and failure to comply with any other term and condition of
this Agreement.
19. Entry and Inspection
Licensee agrees that County, its agents; and employees may enter upon the Licensed
Premises at any time to inspect, make any changes or alterations or repairs which County
considers necessary for the protection, improvement or preservation thereof, or to post any
notice provided for by law, or otherwise to protect any and all rights of County. Licensee
shall not be entitled to any abatement of consideration by reason of the exercise by County
of any such rights herein reserved. Nothing herein contained shall be construed to obligate
County to make any changes, alterations or repairs to the Licensed Premises.
20. Suspension or Limitation of Use
County shall have the right, in County's sole discretion, to suspend or to limit the use of the
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Licensed Premises by Licensee without compensation to Licensee, for a reasonable amount
of time, as solely determined by County,, for the .protection of public safety or for the
construction, installation, operation, maintenance, or repair of Airport facilities on or near the
Licensed Premises or to rest a particular Pasture(s) to meet a conservation value. Should
such suspension or limitation be necessary, County will provide Licensee fifteen (15) days
prior written notice, except prior written notice will not be required in cases of emergency.
21. Revocable Use
County may revoke the License granted hereunder at any time, for any reason or no reason,
with or without cause, upon thirty (30) dads written notice to Licensee. County may revoke
this License at any,time upon five (5) days written notice upon a breach of any term or
condition of this Agreement. The installation or construction of any equipment or fixtures by
Licensee pursuant to this Agreement shall not render this revocable license irrevocable, and
shall not be deemed a conveyance of any property right to Licensee. In the event of
revocation, Licensee shall have no right ':to, and shall not seek, reimbursement of any
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expenses of Licensee, or for any other. purpose.
22. Security
County shall have no obligation to provide security to the Licensed Premises. Licensee shall
provide for the total security of the Licensed Premises, and shall provide, through the use of
fences and gates, security against the unauthorized pedestrian and vehicular access onto
and over any portion of the Licensed Premises.
Page 14,of 20
23. Permits and Approvals
Licensee shall be responsible for obtaining any permits or approvals from any agency having
jurisdiction over the Licensed Premises. This Agreement does not constitute governmental
approval by Contra Costa County of this use.
24. Indemnification
Licensee shall indemnify, defend, save, protect and hold harmless County and its officers,
agents and employees from any and all claims, costs, and liability for any damages, injury or
death arising directly or indirectly from or connected with Licensee's use or occupancy of the
Licensed Premises and shall reimburse County for any expenditures, including costs and
attorneys' fees, County may make by reason of such matters and, if requested by County,
will defend any such suits at the sole cost and expense of Licensee.
Licensee hereby acknowledges that the presence of Livestock on a public road can create
serious driving conditions for vehicles that can result in injuries and death to people and
damage to property. Licensee hereby agrees to take all necessary precautions to ensure
that Livestock do not enter onto any public road, including but not limited to Armstrong
Road, Byron Hot Springs Road and North Bruns Road, from the Licensed Premises. Licensee
hereby specifically accepts all liability and obligations related to the existence of Licensee's
Livestock on any public road, including, but not limited to, Armstrong Road, Byron Hot
Springs Road and North Bruns Road, and shall hold County entirely harmless from any
injuries, damages, or liabilities resulting from the presence of Licensee's Livestock thereon.
This indemnification provision shall survive the termination or expiration of this Agreement.
25. Insurance
Licensee shall, at no cost to County, obtain and maintain during the entire duration of this
Agreement, the following insurance coverages:
A. General Liability Comprehensive General Liability insurance with minimum combined
single-limit coverage of One Million and No/One Hundredths Dollars ($1,000,000.00)
for all claims and losses due to bodily injury or death to any person, or damage to
property, including loss of use thereof arising out of each accident or occurrence.
B. Worker's Compensation: Worker's Compensation insurance that may be required by
law.
C. Certificates: Licensee shall name County and its officers, agents, and employees as
additional insureds under all policies held for the Licensed Premises. All coverage
shall provide for thirty (30) days written notice to County of cancellation or lapse in
coverage. A Certificate of Insurance for each of the policies hereunder required,
indicating the name and telephone number of the insurance agent most responsible
for the insurance policy and evidencing such coverage, shall be furnished to County
prior to the Effective Date of this Agreement.
Page 15 of 20
26. Notices
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All notices (including requests, demands, approvals or other communication) under. this
Agreement shall be in writing.
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A. Notice shall be sufficiently given for all purposes as follows:
(1) When delivered by first class mail, postage paid, notice shall be deemed
delivered three (3) business days after deposit in the United States Mail.
(2) When mailed by certified mail with return receipt requested, notice is effective
on receipt if delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a nationally recognized overnight
courier, notice shall be deemed delivered one (1) business day after deposit
with that courier.
(4) When personally delivered to the recipient, notice shall be deemed delivered
on the date personally served.
B. The place for delivery of all notices given under this Agreement shall be as follows:
County: Director of Airports
Contra Costa County Airports
550 Sally Ride Drive
Concord, CA 94520
Telephone (92 5) 646-5722
With Copies to County's Range Manager, as designated by County throughout the
term of this Agreement.
Licensee: Gary and Delores Kuhn
4378 Mt. House Rd.
Byron, CA 94514
(209) 835-5949
27. County Provisions for Airport
A. County reserves the right to further develop or improve the Airport as it sees fit,
regardless of the desire or view ,of the Licensee and without interference or
hindrance.
B. County reserves the right, but shall not be obligated to Licensee, to maintain and
keep in repair the landing area of the Airport and all publicly-owned facilities of the
Airport, together with the right to direct and control all activities of Licensee in this
regard.
Page 16;of 20
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C. This Agreement shall be subordinate to the provisions and requirements of any
existing or future agreement between the County.and the United States, including but
not limited .to the Federal Aviation Administration, relative to the development,
operation or maintenance of the Airport.
D. There is hereby reserved to County, 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 Licensed Premises. 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 the said airspace or landing at, or taking.off from, or
operating on the Byron Airport. .
E. Licensee agrees to 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 Licensed Premises, or in the event of any planned
modification or alteration of any present or future building or structure situated on
the Licensed Premises.
F. Licensee shall not erect nor permit the erection of any structure or object, nor permit
the growth of any tree on the Licensed Premises to exceed the. established height
contours. In the event the aforesaid covenants are breached, County reserves the
right to enter upon the Licensed Premises and to remove the offending structure or
Object and/or cut the offending tree, all of which shall be at the sole cost and
expense of the Licensee.
G. Licensee shall not make use of the Licensed Premises in any manner that might
interfere with the landing and taking off of aircraft from the Airport, or otherwise
constitute a hazard. In the event the aforesaid covenant is breached, County reserves
the right to enter upon the Licensed Premises, and cause the abatement of such
interference at the sole cost and expense of Licensee.
H. 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. § 1349A).
I. This Agreement and all provisions hereof 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 taking over of said Airport or the exclusive or non-
exclusive use of the Airport by the United States during the time of war or national
emergency. In the event the United States Government acquires or takes over the
Airport during a time of war or national emergency, the Fee shall be abated in
proportion to that portion of the Licensed Premises unavailable for Licensee's use for
the period of such acquisition or control by the United States Government.
J. County reserves the right to take any action it considers necessary to protect the
aerial approaches to the Airport against obstruction, together with the right to
prevent Licensee from erecting or permitting to be erected any building or other
structure on the Licensed Premises which, in the opinion of the County, would affect
the usefulness of the Airport or constitute a hazard to aircraft.
Page 17 of 20
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K. Nothing herein contained shall in any way affect the right of the County to use the
Licensed Premises covered by this Agreement in the performance of anything
pertaining to the operation of the Airport with full right of ingress and egress over the
same; the County also reserves the right to perform any work on said Licensed
Premises that the County may see fit without being liable to Licensee in any way for
any damage which may be caused to any vegetation or other improvements Licensee
may have made or placed upon said real property.
28. Assignment and Subletting
No rights or interest of Licensee hereunder shall be transferred or assigned, nor shall the
Licensed Premises or any portion thereof be sublet, nor shall Licensee permit the use of any
part of the Licensed Premises by any third party or parties for any purpose, without the prior
written consent of County, which may be withheld in County's sole discretion.
29. Non-Discrimination
Licensee, as part of the consideration for the License, agrees that no person on grounds
including, but not limited to, race, color, sex or national origin, shall be excluded from using,
denied the benefits of, or be otherwise subjected to discrimination in the-use of the Licensed
Premises. In the event of any breach of tl-iis non-discrimination covenant, County shall have
the right to terminate this Agreement without compensation to Licensee.
30. Navigational Aids
County has the right at any time to install,',at its sole expense, air navigational aids including
lighting, in, on, over, under, and across the Licensed Premises. In the exercise of any of the
rights hereof, County agrees to give Licensee no less than thirty (30) days'written notice of
its intention to install such air navigational aids, and to coordinate such installation with
Licensee; provided, however, that no such installation shall unreasonably interfere with
Licensee's use.
31. Governing Law
The laws of the State of California shall govern the interpretation and enforceability of this
Agreement. The venue for any legal action between the parties pertaining to this Agreement
shall be Contra Costa County, which courts shall have exclusive jurisdiction over such legal,
action.
32. Non-Waiver of Breaches
County's failure to insist, in any one.or more instances, upon strict performance of any of the
terms or conditions of this License shall not be considered as a waiver of any subsequent
breach as to the same or any other term or condition, but the same shall continue and
remain.in full force and effect. No waiver of any of the provisions of this.Agreement shall be
effective unless in writing and signed by County.
Page 18 of 20
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33. No Modification
This Agreement shall not be modified or amended without the mutual written consent of
both parties.
34. No Third-Party Beneficiaries
Nothing in this Agreement, express or implied, is intended to confer on any person, other
than County and Licensee, and their respective successors-in-interest, any rights or remedies
under or by reason of this Agreement.
35. No Warranties
County does not warrant or represent that the Licensed Premises are safe, healthful or
suitable for the purpose for which they are permitted to be used under the terms of this
Agreement. Licensee hereby acknowledges and agrees that County, including without
limitation its officers, employees and agents, has not made, and County hereby disclaims
making, any representations or warranties, express or implied, concerning (i) the physical,
geological or environmental condition of the Licensed Premises, (ii) the present or future
capacity or suitability of the Licensed Premises for Livestock grazing, (iii) the feasibility, cost
or legality of constructing any Improvements on the Licensed Premises if required for
Licensee's use permitted under this Agreement, (iv)the condition of any fences, roads, gates
or range Improvements, or (v) any other matter whatsoever relating to the Licensed
Premises or its use, including, without limitation, any implied warranties of fitness for a
particular purpose.
36. Severability
If any term, covenant or provision of this Agreement, which does not materially affect the
consideration for this Agreement, is held to be invalid, illegal or unenforceable in any
respect, the validity of the remainder of this Agreement shall not be affected thereby.
37. Revocation of Prior Licenses
Upon the Effective Date, that certain license agreement entered into between County and
Gary and Delores Kuhn, (Licensee's predecessor in interest, which was effective January 1,
1999, for Pastures 6A and 613, as shown on Exhibit"A" attached to that license agreement,
are hereby immediately revoked. Notwithstanding anything to the contrary in that prior
license agreement, in the event the Effective Date of this Agreement, and the revocation of
the prior license agreement, occurs prior to the end of the month in which any fees under
the prior license agreement have been paid, County shall retain those fees as payment for
the use of the Licensed Premises during the partial month following the Effective Date.
Page 19 of 20
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38. Entim Agreement
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It is urdeerstoad that fts document (!nc*ndhrrg the extrg)& hereto), whth is subject and
subordinate to the Easement,contains the entire agreement between the parties hereto and
ail prior ucWem dkgs or agreements,oral or written, of whatsoever nature regarding the
rights hereby granted are superseded by this Agreement and are hereby abrogated and
nUllifie&
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IN WITNESS wKEREOE,the parties hereto have executed this Agreement,to duplicate,the day and
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year first above written.
COUNTY: LICENSEE:
CONTRA COSTA COUNTY GARY and DELORES KUHN
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By
Keith Freitas uhn
i Director of Airports
9y
Recommended for Approval 'Delores Kuhn
I By
Date
Karen A. Laws (Date signed by Licensee).
Principal Real Property-Agent
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By
Beth Lee
Airport Business and
Deveiopmea Manager
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Applraved as to form:
5ilvano B. Machesi
County Counsel
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By
Pamela Zaid
Deputy County Cou I
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