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HomeMy WebLinkAboutMINUTES - 07212009 - C.22RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports to terminate the T-Hangar and Shade Hangar Rental Agreement with James Von Waldegg. AUTHORIZE County Counsel to pursue legal action. Pacheco Area. FISCAL IMPACT: There is no negative impact on the General Fund. The Airport Enterprise Fund will cover the cost of any legal action. BACKGROUND: On February 1, 2007, the County entered in to a T-Hangar and Shade Hangar Rental Agreement (Agreement) with James Von Waldegg (Tenant) for use of T-Hangar #D-3, which is located on the East Ramp of Buchanan Field Airport. Because of his failure to pay rent in full and the cancellation of mandatory insurance, Tenant is currently in default under the Agreement. A non-compliance letter was sent to Tenant on April 22, 2009. The letter informed Tenant that to avoid termination of the Agreement, payment in full of past due rent, then totaling APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/21/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Lee (925) 646-5722 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 21, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C. 22 To:Board of Supervisors From:Keith Freitas, Airports Director Date:July 21, 2009 Contra Costa County Subject:APPROVE AND AUTHORIZE TERMINATION OF T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT WITH JAMES VON WALDEGG $1,259.14, and evidence of satisfactory insurance would have BACKGROUND: (CONT'D) to be delivered to the County by 4:00 p.m. May 7, 2009. On April 27, 2009, Tenant personally delivered $500.00 in cash to the Airport office as partial payment of the past due rent. At that time, Tenant stated it was his intention to bring the account current by May 7, 2009. However, the deadline was not met. Airport staff is requesting authority to terminate the Agreement and to pursue legal action against Tenant through County Counsel. Such actions are consistent with adopted Airport policies. In addition, by recovering possession of the Premises, the Airport will be able to make the space available to the next person on the Buchanan Field Airport T-Hangar waiting list. CONSEQUENCE OF NEGATIVE ACTION: Failure to terminate the Agreement and pursue legal action against Tenant would result in the Airport being unable to enforce adopted Airport policies and procedures. CHILDREN'S IMPACT STATEMENT: