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HomeMy WebLinkAboutMINUTES - 07132010 - C.23RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to EXECUTE on behalf of the County, a County’s Consent to Leasehold Encumbrance; Estoppel between County, as Landlord, Byron Aviation Services Limited, as Tenant, and Scott Valley Bank, as Tenant’s Lender, for leased premises, commonly known as 7500 Falcon Way, at the Byron Airport. FISCAL IMPACT: There is no negative impact on the General Fund. BACKGROUND: August 8, 1995 the County entered into a Lease Agreement with Byron Aviation Services Limited, a Nevada Limited Partnership, for the construction of twenty-two fifty foot by fifty foot hangars at the Byron Airport. The Lease provides that Byron Aviation Services Limited my subject the leasehold estate to no more than one leasehold encumbrance, and that such leasehold encumbrance shall be subject to Airports prior written consent. Byron Aviation Services now desires to refinance their current loan. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/13/2010 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 13, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C. 23 To:Board of Supervisors From:Keith Freitas, Airports Director Date:July 13, 2010 Contra Costa County Subject:APPROVE AND AUTHORIZE COUNTY’S CONSENT TO LEASEHOLD ENCUMBRANCE; ESTOPPEL FOR BYRON AVIATION SERVICES LIMITED AT THE BYRON AIRPORT BACKGROUND: (CONT'D) The new loan will replace the existing loan so only one loan will exist on the leased premises at any one time. Execution of the County’s Consent to Leasehold Encumbrance; Estoppel allows the tenant to refinance the improvements located at they Byron Airport. CONSEQUENCE OF NEGATIVE ACTION: The County’s Consent to Leasehold Encumbrance; Estoppel will not be executed, and the tenant will not be able to refinance the improvements he has developed. ATTACHMENTS Estoppel Certificate and Consent