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HomeMy WebLinkAboutMINUTES - 08102010 - C.08RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to (i) terminate the lease between the County and Silver Pacific Aviation LLC dated August 11, 2009, and (ii) initiate an unlawful detainer proceeding against Silver Pacific Aviation to regain possession of approximately 10.59 acres of land on the west side of Buchanan Field Airport, Concord Area. FISCAL IMPACT: No impact on the General Fund. BACKGROUND: On August 11, 2009, the County entered into a lease (the Lease) with Silver Pacific Aviation LLC (Silver Pacific). The County leased approximately 10.59 acres on the west side of Buchanan Field Airport to Silver Pacific to enable Silver Pacific to construct hangars for corporate aircraft on the site. Under the Lease, Silver Pacific is required to construct about 40 aircraft hangars of various sizes (some with small attached office space), a 2,200 square foot public use facility, an aircraft ramp, and a parking area for vehicles. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 08/10/2010 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: August 10, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C. 8 To:Board of Supervisors From:Keith Freitas, Airports Director Date:August 10, 2010 Contra Costa County Subject:APPROVE AND AUTHORIZE Lease Termination and initiation of unlawful detainer proceeding against Silver Pacific Aviation at Buchanan Field Airport BACKGROUND: (CONT'D) Silver Pacific did not prepare and submit preliminary and final plans for the Improvements as required by the lease as such, Silver Pacific has made no improvements to the property. The Lease requires Silver Pacific to pay $27,535.80 as a security deposit upon execution of the Lease. Security Pacific has not done so. The Lease requires Silver Pacific to make monthly lease payments of specified amounts. To date, Silver Pacific has made two rent payments in full, a number of partial rent payments, and for several months, no rent payments at all. As a result, in addition to the unpaid deposit, Silver Pacific owes the County $16,000 in unpaid rent and $2,200 for accumulated late charges, for a total of $18,200 (as of July 6, 2010). For these reasons, Silver Pacific is in default of the Lease. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: