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HomeMy WebLinkAboutMINUTES - 06262012 - C.20RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute, on behalf of the County, a lease amendment that permits the recording of a Memorandum of Lease related to a 2009 lease between the County, as lessor, and Byron Jet Center LLC, as tenant, for property located at Byron Airport. APPROVE and AUTHORIZE the Public Works Director, or designee, to execute, on behalf of the County, a Memorandum of Lease between the County, as lessor, and Byron Jet Center LLC, as tenant, for the property known as 760 Osprey Court, Byron, California. FISCAL IMPACT: If amended, the lease will permit the Airport Enterprise Fund to continue to receive ground rent, a percentage of all gross receipts, and, if applicable, fuel flowage fees. In addition, the General Fund will continue to receive property, sales and possessory interest tax revenue from the lease. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/26/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, 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: June 26, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: C. 20 To:Board of Supervisors From:Keith Freitas, Airports Director Date:June 26, 2012 Contra Costa County Subject:Approve and Authorize First Amendment to Lease and Execute a Memorandum of Lease for Byron Jet Center LLC, 760 Osprey Court, at the Byron Airport BACKGROUND: On June 23, 2009, the Board authorized the County to enter into an Amended and Restated Lease with Byron Jet Center LLC for the purpose of constructing and operating executive hangars at Byron Airport. The Byron Jet Center project has been constructed and the lessee is in process of selling the hangar units as contemplated in the lease. In order to sell the hangar units, the lenders are requiring that a Memorandum of Lease be recorded for financing purposes. The Memorandum of Lease creates a public record of the existence of the lease. The first amendment to the lease incorporates language into the lease that requires Byron Jet to release the Memorandum of Lease upon the expiration or earlier termination of the lease. CONSEQUENCE OF NEGATIVE ACTION: The County will not execute the Memorandum of Lease and First Amendment to the Lease which will make it difficult for the lessee to sell the hangar units. CHILDREN'S IMPACT STATEMENT: Not Applicable ATTACHMENTS BJC Lease Memorandum