HomeMy WebLinkAboutMINUTES - 11142006 - C.33 Office of the Clerk of the Board of Supervisors
CONTRA COSTA COUNTY
651 Pine Street, Room 106
Martinez, CA 94553
Phone: 925.335. 1900
Fax: 925.335. 1913
NOTICE OF CORRECTION TO RECORD
Board Agenda Item No.: C. 33
Date- NOVEMBER 14, 2006
Please note that the following correction was made to the record for this item:
RESOLUTION NO. 2006/734 WAS INADVERTENTLY NOT
PROCESSED AND SIGNED.
PLEASE DESTROY
ANY PREVIOUS
C COPIES
P
O E
S
F
O THIS RECORD
C R
O D
AND
REPLACE CE TH
EM
WITH THE
ATTACHED
ED
TO: BOARD OF SUPERVISORS ��" s L °� Contra
FROM: KEITH FREITAS, DIRECTOR OF AIRPORTS
Costa
DATE: November 14, 2006 �` `� County
q CO
SUBJECT: Approve Buchanan Field Airport Form of T-Hangar Rental Agreement and Rental Rates.
Pacheco Area. (District IV). ,
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. APPROVE the form of T-Hangar and Shade Hangar Rental Agreement for Buchanan Field Airport;and
B. ADOPT Resolution superseding Section 1 of Resolution No. 94/286 in the matter of proposed rental
rates for space rental at Buchanan Field Airport, effective November 14, 2006.
II. Financial Impact:
No fmancial impact to the County General Fund. All fees collected are deposited into the Airport Enterprise
Fund. The County General Fund will also realize possessory interest and personal property tax revenue.
Continued on Attachment: t,-' SIGNATURE:
,A6COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_,,"PROVE OTHER
r
SIGNATURES
ACTION OF BO ONAVCX,;�'bl�,.&PPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct copy of an action
VVI-OF SUPERVISORS taken and entered on the minutes of the Board of Supervisors on
�1// UNANIMOUS(ABSENT lv� ) the date shown.
AYES: NOES:
ABSENT: ABSTAIN: �4
Orifi.Div: County Airports
ATTESTED:
Contact: Beth Lee(925)646-5722 JOHN CULLEN,Clerk of the Board of Supervisors and County
cc: Jason Crapo,Deputy County Administrator
Maurice Shin,Public Works Director Administrator
Sharon Anderson,County Counsel
By ,Deputy
SUBJECT: Approve Buchanan Field Airport Form of T-Hangar Rental Agreement and Rental Rates.
DATE: November 14, 2006
PAGE: 2
III. Reasons for Recommendations and Background:
A. Form of T-Hangar and Shade Hangar Rental Agreement
Approximately four years ago, Airport staff embarked on developing a new form of a hangar rental
agreement for the t-hangars, shade hangars and executive hangars owned by the County at Buchanan Field
Airport. A form of agreement was drafted and was not well received by the hangar tenants.As a result,the
tenants formed a three member representative Coalition to work with Airport staff to create a form of
agreement that would be acceptable to all parties.The first form provided for nothing other than an aircraft,
one light, and a drip pan to be in the hangar. This limited use provision is contrary to the aviation industry
standards/requirements at all competitive general aviation airports in our market region,which lead to some
initial consternation by the Coalition members.
Airport staff and Coalition members have worked over the years to create an agreement that is consistent
with industry standards and is acceptable to the various involved County departments. The new form of
rental agreement has gone through several iterations over the years.The new form requires that the primary
purpose of the hangar is to store an aircraft but also allows for comfort items(chair, desk,workbench,and
the like) and a vehicle to be stored in the hangar if space permits (see attached form of T-Hangar Rental
Agreement). Staff also worked with tenants who had previously modified their hangars(when tenants of the
prior leasehold interest)to have those modifications(electrical or structural for lofts)inspected and approved
by the Building Department.In addition,this new agreement allows for a tenant to use the hangar to build an
aircraft(called homebuilding); an emerging trend in smaller, less expensive general aviation aircraft. This
agreement also includes an annual rent increase which is tied to the Consumer Price Index(with an annual
maximum cap of 6%).
Airport staff and Coalition members convened a public meeting on October 19,2006,and invited the hangar
tenants from both the Buchanan Field and Byron Airports to attend. The purpose of this meeting was to
discuss the new form of rental agreement and its implementation process.The implementation schedule is to
provide written 30-day notice on January 2,2007 to all existing Buchanan Field Airport tenants to terminate
existing agreements. Airport staff will work with tenants over the next two months to inspect their hangars
and complete the necessary paperwork so that all parties will have a February 1, 2007, rental agreement
execution date using the new form of rental agreement.Airport,County Counsel and Real Property staff are
modifying the Buchanan Field Hangar Rental Agreement for use at the Byron Airport.This rental agreement
will be brought back to the Board of Supervisors for consideration upon completion.
The Contra Costa County Board of Supervisors Airport Ad Hoc Subcommittee also reviewed and discussed
the Buchanan Field Airport rental agreement at their October 30, 2006, meeting. The proposed rental
agreement, in combination with the rental rates as detailed below, will provide the policy guidance and
structure for the fuller hangar and space rental program.
B. Rental Rates for Buchanan Airport Space Rental
The Resolution will supersede Section 1 of Resolution No. 94/286, and all amendments thereto, that
established rental rates at Buchanan Airport as detailed below.The hangar rental amounts will be increased
on annual basis by the change in the Consumer Price Index(CPI)as provided for in the new T-Hangar and
SUBJECT: Approve Buchanan Field Airport Form of T-Hangar Rental Agreement and Rental Rates.
DATE: November 14, 2006
PAGE: 3
Shade Hangar Rental Agreement. In the event CPI decreases,the new annual rental amount will be the same
as the prior year rental amount. In no event will the hangar rental fee be decreased. Conversely,while CPI
has been a steady economic indicator in the past few years, the rental agreement provides a 6% cap in
maximum CPI annual increase to offset concerns if economic conditions should vastly change.
IV. Consequences of Negative Action:
Delay in approving the form of T-Hangar and Shade Hangar Rental Agreement and the rental rates at
Buchanan Field will delay equalizing hangar tenant agreements and obligations plus the Airports' ability to
recognize increased revenues for space rentals. A delay in these actions may negatively impact general
aviation aircraft facilities,services,Airport demand needs and revenue to the Airport Enterprise and County
General Fund.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 14, 2006, by the following vote:
AYES: SUPERVISORS UILKENIA,
PIEPHO, GLOVER, AND GIOIA
NOES: NONE
ABSENT; SUPERVISOR DESAULNIER
-- Resolution No. 2006/
Subject: In the Matter of Proposed Rental Rates for Space Rental at Buchanan
Field Airport
The Board of Supervisors of Contra Costa County, California RESOLVES that
the following rental rates for space rental provided by Contra Costa County at
Buchanan Field Airport are established effective November 14, 2006 and that
such rental rates shall supersede those set forth in Section 1 of Resolution No.
94/286:
SECTION 1. AIRCRAFT STORAGE&PARKING
a. The following schedule of rental rates for outside aircraft parking space is applicable:
AIRCRAFT WINGSPAN BASED AIRCRAFT ITINERANT
OR LENGTH MONTHLY AIRCRAFT
TIEDOWN AREA (whichever is greater) RENTAL RATE DAILY
RENTAL RATE
Transient Ramp $7
East Ramp 40 ft.or less $60 $7
40+ft to 50ft. $94 $11
50+ft.to 60 ft. N/A $13
60+ft.to 75 ft. N/A $26
75 ft. &up(per foot) N/A $ .50/ft.
West Ramp 40 ft.or less $60 N/A
Northwest or Southwest
Ramp 40 ft.or less $55 N/A
Gravel Area 40 ft.or less $39 N/A
RESOLUTION NO. 2006/
TIEDOWN AREA AIRCRAFT WINGSPAN BASED AIRCRAFT' ITINERANT
OR LENGTH MONTHLY AIRCRAFT
(whichever is greater) RENTAL RATE DAILY
RENTAL RATE
A Row Hangars $345 N/A
C Row Hangars $345 N/A
D Row Hangars $345 N/A
E Row Hangars $345 N/A
B Row Shade Hangars $155 N/A
End Storage Units $135 N/A
West Ramp Executive Hangars $400 N/A
Itinerant daily rental rates will apply to aircraft remaining overnight;however,the owners/operators of the Crowne
Plaza Hotel are hereby empowered by the County to provide parking validation in the amount of the applicable daily
rate for itinerant non-commercial aircraft remaining overnight for the first three consecutive nights.
BE IT FURTHER RESOLVED THAT this resolution supersedes Section 1 of
Resolution No. 94/286 and establishes new rental rates,for space rental provided
by Contra Costa County at Buchanan Field Airport.
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: November 14,2006
JOHN CULLEN, Clerk of the Board of
Supervisors and County Administrator
By Deputy Clerk
Contact: Beth Lee,646-5722
cc: Jason Crapo, Deputy County Administrator
Maurice Shiu,Public Works Director
Sharon Anderson,County Counsel
RESOLUTION NO. 2006/ ;W
CONTRA COSTA COUNTY-BUCHANAN FIELD AIRPORT
T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
Table of Contents
T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT ......................................... 3
1. .PARTIES ............................................................................................................... 3
2. RENTER AND AIRCRAFT INFORMATION .......................................................... 3
3. PURPOSE ....................... ...
4. PREMISES ............................................................................................................ 3
5. USE ....................................................................................................................... 3
6. TERM ..................................................................................................................... 4
7. RENT .................:............................... ............................................ 4
8. SECURITY DEPOSIT ...............:............................................................................ 6
9. PROHIBITED USES ......................................................................
........
............:... 7
10. PARKING .............................................................................................................. 7
11. MAINTENANCE AND REPAIRS ........................................................................... 7
12. SIGNAGE ............ ............................................................................................... 8
13. ALTERATIONS ...................................................................................................... 8
14.. ASSIGNMENT OR SUBLETTING ......................................... ............................ 9
15. HOLD HARMLESS ................................................................................................ 9
16. INSURANCE .................................................................. . ..................................... 9
17. SURRENDER ............................... ...................................................................... 10
18. AIRPORT VEHICLE ACCESS ...............................................:............................... 10
19. SECURITY ............................................................................................................. 10
20. TAXES ................................................................................................................... 11
21. WASTE, QUIET CONDUCT ................................................................................. 11
22. HAZARDOUS MATERIALS ................................................................................... 11
23. STORMWATER DAMAGE .................................................................................... 14
24. AIRPORT'S RIGHT OF ENTRY ............................................................................ 14
25. GENERAL PROVISIONS ....................................................................................... 15
26. LAWFUL CONDUCT ............................................................................................. 16
27. DEFAULT .............................................................................................................. 16
28. CUMULATIVE RIGHTS AND REMEDIES .............................................................. 16
29. NO CONTINUING WAIVER ................................................................................... 17
30. NOTICES ............................ .......... ................................................................. 17
31. ENTIRE AGREEMENT .......................................................................................... 18
32. CHOICE OF LAW .................................................................................................. 18
33. TIME IS OF THE ESSENCE .................................................................................. 18
34. SIGNATURES ...........................................................:....................... ...... 18
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T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
1012006
EXHIBIT "A"- RENTER AND AIRCRAFT INFORMATION FORM
EXHIBIT "B" -T-HANGAR AND SHADE HANGAR SITE PLAN
EXHIBIT "C"- CONDITION OF HANGAR AS OF EFFECTIVE DATE
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T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
10/2006
CONTRA COSTA COUNTY -BUCHANAN FIELD AIRPORT
T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
1. PARTIES: Effective ("Effective Date"), the COUNTY OF CONTRA
COSTA, a political subdivision of the State of California ("Airport"), and
("Renter"), hereby mutually agree and promise as follows:
2. RENTER AND AIRCRAFT INFORMATION: Simultaneous with the execution of this
T-Hangar and Shade Hangar Rental Agreement ("Rental Agreement") by Renter,
Renter shall complete the Renter and Aircraft Information.Form. A completed copy of
the Renter and Aircraft Information Form is attached hereto as Exhibit "A" and
incorporated herein. Renter must also provide to Airport at that time,for inspection and
copying, (1) the original current Aircraft Registration or, if the aircraft described in
Exhibit A is under construction, the plans for and proof of ownership of such aircraft;
and (2)the insurance information required by Section 16 below.
3. PURPOSE: The purpose of this Rental Agreement is to provide for the rental of a T-
Hangar or Shade Hangar space at the Contra Costa county- Buchanan Field Airport
for the storage of the aircraft described in the Renter and Aircraft Information Form
("Renter's Aircraft").
4. PREMISES: For and in consideration of the rents and faithful performance by Renter
of the terms and conditions set forth herein,Airport hereby rents to Renter and Renter
hereby rents from Airport that T-Hangar or Shade Hangar shown as# on.the
T-Hangar and Shade Hangar Site Plan,attached.hereto as Exhibit B and incorporated
herein. This T-Hangar or Shade Hangar is.part of the T-Hangar and.Shade Hangar Site
("T-Hangar Site") and shall hereinafter be described.as the "T-Hangar."
Renter has inspected the T-Hangar and hereby accepts the T-Hangar in its present
condition, as is, without any obligation on the part of Airport to make any alterations,
improvements, or repairs in or about the T-Hangar.
5. USE: The T-Hangar shall be exclusively by Renter for the storage of Renter's Aircraft.
In addition to the storage of Renter's Aircraft, Renter may use the T-Hangar for(1)the
homebuilding, restoration and/or maintenance of Renter's Aircraft, provided that such
homebuilding, restoration and/or maintenance is performed by Renter only and in
conformance with all applicable statutes, ordinances, resolutions, regulations, orders,
circulars (including but not limited to FAA Advisory Circular 20-27) and policies now in
existence or adopted from time to time by the United States,the State of California,the
County of Contra Costa and other government agencies with jurisdiction over Buchanan
Field Airport; (2) the storage of and materials directly related to the storage,
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T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
10!2006
construction of homebuilt planes homebuilding, restoration, and/or maintenance of
Renter's Aircraft; (3) the storage of one boat, or one recreational vehicle, or one
motorcycle, or one automobile, provided that Renter first provides to Airport proof of
Renter's ownership and original registration of any stored boat or vehicle,for inspection
and copying; and/or (4) the storage of comfort items (such as a couch, small
refrigerator, etc.)that the Director of Airports, in his sole discretion, determines will not
impede the use of the hangar for the storage.of Renter's Aircraft,and are not prohibited
by applicable building and fire codes. The T-Hangar shall not be used for any purpose
not expressly set forth in this Section 5. Use.
The use of all or a portion of the T-Hangar for the storage of aircraft not owned or
leased by Renter is prohibited. ("Aircraft not owned or leased by Renter" means any
aircraft in which Renter does not have an ownership interest or which is not directly
leased to Renter). Renter shall present proof of said ownership interest or lease to
Airport upon request in addition to that information provided in Exhibit A.
If Renter's Aircraft is or becomes non-operational,it may be stored in the T-Hangar only
if it is being homebuilt or restored by Renter. Prior to the.commencement of any such
homebuilding or restoration, Renter shall provide to Airport(1)a copy of the purchase
agreement or (2) a valid federal registration number. If Renter's Aircraft is not
registered as of the Effective Date, upon completion of construction, Renter shall
register and.apply for an airworthiness certificate for Renter's.Aircraft in accordance
with all applicable federal statutes and regulations and provide the original registration
and certification to Airport, for inspection and copying, immediately upon receipt by
Renter..On or before January 1 of each year,if the homebuilding or restoration has not
been completed, Renter shall provide a written annual report to the Director of Airports
that details the homebuilding or restoration activity performed,work still required to be
completed and an estimate of time of completion.
6. TERM: This Rental Agreement shall be from month to month commencing
,and shall continue until terminated. This Rental Agreement may
be terminated by any party upon thirty (30)days written notice to the other party.
7. RENT:
A. Monthly Rent and Additional Rent. Renter shall pay$ in rent
per month ("Monthly Rent") due and payable in advance on the first day of
each calendar month, beginning on the commencement date of this Rental
Agreement. Unless directed to do otherwise by Airport, Renter shall pay rent
only in cash or by personal check, certified check, or money order. .lf the term
of this Rental Agreement begins on a day other than the first day of the month,
the Monthly Rent stated above for the first month shall be prorated based on a
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T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
10120D6
thirty-day month and shall be due and payable at the time the Renter signs this
Rental Agreement.
The Monthly Rent shall be adjusted annually by the change in Consumer Price
Index ("CPP'), as defined hereinbelow, for the latest one year period ending
December 31 of each year. CPI, as used herein, shall mean the Consumer
Price Index for all Urban Consumers,All items,for the San Francisco-Oakland-
San Jose Metropolitan Area, as published by the Bureau of Labor Statistics.of
the U.S..Department of Labor,or its successor. Notwithstanding anything in the
foregoing to the contrary, (1) at no time will the Monthly Rent be decreased by
CPI adjustment; and. (2) no single increase in Monthly Rent shall exceed 6
percent of the applicable Monthly Rent. The.new Monthly Rent will take effect
thirty (30) days after Airport gives written notice to Renter of the new Monthly
Rent amount.
All other payments due from Renter to Airport under this Rental Agreement,
including, but not limited to, administrative late charges, interest, and returned
check charges, shall be deemed Additional Rent("Additional Rent"). Airport
shall apply any moneys received from Renter to the oldest amount due on
Renter's account. Any amounts owed by Rent erto Airport prior to the execution
of this Rental.Agreement shall be deemed due under this Rental Agreement on
the commencement date of this Rental Agreement.
I. Administrative Late Charge and Interest. If Renter fails to pay Monthly
Rent or Additional Rent by the fifth day after it is due, Renter shall be
liable for an administrative late charge in the amount of fifty dollars
($50.00), plus.interest at the rate of 1.5% per month,which shall be due
and payable seven (7)days after Airport gives Renter an invoice of said
demand for payment of Monthly Rent or Additional Rent that is not paid
on its due date. Airport and Renter hereby agree that it is and will be
impracticable and extremely difficult to ascertain and fix Airport's actual
damage from any late payments and, thus, that Renter shall pay as
liquidated damages to Airport the administrative late charge specified in
this Section 7.B.,which is the result of the parties' reasonable endeavor
to estimate fair average compensation therefor.
ii. Returned Checks. Renter shall be liable for all bank charges incurred
by Airport if a check written by Renter is returned for insufficient funds,
and Airport may impose a reasonable service charge to cover bank
charges imposed for returned checks. Airport may require Renter to pay
Monthly Rent or Additional Rent by certified check or money order if
Renter's bank or banks have returned one or more personal checks
unpaid within the past twelve (12) months. This subsection does not
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T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
1012006
establish a grace period. Airport may make written demand for payment
immediately upon receipt of a returned check.
iii. Rent Liability Following Vacation of T-Hangar. Renter shall be liable
for rent through the date that it totally vacates the T-Hangar,provided that
Renter has given at least thirty (30) days written notice to Airport of
Renter's intent to vacate. In the absence of such notice, Renter shall be
liable for rent for thirty(30)days after the date Airport actually learns that
Renter has.totally vacated the T-Hangar.
iv. Rent Liability upon Transfer to Another T-Hangar. If Airport transfers
Renter to another T-Hangar, any charges or credits due on the Renter's
account shall be transferred to the account for the new T-Hangar.
B. Lien on Renter's Aircraft for Delinquent Monthly Rent, Delinquent
Additional Rent, and Storage Charges. If Renter is delinquent in paying
Monthly Rent or Additional Rent, pursuant to Section 1208.61 of the California
Code of Civil Procedure, with fifteen (15) days written notice from Airport to
Renter of the delinquency, Airport may remove Renter's Aircraft from the T-
Hangar and place it in storage. If Renter does not pay to Airport the delinquency
within fifteen (15) days of such written notice from Airport to Renter of the
removal and storage, Airport may impose a lien on the Renter's Aircraft and
satisfy that lien as defined in said Section 1208.61.
Airport may also dispose of Renter's Aircraft and all personal property remaining
in the.T-Hangar after termination of this Rental Agreement or upon abandonment
pursuant to Section 1980 et sea.of the California Civil Code. Airport shall notify
Renterof abandonment in accordance with Section 1951.3 of the California Civil
Code.
8. SECURITY DEPOSIT: Simultaneous with the execution of this Rental Agreement,
Renter shall deposit an amount equal to.one times the Monthly Rent applicable at
execution of the Rental Agreement with the Director of Airports as a security deposit
("Security Deposit"). Upon termination of this Rental Agreement, Airport shall have
the right to use the Security Deposit, or any portion of it: (1) to cure any breach or
default of this Rental Agreement by Renter; (2) to repair damages to the T-Hangar
caused by the Renter or by Renter's, officers, employees, agents, guests, or invitees;
or(3)to clean the T-Hangar upon expiration or termination of the tenancy. Within thirty
(30) days after Renter has terminated this Rental Agreement and vacated the T-
Hangar,Airport shall return the Security Deposit to Renter,without interest, minus any
deductions permitted by law.
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T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
1 Wws
9. PROHIBITED USES: The following uses of the T-Hangar are specifically prohibited:
A. Use of the T-Hangar for any commercial purpose, including, but not limited to,
a charter service as defined in FAA Part 135, or for aircraft rental, servicing, or
flight instruction;
B. Use of the T-Hangar as.a place of residence;
C. Use of the T-Hangar for any type of storage if Renter's Aircraft is not housed
there;
D. Use of the T-Hangar for the storage of any aircraft not owned or leased by
Renter;
E. Use of the T-Hangar or surrounding property for the repairing, maintaining,
building, constructing, painting, servicing, or overhauling of any aircraft, motor
vehicle, or other equipment on a commercial basis;
F. Use of the T-Hangar or surrounding property for aircraft maintenance,otherthan
normal pre-flight maintenance and preventive maintenance, as defined in FAA
Part 43, Appendix A, and elsewhere in Federal Aviation Regulations;
G. Use of the T-Hangar for painting of any kind;
H. Use of the T-Hangar for fueling or defueling;
I. Use of the T-Hangar for any repair, servicing, or restoration of motor vehicles;
J. Use of the T-Hangar for the storage of explosives,gasoline, or other flammable
or combustible materials except in such amounts and in such containers as
approved in writing by the Fire Marshal and the Director of Airports upon written
request by Renter;
K. Use of the T-Hangar for any purpose that violates any existing or future Airport
or other applicable statute, ordinance, resolution, regulation, order, or any term
or provision of this Rental Agreement;
L. Use of the T-Hangarfor storage of non-operational aircraft except as otherwise
permitted pursuant to Section 5. Use.
10. PARKING: While Renter's Aircraft is in use, Renter's unattended motor vehicles shall
be parked in the T-Hangar. Renter shall not park or leave Renter's Aircraft, motor
vehicles, or any other obstructions on the taxiway or pavement outside the T-Hangar
in a mannerwhich the Directorof Airports determines interferes with access to adjacent
T-Hangars. Failure to observe this parking restriction will be cause for revoking
Renter's ramp access.
11. MAINTENANCE AND REPAIRS: Renter shall maintain the T-Hangar, and any
approved alterations or additions thereto, in a clean and orderly condition at all times.
No credit shall be allowed Renter by Airport for the cost of any maintenance or repairs
completed by Renter. Renter shall abide by, and shall ensure that all others in the T-
Hangar abide by, the following rules:
A. All power tools used in the T-Hangar shall be in compliance with all federal,state
and local laws;
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T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
10!2006
B. All flammable or combustible materials shall be used only in an appropriate
manner,including only when the T-Hangar doors are open to provide ventilation;
C. All flammable or combustible materials shall be stored in the T-Hangar only in
UL approved containers, which are closed when not in use, and no flammable
or combustible materials shall be stored in the Shade Hangars or in adjacent
areas;
D. There shall be no open flames in the T-Hangar at any time;
E. There shall be no smoking in the T-Hangar at any time; and
F. Rentershall maintain the"No Smoking"signs installed byAirport in the T-Hangar
at all times.
Renter shall perform all maintenance and repairs in compliance with, and all
maintenance and repairs necessaryto complywith,all applicable statutes,ordinances,
resolutions, regulations, orders, and policies now in existence or adopted from time to
time by the United States,the State of California,the County of Contra Costa and other
government agencies with jurisdiction over Buchanan Field Airport.
12. SIGNAGE: No signage shall be installed on the T-Hangar without the prior written
consent of the Director of Airports. .
13. ALTERATIONS:
A. Renter shall not paint,remove,deface,modify, bend,drill,cut,or otherwise alter
any part of the T-Hangar without the prior written consent of the Director of
Airports.
B. Renter shall not install any fixtures or make any alterations or additions, or
permit any additions or alterations to be made, in or on.the T-Hangar without
obtaining the priorwritten consent of the Director of Airports and approval of the
Contra Costa County Building Inspection Department.
C. Renter shall not use high voltage electrical equipment or machinery in.or about,
modify existing wiring in, or install additional electrical outlets or fixtures in the
T-Hangar without the prior written consent of the Director of Airports.
D. Renter shall not attach any hoisting or holding mechanism to any part of the T-
Hangar or pass any such mechanism through any part of the struts or braces of
the T-Hangar. For purposes of this Rental Agreement, a hoisting or holding
mechanism shall be deemed to include, but shall not be limited to, a chain-ball,
block and tackle, or other hoisting device.
If the consent of the Director of Airports is sought for any alterations proposed.for the
T-Hangar, Renter shall submit a plan of the proposed alteration to the Director of
Airports, along with Renter's written request for said approval. Subsequent to the
Director of Airports'approval, Renter must obtain approval (via permit)from the Contra
Costa County Building Inspection Department for said improvements.
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T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
1012006
All fixtures installed in or on, as well as all additions or alterations made to, the T-
Hangar shall become Airport's property and shall remain in the T-Hangar at the
termination of this Rental Agreement,however terminated,without compensation of any
kind to Renter, unless directed in writing by the Director of Airports to be removed and
the T-Hangar returned to the condition of the T-Hangar as of the Effective Date,at the
sole cost of Renter. Documentation of the T-Hangar's condition as of the Effective Date
is attached hereto and incorporated herein as Exhibit C.
14. ASSIGNMENT OR SUBLETTING: Renter shall not assign this Rental Agreement, or
any interest therein, and shall not sublet the T-Hangar, or any part thereof or any right
or privilege appurtenant thereto. Any assignment or subletting shall be void and,at the
sole option of Airport,shall terminate this Rental Agreement. The parking of aircraft not
owned or leased by Renter,as described in Section 5.Use above, in the T-Hangar shall
constitute a subletting for purposes of this Section 14.
15. HOLD HARMLESS: Renter shall defend, indemnify, save, and hold harmless Airport
and its officers, agents, employees, and contractors from any and all claims, suits,
costs, and liability, including reasonable attorney's fees, for any damages, sickness,
death, or injury to any person(s) or property, including without limitation all
consequential damages,from any cause whatsoever arising out of or relating, directly
or indirectly, to this Rental Agreement, the tenancy created under this Rental
Agreement, the T-Hangar, or the operations of,Renter, Renter's. agent, or any,other
person acting on behalf of or with Renter, or with Renter's.knowledge or consent, or of
anyone claiming to be acting on behalf of or with Renter under this Rental Agreement,
save and except claims or litigation arising through the sole negligence or sole willful
misconduct of Airport. At the request of Airport, Renter will defend any such actions at
the sole cost and expense of Renter. This Section 15 shall survive any expiration or
termination of this Rental Agreement.
16. INSURANCE: Renter shall certify that the following insurance coverages are in effect
prior to the commencement of the Rental Agreement and shall maintain said coverage
in full force and effect until the expiration or termination of this Rental Agreement:
A. Aircraft Liability Insurance. Aircraft Liability Insurance covering injuries to
persons and damage to property caused by the ownership, operation or use of
Renter's Aircraft and/or use of the T-Hangar,with a combined single limit of not
less than $1,000,000 per occurrence, including not less than $100,000 per
passenger.
B. Aircraft Physical Damage Insurance. Aircraft Physical Damage Insurance for
no less than replacement cost value of Renter's Aircraft.
Renter shall provide insurance from a qualified company with an AM Best rating of AV
or better, in a form and amount acceptable to the Director of Airports. Renter shall
9
T•HANGAR AND SHADE HANGAR RENTAL AGREEMENT
50/2006
provide the Director of Airports with a Certificate of Insurance,signed by an authorized
representative of the insurance company, containing the following provisions:
• The County of Contra Costa, its officers, agents, employees and
contractors are endorsed to be an additional insured as respects the liability
coverages afforded.
• A waiver of the insurance company's right to subrogate against the
County of Contra Costa, its officers, agents,employees and contractors for any
loss of or damage to the Renter's Aircraft covered by the insurance.
• A thirty(30)day prior notice of cancellation of the insurance shall be sent
to the Director of Airports.
17. SURRENDER: Upon the expiration or termination of this. Rental Agreement, Renter
shall immediately surrender possession of the T-Hangarto Airport and shall remove the
Renter's.Aircraft and all personal property from the T-Hangar. Upon such surrender of
possession, Renter shall leave the T-Hangar in the condition it was in as of the Effective
Date,allowing for ordinary and normal usage during occupancy,and shall immediately
reimburse Airport as Additional Rent the cost to repair any damage to the T-Hangar
caused by Renter's use. Storage and disposition of Renter's property that remains in
the T-Hangar after termination of this Rental Agreement shall be in accordance with
law.
18. AIRPORT VEHICLE ACCESS: The Director of Airports may designate in writing
Renter's vehicle route and method of ingress to and egress from the Buchanan Field
Airport.
19. SECURITY: Renter shall be solely responsible for all on-site security regarding the T-
,Hangar, including but not necessarily limited to providing a lock. Airport shall have no
obligation to provide security for the T-Hangar and shall not be liable for any loss of or
damage to any of Renter's property by theft or otherwise and shall not be.responsible
for the security of Renter's Aircraft.
Renter shall abide by applicable provisions of the Airport's Security Plan("ASP"). From
time to time the ASP may be modified or updated. This may place additional
restrictions, requirements, and responsibilities on the Renter. An automated security
access control system currently limits access to Airport. Only those persons authorized
in writing by the Director of Airports are permitted to have access to Airport property.
Renter and Renter's officers, employees, agents, guests, and invitees must abide by
posted security rules. Should any of these security rules be violated, it may be cause
for termination of this Rental Agreement, with any fines levied being the responsibility
of Renter.
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T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
101200r.
20. TAXES: Renter shall pay all taxes, assessments,or charges that may at any time be
levied by any public entity on the use of the T-Hangar or on any possessory interest that
Renter may have under this Rental Agreement. Renter understands and acknowledges
that, in accepting this Rental Agreement, its interest therein may be subject to a
possessory interest tax imposed by the Contra Costa County Assessor. A renter of the
T-Hangar on January 1 of each year shall be liable for the full payment of this
possessory interest tax even if that renter subsequently vacates the T-Hangar during
that year.
Any such payments of taxes, assessments,or charges by Renter shall not reduce any
Monthly Rent or Additional Rent or other moneys due Airport, and said payments shall
be the liability of, and shall be paid promptly by, Renter when due.
21. WASTE: QUIET CONDUCT:
A. Renter shall.not commit, or suffer to be committed, any waste in or upon the T-
Hangar or any nuisance or other act or thing that may disturb the quiet
enjoyment of the use of Buchanan Field Airport or surrounding property.
B. Renter shall provide, as necessary, a separate drainage, collection, and/or
separation system to ensure that no untreated liquid waste from any type of
operation conducted in the T-Hangar not permitted to be discharged directly into
the Airport storm drainage or sanitary system, including aircraft cleaning and oil
change operations, will enter the Airport storm drainage or sanitary system.
C. Renter shall at all times comply with all applicable statutes, ordinances,
resolutions, regulations and orders of federal, state, and local government
agencies with jurisdiction over Buchanan Field Airport,.including but not limited
to the County of Contra Costa, the .Central Contra Costa Sanitary District, the
San Francisco.Bay Regional Water District,and the San Francisco Bay Regional
Water Quality Control Board.
D. Renter shall not permit any activity in or upon the T-Hangar that directly or
indirectly produces. unlawful amounts or levels of pollution, including, but not
limited to,gases, particulate matter,odors,fumes,smoke,dust,water pollution,
noise, glare, heat emissions, electronic or radio interference with navigational
and communication facilities for the operation of the Buchanan Field Airport and
for use by aircraft,trash or refuse accumulation, vibration, prop-wash,jet blast,
or any other activity that is hazardous or dangerous by reason or risk of
explosion, fire, or harmful emissions.
22. HAZARDOUS MATERIALS:
A. Definition of Hazardous Materials. As used in this Rental Agreement,the term
"Hazardous Materials"shall mean any hazardous or toxic substance,hazardous
or radioactive material, or hazardous waste, pollutant or contaminant at any
concentration that is or becomes regulated by the United States, the State of
11 .
T•HANGAR AND SHADE HANGAR RENTAL AGREEMENT
101200&
California, or any local government authority having jurisdiction over the T-
Hangar. Hazardous Materials include, but are not limited to, the following: (1)
Any"hazardous waste," "extremely hazardous waste,"or"restricted hazardous
waste," as defined in Sections 25115, 25117 or 25122.7, or listed pursuant to
Section 25140 of the California Health &Safety Code, Division 20, Chapter 6.5
(Hazardous Waste Control Law); (2)any"hazardous substance"as that term is
defined in Section 25316 of the California Health & Safety Code, Division 20,
Chapter 6.8(Carpenter-Presley-Tanner Hazardous Substance Account Act);(3)
any material or substance listed as a chemical known to cause cancer or
reproductive toxicity pursuant to Section 6380 of the California Labor Code,
Division 5,Chapter 2.5(Hazardous Substance Information and Training Act);(4)
any"hazardous waste"as that term is defined in Section 1104 of the Resource
Corfservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C.
Section 6903); (5)any"hazardous substance"as that term is defined in Section
101 of the comprehensive Environmental Response,Compensation,and Liability
Act of 1980,42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601); (6) any
pollutant,contaminant,or hazardous,dangerous,or toxic chemical, material,or
substance, within the meaning of any other applicable federal, state, or local
statute,ordinance,resolution,regulation,order,policy,or requirement,including
consent decrees and administrative orders imposing liability or standards of
conduct concerning any hazardous, dangerous, or toxic waste, substance, or
material, now or hereafter in effect; (7) any petroleum product; (8) any
radioactive material,including any source,special nuclear,or byproduct material
as.defined in 42 U.S.C. Section 2011 et seq.; (9) any asbestos in any form or
condition; and (10) any polychlorinated biphenyls (PCBs) and any substances
or any compounds containing PCBs..
B. Use of Hazardous Materials/Compliance with Laws: Renter shall not cause
or permit any Hazardous Materials, as defined in this Section, to be generated,
brought onto, stored, used, emitted, released,discharged or disposed of in, on,
under, or about the T-Hangar by Renter or its officers, employees, agents,
contractors, sublessees, guests or invitees, except that (1) limited quantities of
standard office and janitorial supplies containing chemicals categorized as
Hazardous Materials may be brought into the T-Hangar provided they are used
and disposed of in compliance with all applicable laws; (2) limited quantities of
motor oils, hydraulic fluids, fuel and other materials commonly used in aircraft
storage facilities may be brought into the T-Hangar provided they are used,
stored and disposed of in compliance with all applicable laws;and(3)such other
Hazardous Materials as are approved in advance in writing by Airport. During
the term of this Rental Agreement, Renter shall strictly comply with all applicable
laws, statutes, ordinances, regulations, orders, etc., in effect that related to
public health and safety and protection of the environment including, but not
limited to those identified in this Section ("Environmental Laws").
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T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
1012006
C. Notification to Director of Airports: If, during the term of this Rental
Agreement, Renter becomes aware of(a) any actual or threatened release of
any Hazardous Materials on, under, or about the T-Hangar; or (b) any inquiry,
investigation, proceeding, or claim by any government agency or other person
regarding the presence of Hazardous Materials on, under, or about the T-
Hangar, Renter shall (1) immediately provide verbal notification to the Director
of Airports of any release or investigation,and (2)provide written notice of such
release or investigation to the Director of Airports within twenty-four(24) hours
after learning of it. Renter shall simultaneously furnish to Airport copies of any
claims, notices of violation, reports, or other writings received by Renter that
concern the release or investigation. Airport shall have the right to inspect the
T-Hangar for compliance with the provisions of this Section upon twenty-four
(24) hours written notice. Notification to the Director of Airports under this
Section does not relieve Renter of any obligation. to notify any governmental
agency under any applicable Environmental Law.
D. Indemnification: Renter shall,at Renter's sole expense and with legal counsel
reasonably acceptable to Airport,indemnify,protect,defend,and hold harmless
Airport and Airport's officers, employees, agents, and contractors from and
against any and, all losses arising out of or relating to the violation of any
Environmental Laws or the use, handling, generation, emission, release,
discharge,storage or disposal of any Hazardous Materials by Renter or Renter's
officers,employees,agents,contractors,guests or invitees. This indemnification
applies whether or not the concentrations of such Hazardous Materials exceed
state or federal maximum contaminant or action levels or whether any
government agency has issued a cleanup order. Losses covered by this
indemnification provision include, but are not limited to: (1) Losses attributable
to diminution in the value of the T-Hangar; (2) loss or restriction of use of
rentable space in the T-Hangar;(3)adverse effect on the marketing of any rental
space in the T-Hangar; and (4)all other liabilities, obligations, penalties, fines,
claims,and actions,including,but not limited to,remedial or enforcement actions
of any kind and administrative or judicial proceedings, orders or judgments,
damages, including consequential and punitive damages, and costs, including
attorney,consultant,and expertfees and expenses,arising from or related to the
violation of Environmental Laws or the use, handling, generation, emission,
release, discharge, storage or disposal of any Hazardous Materials as set forth
above. This indemnification clause shall survive any termination of this Rental
Agreement.
E. Remediation Obligations: Except as provided in this Section, nothing in this
Rental Agreement imposes any responsibility or obligation on Airport or Renter
to prepare or implement any remediation plan or to attain remediation of the T-
Hangar to a level or standard required for Renter's use or any other purposes,
and Airport makes no warranties, representations, covenants or agreements
13
T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
7012006
concerning remediation for the purposes of Renter's use or any changes in
environmental laws affecting such uses. If the presence of any Hazardous
Materials brought into the T-Hangar by Renter or Renter's officers, employees,
agents,contractors,guests,or invitees results in contamination of the T-Hangar,
Renter shall immediately notify the Director of Airports, and shall promptly take
all necessary actions to remove or remediate such Hazardous.Materials whether
or not they are present at concentrations exceeding state or federal maximum
concentration or action levels or whether any government agency has issued a
cleanup order,at Renter's sole expense,to return the T-Hangar to the condition
that existed before the introduction of such Hazardous Materials. Renter shall
first obtain the Director of Airports'written approval of the proposed removal or
remedial action. This provision does not limit the indemnification set forth in this
section.
23. STORMWATER DISCHARGE: The Federal Clean Water Act provides that the
discharge of pollutants to waters of the United States from any industrial.or commercial
properties must be in compliance with.a National Pollutant Discharge Elimination Permit
(NPDEP). Under this Act,airports are considered"industrial activities." Therefore,the
Airport, including all tenants located on the Airport, is required to be in compliance
under the Act and the NPDEP. Contra Costa County has applied for and received the
NPDEP, which shall cover Renter's operations in the T-Hangar.
Renter shall ensure that no pollution or Hazardous Materials of any type will be
discharged into the stormwater system at Buchanan Field Airport, and shall be held
responsible for any such discharge by Renter or by any of Renter's.officers,employees,
agents,contractors,.guests,or invitees,during the entire term.of this Rental Agreement.
Any fine or cost of remedial action required of Airport, by any agency or agencies
having jurisdiction there over,as a result of actions on.or discharges from the T-Hangar,
will be charged.to Renter, and Renter shall immediately reimburse Airport for these
costs upon demand. In addition, any discharge of pollutants or Hazardous Materials,
as,defined herein, on or from the T-Hangar shall be considered.a default of this Rental
Agreement and shall be grounds for its termination.
24. AIRPORT'S RIGHT OF ENTRY: Upon twenty-four(24)hour written notice to Renter,
Airport may enter the T-Hangar for any lawful purpose, including but not limited to the
inspection of the T-Hangar, investigation of suspicious or illegal activity, the repair,
maintenance, restoration, reconstruction of the T-Hangar, or removal of any part or
parts of the T-Hangar, that in the reasonable opinion of Airport are not in a safe,
healthy, or satisfactory condition or are in violation of this Rental Agreement or any
applicable statute, ordinance, resolution, regulation, order, or lease.
14
T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
1012006
Such written notice shall.be given by posting the notice on the T-Hangar. Airport shall
also send.written notice to Renter by e-mail,facsimile or overnight delivery,at Airport's
sole option, using the contact information provided on the Renter and Aircraft
Information Form attached hereto. Any and all costs incurred by Airport pursuantto this
provision shall be paid by Renter as Additional Rent. Whether or not Renter can be
present,Airport shall have the right to enter the T-Hangar on the.day and time specified
in the notice.. Notwithstanding the foregoing or any other provision of this Rental
Agreement, Airport shall have the right to enter the T-Hangar at any time without prior
notice if Airport deems such entry necessary for emergency purposes.
If such entry by Airport discloses that Renter's T-Hangar, or any part thereof, is in the
reasonable opinion of Airport not in a safe, healthy or satisfactory condition or is in
violation of this Rental Agreement or any applicable statute, ordinance, resolution,
regulation, order, policy or lease, Airport may, at its sole option and discretion, (1)
perform. such repairs, maintenance, restoration, reconstruction or removal as are
necessary in the opinion of Airport to restore the T-Hangar to a condition satisfactory
to Airport; or (2) provide written notice to Renter of such conditions or violations and
require Renter to cure or correct any or all such conditions,at Renter's expense. In-the
event that Renter fails to cure or correct such conditions as directed by Airport within
thirty. (30) days, Airport may thereafter have any necessary repairs, maintenance,
restoration, reconstruction, or removal done for Renter, at Renter's expense. Upon
delivery by Airport to Renter of a statement of the cost of such repairs, maintenance,
restoration, reconstruction or removal, Renter shall promptly pay, as Additional Rent,
any and all documented costs incurred by Airport, including, without limitation, the
reasonable expenses of Airport in having such necessary work done to keep the T-
Hangar in a safe, healthy, and satisfactory condition, and to keep the T-Hangar.free
from.violations. Airport will provide.Renter with a list of any such repairs,.maintenance,
restoration, reconstruction or removal prior to the commencement of any such work.
25. GENERAL PROVISIONS:
A. Airport reserves the right to take any action it considers necessary to protect the
aerial approaches of Buchanan Field Airport against obstruction.
B. The failure or delay of Airport to strictly enforce any or all of the terms and
conditions of this Rental Agreement shall not operate as,or be deemed,a waiver
of any rights or remedies accruing by law or by this Rental Agreement to Airport
by reason of any subsequent breach.
C. If any provision in this Rental Agreement is held to be invalid by any court of
competent jurisdiction, the invalidity of any such provision shall not materially
prejudice either Airport or Renter regarding their respective rights and obligations
contained in the valid provisions of this Rental Agreement,which shall otherwise
remain effective and binding.
15
T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
W2006
D. Subject to provisions in this Rental Agreement on assignment and subletting,the
terms and conditions of this Rental Agreement shall apply to and bind all
Renter's successors-in-interest regardless of the legal title of said successors-in-
interest.
26. LAWFUL CONDUCT: Renter shall obey and observe,and shall ensure.that all persons
entering upon. the T-Hangar obey and observe, all the terms and conditions of this
Rental Agreement and all statutes, ordinances, resolutions, regulations,.orders and
policies now in existence or adopted from time to time by the United States (including
but not limited to the Federal Aviation Administration), the State of California, the
County of Contra Costa, and other government agencies with jurisdiction over
Buchanan Field Airport relating to the use of the T-Hangar and applicable thereto,
including, but not limited to, statutes,ordinances, resolutions, regulations, orders, and
policies with respectto health,safety,fire,police,and the environment. Failure to follow
such statutes, ordinances, resolutions, regulations, orders and policies, as well as the
terms and conditions of this Rental Agreement shall be a material breach of this Rental
Agreement.
Renter shall be responsible for paying any fines or charges that may be levied by any
government agency for any violation of said statutes, ordinances, regulations orders
and policies arising out of the operations of Renter or its officers, employees, agents,
contractors, guests, or invitees.
27. DEFAULT: The parties consider each and every term, covenant and condition of this
Rental Agreement to be material and reasonable. In the event that Renter breaches
any covenant or condition of this Rental Agreement,Airport may, at its option, serve a
7-day notice specifying the nature.of thebreach and demand that the Renter cure the
breach if the breach can be cured. If Renter fails to cure a.curable breach within the 7-
day period or if the breach is not curable, then Airport, at its option, may exercise any
all remedies available to Airport under law or equity, all of such rights and remedies to
be.cumulative and not exclusive, and may declare that the tenancy is terminated and
that all of Renter's rights under this Rental Agreement are forfeited. A Renter who
receives two (2) notices of termination for failure to pay rent in one 12-month period
shall be deemed to be in repeated violation of a material term of the Rental Agreement
and subject to termination of the Rental Agreement.
28. CUMULATIVE RIGHTS AND REMEDIES: The rights and remedies with respect to any
of the terms and conditions of this Rental Agreement shall be cumulative and not
exclusive and shall be in addition to all other rights and remedies at law or in equity.
Each right or remedy shall be construed to give it the fullest effect allowed in law.
16
T•HANGAR AND SHADE HANGAR RENTAL AGREEMENT
10/2006
29. NO CONTINUING WAIVER: The waiver by Airport of any breach of any of the terms
or conditions of this Rental Agreement shall not constitute a continuing waiver or a
waiver of any subsequent breach of the same or of any other terms or conditions of this
Rental Agreement. The receipt by Airport of any Monthly Rent or Additional Rent with
knowledge of the breach of any term or condition.of this Rental Agreement shall not be
deemed to.be a waiver by Airport,unless such waiver is specifically expressed.in writing
by the Director of Airports. No payment by Renter or receipt by Airport of a lesser
amount than.the Monthly Rent or Additional Rent due shall be deemed to be other than
a payment on account of such rents and. shall not be deemed a waiver of notice of
termination and of forfeiture of this Rental.Agreement.
30. NOTICES:
A. All notices(including requests, demands, approvals, or other communications)
under this Rental Agreement shall be in writing. If Airport's right of entry is
required, notification steps are outlined in Section 24. Airport's Right of Entry.
B. Notice shall be sufficiently given for all purposes as follows: (1)When mailed by
United States first class mail with postage prepaid, 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 shall be
deemed delivered 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, notice shall be deemed delivered
on the date personally delivered. (5) When posted, notice shall be deemed
delivered on the date of such posting.
C. The.place for delivery of all notices given under this Rental"Agreement shall be
as follows:
Renter:
Phone:
17
T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
102006
Airport: Director of Airports
Public Works Department
Contra Costa County
550 Sally Ride Drive
Concord, CA 94520
Phone: (925) 646-5722
or to such other address as Renter and Airport may respectively designate by
written notice to the other.
31. ENTIRE AGREEMENT: This Rental Agreement contains the entire agreement
between the parties relating to the rights herein granted and the obligations herein
assumed. and supersedes all other agreements between the parties on the subject
matter of this Rental Agreement. No alterations or variations of this Rental Agreement
shall be valid unless they are in writing and signed by Airport and Renter.
32. CHOICE OF LAW: This Rental Agreement shall be interpreted and enforced.underthe
laws of the State of California,with venue in the Superior Court of Contra Costa County,
California.
33. TIME IS OF THE ESSENCE for each provision in this Rental Agreement.
34. SIGNATURES:
COUNTY OF CONTRA COSTA RENTER
By By
Keith. Freitas
Director of Airports Print Name . .. .......
Print Title
Approved as to Form: (if Renter is not an individual,see Note below)
Silvano B..Marchesi
County Counsel By
Print Name
By
Deputy County Counsel Print Title
(If Renter is not an individual,see Note below)
[Note:If Renter is a corporation,two officers must sign. The first must be
the chairman of the board,president or any vice president;the second must
be the secretary,assistant secretary,chief financial officer or any assistant
treasurer. (See Corp.Code,§313.) if Renter is a limited liability company,
Renter shall sign in the manner required of corporations,or by two
managers,or by one manager,pursuant to the articles of organization(see
Corp.Code,§§17151,17154,17157.) If Renter is a partnership,any
authorized partner may sign.)
H:\Final\AirportlT-HangerLease.FIN AL.10.24.06.wpd
18
T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
10/2005
Exhibit A
RENTER AND AIRCRAFT INFORMATION FORM
1. RENTER INFORMATION:
Name: %of aircraft owned or leased:
Address:
City State Zip Code
E-mail: Fax No.:
Home Phone: ( ) Work Phone: ( )
Driver's License Number: State
2. AIRCRAFT INSURANCE INFORMATION:
Carrier:
Name of Broker:
Address of Broker.
Broker Phone: ( ) Proof of Insurance Provided: Yes No
3. AIRCRAFT INFORMATION:The following pertains to the aircraft to be stored in the hangar.
Manufacturer. Model: AIC#
4. AIRCRAFT REGISTRATION INFORMATION:
Registered Owner:
Address:
City State Zip Code
Home Phone: ( ) Work Phone: {�)
If Aircraft is Not Registered, Check Here
*For home-built aircraft that will undergo construction in the T-hangar and are not yet registered,a set of plans and evidence of
ownership must be submitted. Upon registration,Renter shall immediately submit the above information to Airport.
5. HOMEBUILT AIRCRAFT INFORMATION:
Date of Purchase: Proof of Ownership Provided: Yes No
Current Status of Construction:
Anticipated Date of Completion:
19
T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
02
Renter's Initials: Airport's Initials 6
6. LEASE INFORMATION:
Lessee(s)of Aircraft:
Name of Lessor:
Address of Lessor:
Lease Expiration Date:
7. SPACE ASSIGNMENT:
T-Hangar Space#: OR Shade Hangar Space#:
8. VEHICLE STORAGE:
Make: Model: Year: License Number
Registered Owner:
9. CO-RENTER INFORMATION (If Applicable)
Name: %of aircraft owned or leased:
Address:
City State Zip Code
E-mail: Fax No.: ( )
Home Phone: ( ) Work Phone: ( )
Driver's License Number: State
Name: %of aircraft owned or leased:
Address:
City State Zip Code
E-mail: Fax No.: ( }
Home Phone: (_� Work Phone: ( )
Driver's License Number: State
Name: %of aircraft owned or leased:
Address:
City State Zip Code
E-mail: Fax No.: { )
Home Phone: (`) Work Phone: (,)
Driver's License Number: State
20
T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
Renter's Initials: Airport's Initials 1012006
Exhibit B
T-HANGAR AND SHADE HANGAR SITE PLAN
21
T•HANGAR AND SHADE HANGAR RENTAL AGREEMENT
10!2006
Exhibit C
CONDITION OF HANGAR AS OF EFFECTIVE DATE
22
T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
1012006
REQUEST TO SPEAK FORM
(THREE (3) MINUTE LIMIT) C
Complete this form and place it in the box near the speakers' rostrum before addressing the Board.
Name: 1J's�v (.� Phone: -7 SS 7-3-LtS
Address: 2.L�`Z-O `TZ*—kM-- Cck---�-(Zig City:
(Address and phone number are optional;please note that this card will become a public record kept on file
with the Clerk of the Board in association with this meeting)
I am speaking for myself or organization: {L(
CHECK ONE:
. I wish to speak on Agenda Item # Date: 13DJ �A '22,e----')
My comments will be: ❑ General For ❑ Against
❑ I wish to speak on the subject of:
❑ I do not wish to speak but would like to leave these comments for the Board to consider:
Please see reverse for instructions and important information