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Home My WebLink AboutMINUTES - 12092008 - C17 TO: BOARD OF SUPERVISORS Ant a FROM: KEITH FREITAS, DIRECTOR OF AIRPORTS of rin = Costa N. DATE: December 9, 2008 " ddu County SUBJECT: APPROVE and AUTHORIZE the Director of Airports, or designee, to execute license agreements with Byron Airport livestock grazing tenants. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Director of Airports, or designee, to execute license agreements for livestock grazing of the Habitat Management Lands at Byron Airport with Gary and Delores Kuhn, Jacqueline G. Stewart, and Joseph C. and Patricia A. Borges, Byron area. (District III) FISCAL IMPACT: The Airport Enterprise Fund will realize a total of $4,362 in fees for period from October 1, 2008 through September 30, 2009 for all three grazing areas (Kuhn at$762, Stewart at$732 and Borges at$2,868). The annual fee will be increased by four percent the following year. Continued on Attachment: ® SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE APPROVE ❑ OTHER SIGNATURE(S): �) ACTION OF BOARD ON (/�'aiy16�� m 9, e�AYPJ p APPROVED AS RECOMMENDED OTHER ❑ VOyE OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: 1 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. —/ Orig.Div:County Airports ATTESTED(/W,49,r'),6�7 d�P 9� Contact: Beth Lee(925)646-5722 cc: County Administrator DAVID TWA, Clerk of the Board of Supervisors and County Public Works Director Administrator By TW{.SK.�� Deputy f SUBJECT: APPROVE and AUTHORIZE the Director of Airports, or designee, to execute livestock grazing license agreements with Byron Airport grazing tenants. DATE: December 9, 2008 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: Of the 1,307 acres at the Byron Airport, 814 are designated as Habitat Management Land (HML) pursuant to a conservation easement granted by the County to the State of California Department of Fish and Game(Easement). In accordance with the Easement,the County is responsible for conserving and improving the HML for endangered and other special-status species. The County has determined that livestock grazing on the HML will help the County achieve the conservation goals. The HML has been divided into ten separate parcels(shown on the attachment to the license agreements)for grazing as follows: Kuhn in Pastures 6 and 7, for a total of 127 acres. Stewart in Pasture 5, for a total of 122 acres. Borges in Pastures 1, 2, 3, 4, 8, A and B, for a total of 478 acres. The license provides that Gary and Delores Kuhn's fee amount is$762 for October 1,2008 to September 30,2009. Jacqueline G. Stewart's fee amount is $732 for October 1, 2008 to September 30, 2009. Joseph C. and Patricia A. Borges' fee amount is$2,868 for October 1,2008 to September 30,2009.All three parties have existing agreements with the County for livestock grazing but the form of these agreements does not properly define the Easement requirements. The new form of license agreement includes all the required language and provisions to assist the County in achieving and maintaining the conservation goals. CONSEQUENCES OF NEGATIVE ACTION: If the license agreements are not approved,the County will have to implement alternative measures for vegetation management in order to meet the conservation goals of the Easement. Such alternative measures may result in increased cost to the County to comply with the Easement. 'J LICENSE AGREEMENT BETWEEN CONTRA COSTA COUNTY AND GARY AND DELORES KUHN FOR LIVESTOCK GRAZING BYRON AIRPORT TABLE OF CONTENTS 1. Effective Date..............................................................................................................3 2. Definition of Grazing Terms.......................................................................................... 3 3. Purpose ...................................................................................................................... 3 4. Grant of License..........................................................................................................4 5. County's Title ... ......................................................................................................4 6. Term ....................................................................................................................... 4 7. Condition of Licensed Premises.....................................................................................4 8. Use of Licensed Premises.........................................................................:...................5 9. Nonrefundable Grazing License Fee .............................................................................. 7 10. Security Deposit..........................................................................................................8 11. Range Management Practices ...................................................................................... 8 12, Grazing Capacity, Grazing Season and Authorized Livestock...........................................9 13. Residual Dry Matter Requirements ............................................................................. 11 14. Licensee Responsibilities for Rangeland Monitoring ..................................................... 11 15. Required Licensee Notifications................................................. .............................. 12 16. Maintenance and Construction of Improvements......................................................... 12 17. Waste; Hazardous Materials....................................................................................... 13 18. Default..................................................................................................................... 13 19. Entry and Inspection................................................................................................. 14 20. Suspension or Limitation of Use ................................................................................. 14 21. Revocable Use .......................................................................................................... 14 22. Security.................................................................................................................... 14 23. Permits and Approvals.............. . ............................................................................. 15 24. Indemnification......................................................................................................... 15 25. Insurance................................................................................................................. 15 26. Notices..................................................................................................................... 16 27. County Provisions for Airport...................................................................................... 16 28. Assignment and Subletting ........................................................................................ 18 29. . Non-Discrimination.................................................................................................... 18 30. Navigational Aids....................................................................................................... 18 31. Governing Law.......................................................................................................... 18 32. Non-Waiver of Breaches............................................................................................ 18 33. No Modification.........................................:............................................................... 19 34. No Third-Party Beneficiaries....................................................................................... 19 35. No Warranties........................................................................................................... 19 36. Severability............................................................................................................... 19 37. Revocation of Prior Licenses ...................................................................................... 19 38. Entire Agreement...................................................................................................... 20 Page 2 of 20 THIS LICENSE AGREEMENT ("Agreement") is made and entered into on this day of 2008, by and between the County of Contra Costa, a political subdivision of the State of California, hereinafter called "County" and Gary and Delores Kuhn, hereinafter called "Licensee." Now, therefore, the parties hereby agree as follows: 1. Effective Date This Agreement is subject to approval by the County Board of Supervisors. This Agreement shall be effective on the date approved by the Board of Supervisors (the "Effective Date"). 2. Definition of Grazing Terms For purposes of this Agreement, the following terms shall have the following meanings: A. "Animal Unit Month" or "AUM" means the amount of forage required by one (1) animal unit for one (1) month. For purposes of this Agreement, the AUM for one (1) mature cow is deemed to be eight hundred (800) pounds of forage. B. "Grazing Capacity" means the level of livestock use allowed on the Licensed Premises consistent with forage production and resource conservation. The unit of measure of Grazing Capacity for this Agreement is the AUM. The initial Grazing Capacity for the Licensed Premises is set forth in Section 12 below. C. "Grazing Season" means the period of time during each year of this Agreement during which Licensee's Livestock are permitted to graze the Licensed Premises, as determined by County from time to time. The initial Grazing Season for the Licensed Premises is set forth in Section 12 below. D. "Livestock" means steers, heifers, cows, calves and bulls. County may change the kinds of Livestock authorized to graze the Licensed Premises as provided in Section 12 of this Agreement. E. "Range Manager" means the individual designated by County to oversee the portion of the Habitat Management Land that is the subject of this Agreement. F. "Residual dry matter" or "RDM" means the amount of dry, herbaceous plant material, expressed in pounds per acre that must remain on the ground at the end of the Grazing Season during each year of this Agreement, as determined by County. 3. Purpose County is the owner and operator of a public airport located near Byron, California, and commonly known as the Byron Airport ("Airport"). Approximately 814 acres of the Airport property have been reserved as Habitat Management Land ("HML'D pursuant to a conservation easement granted by County to the State of California Department of Fish and Game ("Easement"). A true and correct copy of the Easement is on file with the Director of Airports at 550 Sally Ride Drive, Concord, California. Page 3 of 20 Under the Easement, the County is responsible for conserving and improving the HML for endangered and other special-status species. County has determined that Livestock grazing on the parcels of land identified in Section 4 below as the "Licensed Premises" will help County meet the conservation goals of the Easement. The purpose of this Agreement is to provide for the grazing of Livestock on the Licensed Premises for vegetation management in accordance with specifications outlined herein. Any and all rights granted or implied by this Agreement are subject and subordinate to the Easement. In addition, all rights granted to Licensee hereunder are subject to all existing and future rights of way, reservations, franchises, easements and permits with respect to all or any portion of the Licensed Premises,. regardless of who holds same, including County's right to use the Licensed Premises, or any portion thereof, for any purpose, and Licensee shall not interfere with such uses. 4. Grant of License Licensee now desires to obtain a license to use a portion of the Airport property identified as Pastures 6 and 7 on Exhibit "A" attached hereto and incorporated herein and made a part hereof, hereinafter referred to as the "Licensed Premises," for Livestock grazing. County, for good and valuable consideration, hereby grants to Licensee, and Licensee hereby accepts from County, a revocable, nonexclusive license ("License') to enter and use the Licensed Premises for the grazing of Livestock pursuant to the terms and conditions hereinafter set forth. S. County's Title Licensee hereby acknowledges County's fee title in and to the Licensed Premises and agrees never to assail or to resist said title. Licensee agrees that it has not acquired nor will it hereafter acquire any rights or interest in the Licensed Premises, nor does Licensee have nor will it obtain any right or claim to the use of the Licensed Premises beyond those specifically granted in this Agreement. 6. Term The term of this Agreement will commence on the Effective Date, and expire on September 30, 2010, unless the License granted hereunder is suspended or revoked as hereinafter set forth. 7. Condition of Licensed Premises Licensee acknowledges, agrees to, and hereby accepts the Licensed Premises in their "as is" condition, without representation or warranty of any kind, and subject to all applicable laws, statutes, ordinances, rules and regulations governing the use, occupancy, management, operation and possession of the Licensed Premises. Licensee agrees, upon termination of this Agreement, to surrender the Licensed Premises to County in the condition as directed by the Director of Airports, and to remove all of Licensee's Livestock and personal property from the Licensed Premises. Page 4 of 20 $. Use of Licensed Premises A. Permitted Use: The Licensed Premises are licensed to Licensee upon the express condition that Licensee shall use the Licensed Premises for grazing of Livestock owned by Licensee and for no other purposes without prior written consent from County, which may be withheld in County's sole discretion. Licensee represents and warrants that Licensee has conducted a thorough and diligent inspection and investigation of the Licensed Premises and the suitability of the Licensed Premises for Licensee's intended use. Licensee is fully aware of the needs of its grazing operations and has determined, based solely on its own inspection, that the Licensed Premises are suitable for Licensee's operations and intended use. Licensee shall conduct all operations on the Licensed Premises in a responsible, safe, professional, and environmentally conscious manner, and is responsible at all times for containment of the Livestock on the Licensed Premises. B. Satisfaction of RDM Requirements: Licensee shall conduct grazing operations on the Licensed Premises so that the RDM requirements specified herein are met. C. Land Management and Forage Utilization: Licensee shall distribute Livestock throughout the Licensed Premises in accordance with the Grazing Capacity established by County for each Pasture, as specified in Section 12, unless modified by County. Licensee shall maintain optimum distribution of Livestock by frequent herding, by strategic location of supplemental feeds, and by maintaining boundary and interior fencing and developed watering systems in good condition and repair. Licensee shall use the Licensed Premises in accordance with rangeland management practices specified by County, and with due regard to the conservation of the natural resources located thereon. D. Grazing Within Licensed Premises: Licensee shall at all times prevent Livestock from trespassing onto other lands owned or operated by County on which Licensee is not authorized to graze, into areas within the Licensed Premises excluded from the authorized grazing areas, or upon any adjacent, third-party lands, whether private or public. E. Supplemental Feeding: Licensee shall not conduct supplemental feeding of Livestock on the Licensed Premises to prolong grazing use in areas where the established forage utilization levels have been reached or exceeded. Licensee shall relocate supplemental feeding sites when such sites become sufficiently grazed, or at County's direction, so as to minimize the potential for damage to natural resources on the Licensed Premises caused by congregating Livestock. Licensee shall locate supplements only in under-utilized areas of the Licensed Premises, and at least 1000 feet away from water, whenever possible. In the event of unusual or emergency circumstances, such as drought or the loss of vegetation by wildfire, County may allow short-term supplemental feeding on the Licensed Premises until Licensee can make arrangements to remove Livestock from the Licensed Premises, which may require short-term confinement of Livestock to restricted locations on the Licensed Premises to minimize resource impacts. Page 5 of 20 F. Livestock Health: Licensee covenants and warrants that all Livestock on the Licensed Premises shall be in good health with appropriate vaccinations, including but not limited to specific vaccinations for Anthrax, according to good husbandry practice. Licensee shall develop a health program for preventing and curing general parasitic diseases, for maintaining healthy immune systems, and for minimizing diarrhea infections for Livestock on the Licensed Premises. G. Outbreak of Disease: Licensee shall immediately report to County, the Range Manager, the Contra Costa County Agricultural Commissioner ("Commissioner') and all other appropriate governmental agencies, any case of infectious disease appearing in the Livestock on the Licensed Premises. Licensee shall take all steps required and recommended to isolate all Livestock exhibiting symptoms of disease or that have been exposed to other Livestock exhibiting symptoms of disease, and to control and eliminate any such disease at Licensee's sole cost and expense. H. Disposal of Dead Livestock: Licensee shall immediately dispose of any deceased Livestock carcasses, at Licensee's sole cost and expense, in accordance with instructions provided by the Commissioner and other local authorities and in conformance with all applicable laws including, but not limited to, California Food and Agricultural Code Sections 9141, 9142, 19348. If Licensee fails to remove such deceased Livestock from the Licensed Premises within five (5) days after written notice from County requiring such removal, County may remove such Livestock. Licensee shall immediately reimburse County for all costs and expenses. incurred by County to remove the carcasses. Licensee shall inform County and the Range Manger when Livestock disposal is necessary and shall ensure that these regulations are followed. I. Removal or Use of Natural Resources: Licensee shall not cut down, destroy or remove, nor permit to be cut, destroyed or removed, any trees or shrubs, earth, soil, vegetation, artifacts, fossils or firewood, standing, growing or found on the Licensed Premises, without prior written authorization from County to commit such acts, except where such earth, soil or vegetation are in the form of landslides, downed trees, or shrubs which are creating an immediate hazard or substantial impediment to the routine operation of the rights herein granted. Licensee shall not hunt, fish or camp, or permit any hunting, fishing or camping, on the Licensed Premises, and shall at all times keep and maintain the Licensed Premises in a clean and sanitary condition to the satisfaction of County. J. Wildlife and Vegetation Control: Licensee shall not undertake any form of wildlife or vegetation control, such as the use of pesticides or rodenticides, without prior written approval from the Director of Airports, County and the State of California Department of Fish and Game. Any violation of this Section shall be considered a default under this Agreement. K. Compliance with Laws: Licensee shall not use, or permit the use of, the Licensed Premises for any illegal purpose. Licensee shall comply with all State, County and local laws, ordinances, rules and regulations concerning the Licensed Premises and the use thereof. Licensee shall not carry on or permit any nuisance on the Page 6 of 20 Licensed Premises, or allow any use of the Licensed Premises that is against public or County policy. L. Vehicular Traffic: Licensee shall keep all vehicular traffic on the Licensed Premises to an absolute minimum in order to protect the conservation values of the HML. Licensee shall limit all vehicular traffic to established pasture "roads" as specified by County, unless Licensee obtains County's prior written approval for vehicular traffic off established pasture "roads." M. Access to Licensed Premises: Licensee shall not allow access to the Licensed Premises to any person other than Licensee or Licensee's agents and employees, County, the Range Manager, and County's officers, agents and employees. 9. Nonrefundable Grazing License Fee A. Annual Fee: Each year during the term of this Agreement, Licensee shall pay to County an annual nonrefundable fee ("Fee') for grazing on the Licensed Premises. The Fee shall be payable in advance in equal semi-annual installments due on December 1 and June 1 of each year during the term of this Agreement. If any semi-annual installment covers a period of time less than six (6) months, the Fee shall be prorated at the rate of 1/12"' of the annual Fee for each full calendar month, and 1/30th of the monthly Fee for each day during any partial month, for the time period covered by the payment in question. B. Annual Fee Adjustments: On December 1, 2008, and on June 1, 2009, Licensee shall pay County the semi-annual installments of the first annual Fee. The amount of each installment due from Licensee is Three Hundred Eighty-One Dollars and No/100 ($381.00), for a total first annual Fee of Seven Hundred Sixty-Two Dollars and No/100 ($762.00). On December 1, 2009, the annual Fee will be increased by an amount equal to four percent (4%) of the annual Fee for the preceding year. Set forth below is an example of the schedule of adjustments to the annual Fee . during the term of this Agreement. Time Period Annual Fee First Installment Second Installment 12/1/08 - 11/30/09 $762.00 $381.00 due 12/1/08) $381.00 due 6/I/09)__ 12/1/09 - 11130/10 792.00 $396.00 due 12/1/09 396.00 due 6/1/10 C. No Deductions or Offsets: The Fee shall be payable, without prior demand and without any deduction, setoff or counterclaim whatsoever. Licensee shall pay the Fee when due, whether or not Licensee's Livestock have consumed all of the authorized AUMs, unless County has given prior written authorization for a reduced utilization of the authorized AUMs. D. Place for Payments: All payments shall be made payable to Contra Costa County at the offices of the Director of Airports, 550 Sally Ride Drive, Concord, CA 94520, or as County may designate from time to time. Page 7 of 20 10. Security Deposit Licensee is the successor in interest to the licensee under that certain livestock grazing license entered into between County and Gary and Delores Kuhn dated January 1, 1999. Therefore, the security deposit paid by the former licensee in the amount of One Thousand Dollars and NO/100 ($1,000.00) shall become the security deposit for this Agreement. This security deposit will act as security for the full performance by Licensee of the terms, conditions, and covenants of this Agreement. Upon revocation of the License granted hereunder or upon termination of this Agreement, County may use any portion of the security deposit as it deems to be necessary to remedy Licensee's defaults under any of the provisions of this Agreement, including, but not limited to, payment of any unpaid Fee due under Section 9 of this Agreement, repair of damage, removal of any of Licensee's equipment or debris which has been abandoned by Licensee, or to remedy any other default as determined by County, Upon expiration or termination of this Agreement, County will refund any remaining portion of the security deposit to Licensee, after deduction for all amounts described above. 11. Range Management Practices A. Range Manager: County may designate alternate Range Managers from time to time to oversee the HML and to ensure that Licensee complies with all requirements of this Agreement. County will provide Licensee with written notice if it designates a Range Manager and will thereafter provide Licensee with written notice of any changes in its designated Range Manager. B. Range Readiness: Prior to the beginning of each Grazing Season during the term of this Agreement, the Range Manager may inspect the Licensed Premises to assess whether adequate forage material is available to support grazing by Licensee's Livestock at the existing Grazing Capacity. In situations where, in the previous Grazing Season, forage utilization by Licensee's Livestock has caused the standing vegetation to fall below 400 pounds/acre, County will require that sufficient plant re-growth be established to provide adequate forage and soil protection before County will allow Licensee to resume grazing on the Licensed Premises. C. Assessment of Rainfall Patterns: The Range Manager may make an annual assessment of early rainfall patterns to determine whether precipitation appears average or significantly below or above average. In the event the rainfall patterns remain below average in any year, County may delay or reduce the length of that year's Grazing Season or reduce the Grazing Capacity to a level consistent with forage availability and other resource management considerations. D. Grazing Compliance Program: The Range Manager may conduct an ongoing grazing compliance program, which will include, without limitation, measuring grass height at various times throughout the Grazing Season, both to ensure Licensee's compliance with the RDM requirements set forth herein and to enable County to determine whether any modifications are needed to the Grazing Page 8 of 20 Capacity established for the Licensed Premises, the Grazing Season or the kinds or numbers of Livestock authorized to graze the Licensed Premises. 12. Grazing Capacity, Grazing Season and Authorized Livestock A. Initial Grazing Capacity: The authorized Grazing Capacity for the various pastures that comprise the Licensed Premises is set forth in the table below. Unless changed in the manner provided below, the Grazing Capacity shall remain the same throughout the term of this Agreement. PASTURE ACRES AUMS 6 65 76 7 62 75 B. Initial Grazing Season: Unless changed in the manner provided below, the authorized Grazing Season for the Licensed Premises is October 1 to September. 30 for each year during the term of this Agreement. C. Initial Authorized Livestock: The kinds of Livestock authorized to graze the Licensed Premises are steers, heifers, cows, calves and bulls. Unless changed in the manner provided below, the kinds of Livestock authorized to graze the Licensed Premises shall remain the same throughout the term of this Agreement. Licensee shall brand or mark its authorized Livestock and their offspring with Licensee's brand or mark. County may also require Licensee to identify its authorized Livestock with distinctive eartags to prevent or detect trespass by unauthorized Livestock. Licensee shall submit to the County and to the Range Manager a copy or copies of Licensee's Certificate(s) of brand. D. County as Sole Judge of Grazing Capacity, Grazing Season and Livestock: County shall be the sole judge as to the Grazing Capacity of the Licensed Premises and any Pasture thereof, the Grazing Season, and the kinds and number of Livestock authorized to graze the Licensed Premises. The determination of the County as to the Grazing Capacity, the Grazing Season and the authorized Livestock shall be binding and conclusive upon Licensee. In determining the Grazing Capacity, Grazing Season and authorized Livestock for the Licensed Premises, County may, at its option, give such consideration as it deems advisable to such factors as vegetation, wildlife, fisheries, soil, water, air, aesthetic and other resources, and to the compatibility of the Grazing Capacity, Grazing Season and authorized Livestock with the availability and conservation of such resources. E. Changes in Grazing Capacity and Grazing Season: The Range Manager may conduct regular assessments of the Licensed Premises to identify areas the County considers suitable for grazing and to estimate the forage production for the upcoming Grazing Season. RDM requirements, as identified below, will be subtracted from the estimated total amount of forage available on areas of the Licensed Premises suitable for grazing to determine how much forage is available for Licensee's Livestock to consume in an average, above average and below average rainfall year. County's determination of Grazing Capacity and Grazing Page 9 of 20 Season for the Licensed Premises will be based upon the estimated forage production in an average rainfall year, and may be changed by County, in its sole discretion. Licensee acknowledges that the forage production during an above average rainfall year could increase by as much as thirty-five percent (35%), and a below average rainfall year could result in substantially less forage available for consumption, both of which may result in a temporary change in the stocking levels for Licensee's Livestock. F. Relative Forage Requirements: The Range Manager may regulate the kind and number of Livestock on the Licensed Premises to make sure that the Grazing Capacity is met, but not exceeded, and that the RDM requirement set forth below is satisfied. County may at any time modify the kind and numbers of Livestock permitted to graze the Licensed Premises, if, in County's sole opinion, such changes are necessary for conservation of the Licensed Premises. In order to make this determination, the Range Manager may need to compute the rate of consumption of the authorized available forage by Licensee's Livestock. For the purpose of computing the consumption rate, the relative forage requirements of the various kinds of Livestock permitted to graze the Licensed Premises shall be deemed to be as follows, expressed as an animal unit conversion factor: Type of Livestock Animal Unit Conversion Factor Steer or heifer (6 months to 2 years of 0.65 AUM -age) Cow or cow and calf under 6 months of 1.00 AUM -age Bull 1.25 AUM As the types of Livestock change in age, the new factor shall be effective upon the date on which the change occurred. G. Notice of Change in Grazing Capacity, Grazing Season and Livestock: If County deems it necessary to modify the Grazing Capacity of the Licensed Premises, the length of the Grazing Season or the kinds or number of Livestock authorized to graze the Licensed Premises, County will provide written notice of any such change in Grazing Capacity, Grazing Season or Livestock to Licensee. Licensee shall have fifteen (15) days to comply with the written notice. Unless further changed by subsequent written notice, the Grazing Capacity, Grazing Season and authorized Livestock for any year during the term of this Agreement shall remain as last authorized by County. H. Changes in Grazing Capacity and Grazing Season by Mutual Consent: In any year during the term of this Agreement, County and Licensee may, by written mutual consent, modify the authorized Grazing Capacity and the length of the Grazing Season. Any such change shall remain in force and effect until the beginning of ,the next Grazing Season, unless sooner terminated or modified by further mutual agreement or by County in its sole discretion. I. Exceeding Grazing Capacity Without Authorization: Licensee shall limit the number of Livestock to be grazed upon the Licensed Premises in order to meet, but not Page 10 of 20 exceed, the authorized Grazing Capacity for the Licensed Premises. Should the Licensed Premises be grazed in excess of the authorized number of AUMs, Licensee shall immediately remove all or such number of Livestock as are necessary to comply with the Grazing Capacity authorized by County. 13. Residual Dry Matter Requirements A. Initial ROM Requirement: The minimum ROM requirement for the Licensed Premises is 400 pounds per acre. The height in inches of standing vegetation remaining on the ground is a general indication of ROM levels, and the ROM level required for the Licensed Premises will generally equate to approximately three (3) inches of standing vegetation. However, County will deem the ROM requirement met if the height of standing vegetation at the end of each Grazing Season is three (3) inches to six (6) inches. Unless changed in the manner provided below, the ROM requirement shall remain the same throughout the term of this Agreement. B. County to Monitor ROM Levels: The Range Manager may monitor the height of standing vegetation on a monthly basis, and may require Licensee to move Livestock to a different location on the Licensed Premises, or to increase or decrease the number of Livestock grazing the Licensed Premises to increase the likelihood that the annual ROM requirement will be met by the end of the Grazing Season. County will attempt to provide advance notice to Licensee before ROM levels reach 200 pounds/acre above the minimum ROM requirement to allow Licensee ample time to decrease herd size or remove Livestock. Whether or not Licensee receives such advance notice, Licensee shall immediately remove all Livestock from the Licensed Premises (or the affected Pasture thereof) if the RMD levels drop below 400 pounds/acre (approximately three (3) inches of standing vegetation), and shall not allow any further grazing of the affected areas until County determines that such areas have sufficiently recovered to allow continued grazing. C. Change in ROM Requirement: County may change the ROM requirement for the Licensed Premises from time to time throughout the term of this Agreement if County, in its sole discretion, deems it necessary to do so in order to promote soil stability, maintain plant productivity or diversity, enhance visual and recreational values, conserve wildlife habitat, promote biodiversity or reduce fire hazards. D. Notice of Change in ROM Requirement: County will provide written notice to Licensee of any change in the ROM requirement. Upon receipt of the notice, Licensee shall make any necessary adjustments to the number of Livestock grazing the Licensed Premises in order to meet the changed ROM requirement. 14.. Licensee Responsibilities for Rangeland Monitoring A. Rangeland Conditions: Licensee shall conduct measurements and visual estimates of a variety of rangeland condition indicators in coordination with County and the Range Manager to monitor the condition of Licensed Premises. Page 11 of 20 B. Height of Grasses: Licensee shall on a monthly basis estimate the height of grasses (in inches) for each Pasture(s) of the Licensed Premises from convenient locations, record the estimates, and report them to County and to the Range Manager in writing within two (2) weeks of the day the estimates were taken. A minimum of two (2) estimates shall be made in each Pasture. C. Record of Unusual Events: Licensee shall record descriptions of unplanned disturbing events (fires, new infestations of weeds, vandalism, etc.), including dates and locations, and show such events on a map. Licensee shall submit the descriptions and maps to County and to the Range Manager within two (2) weeks of the date recorded. For disturbing events that affect forage availability or containment of Livestock, Licensee shall notify County and the Range Manager immediately. D. Livestock Log: Licensee shall maintain a log of the number, type, weight and age of Livestock grazing in each Pasture, and report these numbers to County and to the Range Manager at the beginning and end of each Grazing Season, and on a monthly basis during each Grazing Season. 15. Required Licensee Notifications In addition to any notifications required under any other Section in this Agreement, Licensee shall provide the notifications set forth below. A. Placing Livestock on Licensed Premises: Licensee shall notify County and the Range Manager fifteen (15) days prior to the date Licensee intends to introduce Livestock to the Licensed Premises in order that County and the Range Manager can verify range readiness conditions as specified in Section 11 above. Licensee shall not introduce Livestock to the Licensed Premises until Licensee obtains written authorization from County to begin grazing the Licensed Premises. B. Livestock Roundup: Licensee shall provide seven (7) days advance notice to County and to the Range Manager before performing any major Livestock roundup, or activities involved in the movement of the Livestock on the Licensed Premises and/or use of the corral facilities. 16. Maintenance and Construction of Improvements Licensee shall maintain, repair and replace, if necessary, in good order and condition throughout the term hereof, all improvements related to Livestock grazing existing on the Licensed Premises as of the Effective Date, including, but not limited to, all fences, gates, corrals, . ditches, wells, windmills, pumps, and water troughs and roadways ("Improvements"). Licensee shall not construct or install any additional Improvements on the Licensed Premises without the prior written consent of County. Prior to the commencement of any maintenance, repair or replacement of any existing Improvements, or the construction or installation of any approved additional Improvements, Licensee shall give County and the Page 12 of 20 Range Manager ten (10) days written notice to enable County to post appropriate notices to avoid liability on account of such work. Licensee shall defend, indemnify, save, protect and hold harmless County, its officers, agents and employees, from all liens, claims, demands and liabilities arising out of any work performed, materials furnished or obligations incurred by Licensee upon the Licensed Premises during the term of this Agreement and agrees not to suffer any such lien or other lien to be created. This indemnification clause shall survive the termination or expiration of this Agreement. In the event Licensee shall fail to perform its obligations hereunder, County, in addition to all other remedies available hereunder or by law or in equity and without waiving any of said alternative remedies, may perform same, and Licensee agrees to repay County the cost thereof within five (5) calendar days after County's written request. Licensee hereby waives all rights to make repairs at the expense of County if provided for in any statute or law in effect at the time of execution of this Agreement or any amendment thereof or any other statute or law that may be hereafter enacted during the term of this Agreement. 17. Waste, Hazardous Materials Licensee, at its sole cost and expense, shall comply with all applicable laws, regulations, rules, and other requirements, with respect to the use of the Licensed Premises, regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon request of County. Licensee shall not commit, or suffer or permit the commission of any waste upon the Licensed Premises, or any nuisance or other act or thing that may disturb the quiet enjoyment of the use of the Airport or surrounding property. Licensee shall not, and shall ensure that no others shall, store or.dispose of any Hazardous Materials on the Licensed Premises. The term "Hazardous Materials" shall mean any hazardous or toxic substance, hazardous or radioactive material, hazardous waste, pollutant or contaminant at any concentration that is, or during the term of this Agreement becomes, regulated by any local or regional government authority having jurisdiction over the Licensed Premises, by the State of California, or by the United States. Licensee shall not permit any activity on the Licensed Premises that directly or indirectly produces unlawful amounts or levels of air pollution (gases, particulate matter, odors, fumes, smoke, or dust), water pollution, noise, glare, heat emissions, radioactivity, or trash or refuse accumulations, or vibration that is hazardous or dangerous by reason of risk of explosion, tire, or harmful emissions. 18. Default In the event of Licensee's breach of any of the covenants or conditions herein, County may revoke the License and remove all persons, Livestock and property from the Licensed Premises, upon five (5) days written notice to Licensee. Licensee defaults shall include, but shall not be limited to, failure to pay all fees when due, failure to carry Page 13 of 20 proper insurance, failure to maintain specified grass heights, failure to remove or dispose of dead Livestock as directed by the Commissioner, failure to properly maintain the Licensed Premises, failure to notify and obtain approval of County and the State Department of Fish and Game prior to any wildlife or vegetation control, and failure to comply with any other term and condition of this Agreement. 19. Entry and Inspection Licensee agrees that County, its agents, and employees may enter upon the Licensed Premises at any time to inspect, make any changes or alterations or repairs which County considers necessary for the protection, improvement or preservation thereof, or to post any notice provided for by law, or otherwise to protect any and all rights of County. Licensee shall not be entitled to any abatement of consideration by reason of the exercise by County of any such rights herein reserved. Nothing herein contained shall be construed to obligate County to make any changes, alterations or repairs to the Licensed Premises. 20. Suspension or Limitation of Use County shall have the right, in County's sole discretion, to suspend or to limit the use of the Licensed Premises by Licensee without compensation to Licensee, for a reasonable amount of time, as solely determined by County, for the protection of public safety or for the construction, installation, operation, maintenance, or repair of Airport facilities on or near the Licensed Premises or to rest a particular Pasture(s) to meet a conservation value. Should such suspension or limitation be necessary, County will provide Licensee fifteen (15) days prior written notice, except prior written notice will not be required in cases of emergency. 21. Revocable Use County may revoke the License granted hereunder at any time, for any reason or no reason, with or without cause, upon thirty (30) days written notice to Licensee. County may revoke this License at any time upon five (5) days written notice upon a breach of any term or condition of this Agreement. The installation or construction of any equipment or fixtures by Licensee pursuant to this Agreement shall not render this revocable license irrevocable, and shall not be deemed a conveyance of any property right to Licensee. In the event of revocation, Licensee shall have no right to, and shall not seek, reimbursement of any expenses of Licensee, or for any other purpose. 22. Security County shall have no obligation to provide security to the Licensed Premises. Licensee shall provide for the total security of the Licensed Premises, and shall provide, through the use of fences and gates, security against the unauthorized pedestrian and vehicular access onto and over any portion of the Licensed Premises. Page 14 of 20 23. Permits and Approvals Licensee shall be responsible for obtaining any permits or approvals from any agency having jurisdiction over the Licensed Premises. This Agreement does not constitute governmental approval by Contra Costa County of this use. 24. Indemnification Licensee shall indemnify, defend, save, protect and hold harmless County and its officers, agents and employees from any and all claims, costs, and liability for any damages, injury or death arising directly or indirectly from or connected with Licensee's use or occupancy of the Licensed Premises and shall reimburse County for any expenditures, including costs and attorneys' fees, County may make by reason of such matters and, if requested by County, will defend any such suits at the sole cost and expense of Licensee. Licensee hereby acknowledges that the presence of Livestock on a public road can create serious driving conditions for vehicles that can result in injuries and death to people and damage to property. Licensee hereby agrees to take all necessary precautions to ensure that Livestock do not enter onto any public road, including but not limited to Armstrong Road, Byron Hot Springs Road and North Bruns Road, from the Licensed Premises. Licensee hereby specifically accepts all liability and obligations related to the existence of Licensee's Livestock on any public road, induding, but not limited to, Armstrong Road, Byron Hot Springs Road and North Bruns Road, and shall hold County entirely harmless from any injuries, damages, or liabilities resulting from the presence of Licensee's Livestock thereon. This indemnification provision shall survive the termination or expiration of this Agreement. 25. Insurance Licensee shall, at no cost to County, obtain and maintain during the entire duration of this Agreement, the following insurance coverages: A. General Liabifity: Comprehensive General Liability insurance with minimum combined single-limit coverage of One Million and No/One Hundredths Dollars ($1,000,000.00) for all claims and losses due to bodily injury or death to any person, or damage to property, including loss of use thereof arising out of each accident or occurrence. B. Worker's Compensation: Worker's Compensation insurance that may be required by law. C. Certificates: Licensee shall name County and its officers, agents, and employees as additional insureds under all policies held for the Licensed Premises. All coverage shall provide for thirty (30) days written notice to County of cancellation or lapse in coverage. A Certificate of Insurance for each of the policies hereunder required, indicating the name and telephone number of the insurance agent most Page 15 of 20 responsible for the insurance policy and evidencing such coverage, shall be furnished to County prior to the Effective Date of this Agreement. 26. Notices All notices (including requests, demands, approvals or other communication) under this Agreement shall be in writing. A. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mail, postage paid, 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 is effective 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 to the recipient, notice shall be deemed delivered on the date personally served. B. The place for delivery of all notices given under this Agreement shall be as follows: County: Director of Airports Contra Costa County Airports 550 Sally Ride Drive Concord, CA 94520 Telephone (925) 646-5722 With Copies to County's Range Manager, as designated by County throughout the term of this Agreement. Licensee: Gary and Delores Kuhn 4378 Mt. House Rd. Byron, CA 94514 (209) 835-5949 27. County Provisions for Airport A. County reserves the right to further develop or improve the Airport as it sees fit, regardless of the desire or view of the Licensee and without interference or hindrance. B. County reserves the right, but shall not be obligated to Licensee, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of Page 16 of 20 the Airport, together with the right to direct and control all activities of Licensee in this regard. C. This Agreement shall be subordinate to the provisions and requirements of any existing or future agreement between the County and the United States, including but not limited to the Federal Aviation Administration, relative to the development, operation or maintenance of the Airport. D. There is hereby reserved to County; its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Licensed Premises. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, or taking off from, or operating on the Byron Airport. E. Licensee agrees to comply with the notification and review requirements covered by 14 CFR Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the Licensed Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Licensed Premises. F. Licensee shall not erect nor permit the erection of any structure or object, nor permit the growth of any tree on the Licensed Premises to exceed the established height contours. In the event the aforesaid covenants are breached, County reserves the right to enter upon the Licensed Premises and to remove the offending structure or object and/or cut the offending tree, all of which shall be at the sole cost and expense of the Licensee. G. Licensee shall not make use of the Licensed Premises in any manner that might interfere with the landing and taking off of aircraft from the Airport, or otherwise constitute a hazard. In the event the aforesaid covenant is breached, County reserves the right to enter upon the Licensed Premises, and cause the abatement of such interference at the sole cost and expense of Licensee. H. Nothing herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. § 1349A). I. This Agreement and all provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of said Airport or the exclusive or non-exclusive use of the Airport by the United States during the time of war or national emergency. In the event the United States Government acquires or takes over the Airport during a time of war or national emergency, the Fee shall be abated in proportion to that portion of the Licensed Premises unavailable for Licensee's use for the period of such acquisition or control by the United States Government. 1. County reserves the right to take any action it considers necessary to protect the aerial approaches to the Airport against obstruction, together with the right to Page 17 of 20 prevent Licensee from erecting or permitting to be erected any building or other structure on the Licensed Premises which, in the opinion of the County, would affect the usefulness of the Airport or constitute a hazard to aircraft. K. Nothing herein contained shall in any way affect the right of the County to use the Licensed Premises covered by this Agreement in the performance of anything pertaining to the operation of the Airport with full right of ingress and egress over the same; the County also reserves the right to perform any work on said Licensed Premises that the County may see fit without being liable to Licensee in any way for any damage which may be caused to any vegetation or other improvements Licensee may have made or placed upon said real property. 28. Assignment and Subletting No rights or interest of Licensee hereunder shall be transferred or assigned, nor shall the Licensed Premises or any portion thereof be sublet, nor shall Licensee permit the use of any part of the Licensed Premises by any third party or parties for any purpose, without the prior written consent of County, which may be withheld in County's sole discretion. 29. Non-Discrimination Licensee, as part of the consideration for the License, agrees that no person on grounds including, but not limited to, race, color, sex or national origin, shall be excluded from using, denied the benefits of, or be otherwise subjected to discrimination in the use of the Licensed Premises. In the event of any breach of this non-discrimination covenant, County shall have the right to terminate this Agreement without compensation to Licensee. 30. Navigational Aids County has the right at any time to install, at its sole expense, air navigational aids including lighting, in, on, over, under, and across the Licensed Premises. in the exercise of any of the rights hereof, County agrees to give Licensee no less than thirty (30) days' written notice of its intention to install such air navigational aids, and to coordinate such installation with Licensee; provided, however, that no such installation shall unreasonably interfere with Licensee's use. 31. Governing Law The laws of the State of California shall govern the interpretation and enforceability of this Agreement. The venue for any legal action between the parties pertaining to this Agreement shall be Contra Costa County, which courts shall have exclusive jurisdiction over such legal action. 32. Non-Waiver of Breaches County's failure to insist, in any one or more instances, upon strict performance of any of the terms or conditions of this License shall not be considered as a waiver of any subsequent breach as to the same or any other term or condition, but the same shall continue and remain in full force and effect. No waiver of any of the provisions of this Agreement shall be effective unless in writing and signed by County. Page 18 of 20 33. No Modification This Agreement shall not be modified or amended without the mutual written consent of both parties. 34. No Third-Party Beneficiaries Nothing in this Agreement, express or implied, is intended to confer on any person, other than County and Licensee, and their respective successors-in-interest, any rights or remedies under or by reason of this Agreement. 35. No Warranties County does not warrant or represent that the.Licensed Premises are safe, healthful or suitable for the purpose for which they are permitted to be used under the terms of this Agreement. Licensee hereby acknowledges and agrees that County, including without limitation its officers, employees and agents, has not made, and County hereby disclaims making, any representations or warranties, express or implied, concerning (i) the physical, geological or environmental condition of the Licensed Premises, (ii) the present or future capacity or suitability of the Licensed Premises for Livestock grazing, (iii) the feasibility, cost or legality of constructing any Improvements on the Licensed Premises if required for Licensee's use permitted under this Agreement, (iv) the condition of any fences, roads, gates or range Improvements, or (v) any other matter whatsoever relating to the Licensed Premises or its use, including, without limitation, any implied warranties of fitness for a particular purpose. 36. Severability If any term, covenant or provision of this Agreement, which does not materially affect the consideration for this Agreement, is held to be invalid, illegal or unenforceable in any respect, the validity of the remainder of this Agreement shall not be affected thereby. 37. Revocation of Prior Licenses Upon the Effective Date, that certain license agreement entered into between County and Gary and Delores Kuhn, (Licensee's predecessor in interest, which was effective January 1, 1999, for Pastures 6A and 6B, as shown on Exhibit "A" attached to that license agreement, are hereby immediately revoked. Notwithstanding anything to the contrary in that prior license agreement, in the event the Effective Date of this Agreement, and the revocation of the prior license agreement, occurs prior to the end of the month in which any fees under the prior license agreement have been paid, County shall retain those fees as payment for the use of the Licensed Premises during the partial month following the Effective Date. Page 19 of 20 38. Entire Agreement_ It is understood that this document (including the exhibits hereto), which is subject and subordinate to the Easement, contains the entire agreement between the parties hereto and all prior understandings or agreements, oral or written, of whatsoever .nature regarding the rights hereby granted are superseded by this Agreement and are hereby abrogated and nullified. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in duplicate, the day and year first above written. COUNTY: ' LICENSEE: CONTRA COSTA COUNTY GARY and DELORES KUHN i + / Keith Freitas Gary`Kuhn Director of Airports By Adl�fld) Recommended for Approval belores Kuhn By Date /0/�� Karen A. Laws (bate signed by Licensee) Principal Real Property Agent By Beth Lee Airport Business and Development Manager Approved as to form: Silvano B. Machesi County Counsel By Pamela Zaid Deputy County Counsel CP:sr Y:\GrpOata\RealProp\Cada�AirportkHML LICENSEkKuhn Grazing License w deletions 9.24-08.doc Page 20 of 20 qua"� 1 t� VJ f 1 0 ff UOJI.Q ' / P �P yr h' r . c P o-6`dUtsJ15W J 3 LICENSE AGREEMENT BETWEEN CONTRA COSTA COUNTY AND JACQUELINE G. STEWART FOR LIVESTOCK GRAZING BYRON AIRPORT TABLE OF CONTENTS 1. Effective Date ................................................................................................................ 3 2. Definition of Grazing Terms ............................................................................................ 3 3. Purpose.................................................................................................:....................... 3 4. Grant of License............................................................................................I................ 4 5. County's Title................................................................................................................. 4 6. Term............................................................................................................................. 4 7. Condition of Licensed Premises....................................................................................... 4 8. Use of Licensed Premises ............................................................................................... 5 9. Nonrefundable Grazing License Fee................................................................................. 7 10. Security Deposit.......................................................................................................... 8 11. Range Management Practices ...................................................................................... 8 12. Grazing Capacity, Grazing Season and Authorized Livestock........................................... 9 13. Residual Dry Matter Requirements ............................................................................. 11 14. Licensee Responsibilities for Rangeland Monitoring ..................................................... 11 15. Required Licensee Notifications.................................................................................. 12 16. Maintenance and Construction of Improvements......................................................... 12 17. Waste, Hazardous Materials....................................................................................... 13 18. Default..................................................................................................................... 13 19. Entry and Inspection ................................................................................................. 14 20. Suspension or Limitation of Use................................................................................. 14 21. Revocable Use .......................................................................................................... 14 22. Security.................................................................................................................... 14 23. Permits and Approvals............................................................................................... 14 24. Indemnification......................:................................................................................... 14 25. Insurance................................................................................................................. 15 26. Notices..................................................................................................................... 15 27. County Provisions for Airport...................................................................................... 16 28. Assignment and Subletting ........................................................................................ 17 29. Non-Discrimination.................................................................................................... 18 30. Navigational Aids....................................................................................................... 18 31. Governing Law........ .. ........ ........................................................................................ 18 32. Non-Waiver of Breaches............................................................... ......................... 18 33. No Modification......................................................................................................... 18 34. No Third-Party Beneficiaries....................................................................................... 18 35. No Warranties........................................................................................................... 18 36. Severability.................;............................................................................................. 19 37. Revocation of Prior Licenses .......................................:.............................................. 19 38. Entire Agreement...................................................................................................... 20 Page 2 of 20 THIS LICENSE AGREEMENT ("Agreement") is made and entered into on this day of , 2008, by and between the County of Contra Costa, a political subdivision of the State of California, hereinafter called "County" and Jacqueline G. Stewart hereinafter called "Licensee". Now, therefore, the parties hereby agree as follows: 1. Effective Date This Agreement is subject to approval by the County Board of Supervisors. This Agreement shall be effective on the date approved by the Board of Supervisors (the"Effective Date"). 2. befinition of Grazing Terms For purposes of this Agreement, the following terms shall have the following meanings: A. "Animal Unit Month" or "AUM" means the amount of forage required by one (1) animal unit for one (1) month. For purposes of this Agreement,the AUM for one (1) mature cow is deemed to be eight hundred (800) pounds of forage. B. "Grazing Capacity"means the level of livestock use allowed on the Licensed Premises consistent with forage production and resource conservation. The unit of measure of Grazing Capacity for this Agreement is the AUM. The initial Grazing Capacity for the Licensed Premises is set forth in Section 12 below. C. "Grazing Season" means the period of time during, each year of this Agreement during which Licensee's Livestock are permitted to graze the Licensed Premises, as determined by County from time to time. The initial Grazing Season for the Licensed Premises is set forth in Section 12 below. D. "Livestock" means steers, heifers, cows, calves and bulls. County may change the kinds of Livestock authorized to graze the Licensed Premises as provided in Section 12 of this Agreement. E. "Range Manager"means the individual designated by County to oversee the portion of the Habitat Management Land that is the subject of this Agreement. F. "Residual dry matter"or"RDM"means the amount of dry, herbaceous plant material, expressed in pounds per acre that must remain on the ground at the end of the Grazing Season during each year of this Agreement, as determined by County. 3. Purpose County is the owner and operator of a public airport located near Byron, California, and commonly known as the Byron Airport ("Airport'). Approximately 814 acres of the Airport property have been reserved as Habitat Management Land ("HML'I pursuant to a conservation easement granted by County to the State of California Department of Fish and Game ("Easement'). A true and correct copy of the Easement is on file with the Director of Airports at 550 Sally Ride Drive, Concord, California. Page 3 of 20 Under the Easement, the County is responsible for conserving and improving the HML for endangered and other special-status species. County has determined that Livestock grazing on the parcels of land identified in Section 4 below as the "Licensed Premises" will help County meet the conservation goals of the Easement. The purpose of this Agreement is to provide for the grazing of Livestock on the Licensed Premises for vegetation management in accordance with specifications outlined herein. Any and all rights granted or implied by this Agreement are subject and subordinate to the Easement. In addition, all rights granted to Licensee hereunder are subject to all existing and future rights of way, reservations, franchises, easements and permits with respect to all or any portion of the Licensed Premises, regardless of who holds same, including County's right to use the Licensed Premises, or any portion thereof, for any purpose, and Licensee shall not interfere with such uses. 4. Grant of License Licensee now desires to obtain a license to use a portion of the Airport property identified as Pasture 5 on Exhibit"A"attached hereto and incorporated herein and made a part hereof, hereinafter referred to as the"Licensed Premises,"for Livestock grazing. County, for good and valuable consideration, hereby grants to Licensee, and Licensee hereby accepts from County,a revocable, nonexclusive license("License')to enter and use the Licensed Premises for the grazing of Livestock pursuant to the terms and conditions hereinafter set forth. 5. County's Title Licensee hereby acknowledges County's fee title in and to the Licensed Premises and agrees never to assail or to resist said title. Licensee agrees that it has not acquired nor will it hereafter acquire any rights or interest in the Licensed Premises, nor does Licensee have nor will it obtain any right or claim to the use of the Licensed Premises beyond those specifically granted in this Agreement. 6. Term The term of this Agreement will commence on the Effective Date, and expire on September 30, 2010, unless the License granted hereunder is suspended or revoked as hereinafter set forth. 7. Condition of Licensed Premises Licensee acknowledges, agrees to, and hereby accepts the Licensed Premises in their"as is" condition,without representation or warranty of any kind,and subject to all applicable laws, statutes, ordinances, rules and regulations governing the use, occupancy, management, operation and possession of the Licensed Premises. Licensee agrees, upon termination of this Agreement,to surrender the Licensed Premises to County in the condition as directed by the Director of Airports, and to remove all of Licensee's Livestock and personal property from the Licensed Premises. Page 4 of 20 8. Use of Licensed Premises A. Permitted Use: The Licensed Premises are licensed to Licensee upon the express condition that Licensee shall use the Licensed Premises for grazing of Livestock owned by Licensee and for no other purposes without prior written consent from County, which may be withheld in County's sole discretion. Licensee represents and warrants that Licensee has conducted a thorough and diligent inspection and investigation of the Licensed Premises and the suitability of the Licensed Premises for Licensee's intended use. Licensee is fully aware of the needs of its grazing operations and has determined, based solely on its own inspection, that the Licensed Premises are suitable for Licensee's operations and intended use. Licensee shall conduct all operations on the Licensed Premises in a responsible, safe, professional, and environmentally conscious manner, and is responsible at all times for containment of the Livestock on the Licensed Premises. B. Satisfaction of RDM Requirements: Licensee shall conduct grazing operations on the Licensed Premises so that the RDM requirements specified herein are met. C. Land Management and Forage Utilization: Licensee shall distribute Livestock throughout the Licensed Premises in accordance with the Grazing Capacity established by County for each Pasture,as specified in Section 12,unless modified by County. Licensee shall maintain optimum distribution of Livestock by frequent herding, by strategic location of supplemental feeds, and by maintaining boundary and interior fencing and developed watering systems in good condition and repair. Licensee shall use the Licensed Premises in accordance with rangeland management. practices specified by County, and with due regard to the conservation of the natural resources located thereon. D. Grazing Within Licensed Premises: Licensee shall at all times prevent Livestock from trespassing onto other lands owned or operated by County on which Licensee is not authorized to graze, into areas within the Licensed Premises excluded from the authorized grazing areas, or upon any adjacent, third-party lands,whether private or public. E. Supplemental Feeding: Licensee shall not conduct supplemental feeding of Livestock on the Licensed Premises to prolong grazing use in areas where the established forage utilization levels have been reached or exceeded. Licensee shall relocate supplemental feeding sites when such sites become sufficiently grazed,or at County's direction, so as to minimize the potential for damage to natural resources on the Licensed Premises caused by congregating Livestock. Licensee shall locate supplements only in under-utilized areas of the Licensed Premises,and at least 1000 feet away from water, whenever possible. in the event of unusual or emergency circumstances, such as drought or the loss of vegetation by wildfire, County may allow short-term supplemental feeding on the Licensed Premises until Licensee can make arrangements to remove Livestock from the Licensed Premises, which may require short-term confinement of Livestock to restricted locations on the Licensed Premises to minimize resource impacts. Page 5 of M F. Livestock Health: Licensee covenants and warrants that all Livestock on the Licensed Premises shall be in good health with appropriate vaccinations, including but not limited to specific vaccinations for Anthrax, according to good husbandry practice. Licensee shall develop a health program for preventing and curing general parasitic diseases, for maintaining healthy immune systems, and for minimizing diarrhea infections for Livestock on the Licensed Premises. G. Outbreak of Disease: Licensee shall immediately report to County, the Range Manager, the Contra Costa County Agricultural Commissioner ("Commissioner')and all other appropriate governmental agencies,any case of infectious disease appearing in the Livestock on the Licensed Premises. Licensee shall take all steps required and recommended to isolate all Livestock exhibiting symptoms of disease or that have been exposed to other Livestock exhibiting symptoms of disease, and to control and eliminate any such disease at Licensee's sole cost and expense. H. Disposal of Dead Livestock: Licensee shall immediately dispose of any deceased Livestock carcasses, at Licensee's sole cost and expense, in accordance with instructions provided by the Commissioner and other local authorities and in conformance with all applicable laws including, but not limited to,California Food and Agricultural Code Sections 9141, 9142, 19348. If Licensee fails to remove such deceased Livestock from the Licensed Premises within five (5) days after written notice from County requiring such removal, County may remove such Livestock. Licensee shall immediately reimburse County for all costs and expenses incurred by County to remove the carcasses. Licensee shall inform County and the Range Manger when Livestock disposal is necessary and shall ensure that these regulations are followed. I. Removal or Use of Natural Resources: Licensee shall not cut down, destroy or remove, nor permit to be cut, destroyed or removed,any trees or shrubs, earth, soil, vegetation, artifacts, fossils or firewood, standing, growing or found on the Licensed Premises,without prior written authorization from County to commit such acts, except where such earth, soil or vegetation are in the form of landslides, downed trees, or shrubs which are creating an immediate hazard or substantial impediment to the routine operation of the rights herein granted. Licensee shall not hunt,fish or camp, or permit any hunting, fishing or camping, on the Licensed Premises, and shall at all times keep and maintain the Licensed Premises in a clean and sanitary condition to the satisfaction of County. 1. Wildlife and Vegetation Control: Licensee shall not undertake any form of wildlife or vegetation control, such as the use of pesticides or rodenticides,without prior written approval from the Director of Airports,County and the State of California Department of Fish and Game. Any violation of this Section shall be considered a default under this Agreement. K. Compliance with Laws: Licensee shall not use, or permit the use of, the Licensed Premises for any illegal purpose. Licensee shall comply with all State, County and local laws, ordinances, rules and regulations concerning the Licensed Premises and the use thereof. Licensee shall not carry on or permit any nuisance on the Licensed Page 6 of 20 Premises, or allow any use of the Licensed Premises that is against public or County policy. L. Vehicular Traffic: Licensee shall keep all vehicular traffic on the Licensed Premises to an absolute minimum in order to protect the conservation values of the HML. Licensee shall limit all vehicular traffic to established pasture"roads"as specified by County, unless Licensee obtains County's prior written approval for vehicular traffic off established pasture "roads." M. Access to Licensed Premises: Licensee shall not allow access to the Licensed Premises to any person other than Licensee or Licensee's agents and employees, County, the Range Manager, and County's officers, agents and employees. 9. Nonrefundable Grazing License Fee A. Annual Fee: Each year during the term of this Agreement, Licensee shall pay to County an annual nonrefundable fee ("Fee'l for grazing on the Licensed Premises. The Fee shall be payable in advance in equal semi-annual installments due on December 1 and June 1 of each year during the term of this Agreement. If any semi- annual installment covers a period of time less than six (6) months, the Fee shall be prorated at-the rate of 1/12"' of the annual Fee for each full calendar month, and 1/30th of the monthly Fee for each day during any partial month, for the time period covered by the payment in question. B. Annual Fee Adjustments: On December 1, 2008,and on June 1, 2009, Licensee shall pay County the semi-annual installments of the first annual Fee. The amount of each installment due from Licensee is Three Hundred Sixty-Six and No/100 Dollars ($366.00), for a total first annual Fee of Seven Hundred ThirtyTwo and No/100 Dollars ($732.00). On December 1, 2009, the annual Fee will be increased by an amount equal to four percent (4%) of the annual Fee for the preceding year. Set forth below is an example of the schedule of adjustments to the annual Fee during the term of this Agreement. Time Period Annual Fee First Installment Second Installment 1211/08 - 11/30/09 $732.00 $366.00 due 12/1/08 366.00 due 6/1/09) 1211/09 - 11/30/10 $762.00 $381.00 due 12/1/09) 1 $381.00 due 6/1/10 C. Deductions or Offsets: The Fee shall be payable, without prior demand and without any deduction, setoff or counterclaim whatsoever. Licensee shall pay the Fee when due,whether or not Licensee's Livestock have consumed all of the authorized AUMs, unless County has given prior written authorization for a reduced utilization of the authorized AVMs. D. Place for Payments: All payments shall be made.payable to Contra Costa County at the offices of the Director of Airports, 550 Sally Ride Drive, Concord, CA 94520, or as County may designate from time to time. Page 7 of 20 10. Security Deposit Licensee is the successor in interest to the licensee under that certain livestock grazing license entered into between County and Jacqueline G. Stewart and Thomas E. Stewart, dated January 1, 1995. Therefore, the security deposit paid by the former licensee in the amount of Seven Hundred Fifty and No/100 Dollars ($750.00) shall become the security deposit for this Agreement.This security deposit will act as security for the full performance by Licensee of the terms, conditions, and covenants of this Agreement. Upon revocation of the License granted hereunder or upon termination of this Agreement, County may use any portion of the security deposit as it deems to be necessary to remedy Licensee's defaults under any of the provisions of this Agreement, including, but not limited to, payment of any unpaid Fee due under Section 9 of this Agreement, repair of damage, removal of any of Licensee's equipment or debris which has been abandoned by Licensee,or to remedy any other default as determined by County. Upon expiration or termination of this Agreement, County will refund any remaining portion of the security deposit to Licensee, after deduction for all amounts described above. 11. Range Management Practices A. Range Manager: County may designate alternate Range Managers from time to time to oversee the HML and to ensure that Licensee complies with all requirements of this Agreement. County will provide Licensee with written notice if it designates a Range Manager and will thereafter provide Licensee with written notice of any changes in its designated Range Manager. B. Range Readiness: Prior to the beginning of each Grazing Season during the term of this Agreement, the Range Manager may inspect the Licensed Premises to assess whether adequate forage material is available to support grazing by Licensee's Livestock at the existing Grazing Capacity. In situations where, in the previous Grazing Season, forage utilization by Licensee's Livestock has caused the standing vegetation to fall below 400 pounds/acre, County will require that sufficient plant re- growth be established to provide adequate forage and soil protection before County will allow Licensee to resume grazing on the Licensed Premises. C. Assessment of Rainfall Patterns: The Range Manager may make an annual .assessment of early rainfall patterns to determine whether precipitation appears average or significantly below or above average. In the event the rainfall patterns remain below average in any year, County may delay or reduce the length of that year's Grazing Season or reduce the Grazing Capacity to a level consistent with forage availability and other resource management considerations. D. Grazing Compliance Program: The Range Manager may conduct an ongoing grazing compliance program, which will include,without limitation,measuring grass height at various times throughout the Grazing Season, both to ensure Licensee's compliance with the RDM requirements set forth herein and to enable County to determine whether any modifications are needed to the Grazing Capacity established for the Licensed Premises, the Grazing Season or the kinds or numbers of Livestock authorized to graze the Licensed Premises. Page 8 of 20 12. Grazing Capacity, Grazing Season and Authorized Livestock A. Initial Grazing Capacity: The authorized Grazing Capacity for the various pastures that comprise the Licensed Premises is set forth in the table below. Unless changed in the manner provided below, the Grazing Capacity shall remain the same throughout the term of this Agreement. Pasture 5 Acres 122 232 AUMs Total Acres 122 Total Authorized AUMS: 232 B. Initial Grazing Season: Unless changed in the manner provided below,the authorized Grazing Season for the Licensed Premises is October 1 to September 30 for each year during the term of this Agreement. C. Initial Authorized Livestock: The kinds of Livestock authorized to graze the Licensed Premises are steers, heifers, cows, calves and bulls. Unless changed in the manner provided below, the kinds of Livestock authorized to graze the Licensed Premises shall remain the same throughout the term of this Agreement. Licensee shall brand or mark its authorized Livestock and their offspring with Licensee's brand or mark. County may also require Licensee to identify its authorized Livestock with distinctive eartags to prevent or detect trespass by unauthorized Livestock. Licensee shall submit to the County and to the Range Manager a copy or copies of Licensee's Certificate(s) of brand. D. County as Sole Judge of Grazing Capacity, Grazing Season and Livestock: County shall be the sole judge as to the Grazing Capacity of the Licensed Premises and any Pasture thereof, the Grazing Season, and the kinds and number of Livestock authorized to graze the Licensed Premises. The determination of the County as to the Grazing Capacity, the Grazing Season and the authorized Livestock shall be binding and conclusive upon Licensee. In determining the Grazing Capacity, Grazing Season and authorized Livestock for the Licensed Premises,County may, at its option, give such consideration as it deems advisable to such factors as vegetation,wildlife, fisheries, soil, water, air, aesthetic and other resources, and to the compatibility of the Grazing Capacity, Grazing Season and authorized Livestock with the availability and conservation of such resources. E. Changes in Grazing Capacity and Grazing Season: The Range Manager may conduct regular assessments of the Licensed Premises to identify areas the County considers suitable for grazing and to estimate the forage production for the upcoming Grazing Season. RDM requirements, as identified below, will be subtracted from the estimated total amount of forage available on areas of the Licensed Premises suitable for grazing to determine how much forage is available for Licensee's Livestock to consume in an average, above average and below average rainfall year. County's determination of Grazing Capacity and Grazing Season for the Licensed Premises will be based upon the estimated forage production in an average rainfall year, and may be changed by County, in its sole discretion. Licensee acknowledges that the forage production during an above average rainfall year could increase by as much as thirty- five percent(35%),and a below average rainfall year could result in substantially less Page 9 of 20 forage available for consumption, both of which may result in a temporary change in the stocking levels for Licensee's Livestock. F. Relative Forage Requirements: The Range Manager may regulate the kind and number of Livestock on the Licensed Premises to make sure that the Grazing Capacity is met, but not exceeded, and that the RDM requirement set forth below is satisfied. County may at any time modify the kind and number of Livestock permitted to graze the Licensed Premises, if, in County's sole opinion, such changes are necessary for conservation of the Licensed Premises. In order to make this determination, the Range Manager may need to compute the rate of consumption of the authorized available forage by Licensee's Livestock. For the purpose of computing the consumption rate, the relative forage requirements of the various kinds of Livestock permitted to graze the Licensed Premises shall be deemed to be as follows, expressed as an animal unit conversion factor: Type of Livestock Animal Unit Conversion Factor Steer or heifer 6 months to 2 years of age) 0.65 AUM Cow or cow and calf under 6 months of age 1.00 AUM Bull 1.25 AUM As the types of Livestock change in age, the new factor shall be effective upon the date on which the change occurred. G. Notice of Change in Grazing Capacity,Grazing Season and Livestock: If County deems it necessary to modify the Grazing Capacity of the Licensed Premises, the length of the Grazing Season or the kinds or number of Livestock authorized to graze the Licensed Premises, County will provide written notice of any such change in Grazing Capacity, Grazing Season or Livestock to Licensee. Licensee shall have fifteen (15) days to comply with the written notice. Unless further changed by subsequent written notice, the Grazing Capacity, Grazing.Season and authorized Livestock for any year during the term of this Agreement shall remain as last authorized by County. H. Changes in Grazing Capacity and Grazing Season by Mutual Consent: In any year during the term of this Agreement, County and Licensee may, by written mutual consent, modify the authorized Grazing Capacity and the length of the Grazing Season. Any such change shall remain in force and effect until the beginning of the next Grazing Season, unless sooner terminated or modified by further mutual agreement or by County in its sole discretion. I. Exceeding Grazing Capacity Without Authorization: Licensee shall limit the number of Livestock to be grazed upon the Licensed Premises in order to meet, but not exceed, the authorized Grazing Capacity for the Licensed Premises. Should the Licensed Premises be grazed in excess of the authorized number of AUMs, Licensee shall immediately remove all or such number of Livestock as are necessary to comply with the Grazing Capacity authorized by County. Page 10 of 20 13. Residual Dry Matter Requirements A. Initial RDM Requirement: The minimum RDM requirement for the Licensed Premises is 400 pounds per acre. The height in inches of standing vegetation remaining on the ground is a general indication of RDM levels, and the RDM level required for the Licensed Premises will generally equate to approximately three(3)inches of standing vegetation. However, County will deem the RDM requirement met if the height of standing vegetation at the end of each Grazing Season is three (3) inches to six (6) inches. Unless changed in the manner provided below, the RDM requirement shall remain the same throughout the term of this Agreement. B. County to Monitor RDM Levels: The Range Manager may monitor the height of standing vegetation on a monthly basis,and may require Licensee to move Livestock to a different location on the Licensed Premises, or to increase or decrease the number of Livestock grazing the Licensed Premises to increase the likelihood that the annual RDM requirement will be met by the end of the Grazing Season. County will attempt to provide advance notice to Licensee before RDM levels reach 200 pounds/acre above the minimum RDM requirement to allow Licensee ample time to decrease herd size or remove Livestock. Whether or not Licensee receives such advance notice, Licensee shall immediately remove all Livestock from the Licensed Premises (or the affected Pasture thereof) if the RMD levels drop below 400 pounds/acre (approximately three (3) inches of standing vegetation), and shall not allow any further grazing of the affected areas until County determines that such areas have sufficiently recovered to allow continued grazing. C. Change in RDM Requirement: County may change the RDM requirement for the Licensed Premises from time to time throughout the term of this Agreement if County, in its sole discretion, deems it necessary to do so in order to promote soil stability, maintain plant productivity or diversity, enhance visual and recreational values, conserve wildlife habitat, promote biodiversity or reduce fire hazards. D. Notice of Change in RDM Requirement: County will provide written notice to Licensee of any change in the RDM requirement. Upon receipt of the notice, Licensee shall make any necessary adjustments to the number of Livestock grazing the Licensed Premises in order to meet the changed RDM requirement. 14. Licensee Responsibilities for Rangeland Monitoring A. Rangeland Conditions: Licensee shall conduct measurements and visual estimates of a variety of rangeland condition indicators in coordination with County and the Range Manager to monitor the condition of Licensed Premises. B. Height of Grasses: Licensee shall on a monthly basis estimate the height of grasses (in inches) for each Pasture(s) of the Licensed Premises from convenient locations, record the estimates, and report them to County and to the Range Manager in writing within two (2) weeks of the day the estimates were taken. A minimum of two (2) estimates shall be made in each Pasture. Page 11 of 20 C. Record of Unusual Events: Licensee shall record descriptions of unplanned disturbing events (fires, new infestations of weeds, vandalism, etc.), including dates and locations, and show such events on a map. Licensee shall submit the descriptions and maps to County and to the Range Manager within two (2) weeks of the date recorded. For disturbing events that affect forage availability or containment of Livestock, Licensee shall notify County and the Range Manager immediately. D. Livestock Log: Licensee shall maintain a log of the number, type, weight and age of Livestock grazing in each Pasture, and report these numbers to County and to the Range Manager at the beginning and end of each Grazing Season, and on a monthly basis during each Grazing Season. 15. Required Licensee Notifications In addition to any notifications required under any other Section in this Agreement, Licensee shall provide the notifications set forth below. A. Placid Livestock on Licensed Premises: Licensee shall notify County and the Range Manager fifteen (15)days prior to the date Licensee intends to introduce Livestock to the Licensed Premises in order that County and the Range Manager can verify range readiness conditions as specified in Section 11 above. Licensee shall not introduce Livestock to the Licensed Premises until Licensee obtains written authorization from County to begin grazing the Licensed Premises. B. Livestock Roundup: Licensee shall provide seven (7) days advance notice to County and to the Range Manager before performing any major Livestock roundup, or activities involved in the movement of the Livestock on the Licensed Premises and/or use of the corral facilities. 16. Maintenance and Construction of Improvements Licensee shall maintain, repair and replace, if necessary, in good order and condition throughout the term hereof, all improvements related to Livestock grazing existing on the Licensed Premises as of the Effective Date, including, but not limited to, all fences, gates, corrals, ditches, wells, windmills, pumps, and water troughs and roadways ("Improvements"). Licensee shall not construct or install any additional Improvements on the Licensed Premises without the prior written consent of County. Prior to the commencement of any maintenance, repair or replacement of any existing Improvements, or the construction or installation of any approved additional Improvements, Licensee shall give County and the Range Manager ten (10)days written notice to enable County to post appropriate notices to avoid liability on account of such work. Licensee shall defend, indemnify, save, protect and hold harmless County, its officers, agents and employees, from all liens, claims, demands and liabilities arising out of any work performed, materials furnished or obligations incurred by Licensee upon the Licensed Premises during the term of this Agreement and agrees not to suffer any such lien or other Page 12 of 20 lien to be created. This indemnification clause shall survive the termination or expiration of this Agreement. In the event Licensee shall fail to perform its obligations hereunder, County, in addition to all other remedies available hereunder or by law or in equity and without waiving any of said . alternative remedies, may perform same, and Licensee agrees to repay County the cost thereof within five(5)calendar days after County's written request. Licensee hereby waives all rights to make repairs at the expense of County if provided for in any statute or law in effect at the time of execution of this Agreement or any amendment thereof or any other statute or law that may be hereafter enacted during the term of this Agreement. 17. Waste, Hazardous Materials Licensee, at its sole cost and expense, shall comply with all applicable laws, regulations, rules, and other requirements, with respect to the use of the Licensed Premises, regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon request of County. Licensee shall not commit, or suffer or permit the commission of any waste upon the Licensed Premises, or any nuisance or other act or thing that may disturb the quiet enjoyment of the use of the Airport or surrounding property. Licensee shall not, and shall ensure that no others shall, store or dispose of any Hazardous Materials on the Licensed Premises. The term "Hazardous Materials" shall mean any hazardous or toxic substance, hazardous or radioactive material, hazardous waste, pollutant or contaminant at any concentration that is, or during the term of this Agreement becomes, regulated by any local or regional government authority having jurisdiction over the Licensed Premises, by the State of California, or by the United States. Licensee shall not permit any activity on the Licensed Premises that directly or indirectly produces unlawful amounts or levels of air pollution (gases, particulate matter,odors,fumes, smoke, or dust), water pollution, noise, glare, heat emissions, radioactivity, or trash or refuse accumulations, or vibration that is hazardous or dangerous by reason of risk of explosion, fire, or harmful emissions. 18. Default In the event of Licensee's breach of any of the covenants or conditions herein, County may revoke the License and remove all. persons, Livestock and property from the Licensed Premises, upon five (5) days written notice to Licensee. Licensee defaults shall include, but shall not be limited to, failure to pay all fees when due, failure to carry proper insurance, failure to maintain specified grass heights, failure to remove or dispose of dead Livestock as directed by the Commissioner, failure to properly maintain the Licensed Premises, failure to notify and obtain approval of County and the State Department of Fish and Game prior to any wildlife or vegetation control, and failure to comply with any other term and condition of this Agreement. Page 13 of 20 19. Entry and Inspection Licensee agrees that County, its agents, and employees may enter upon the Licensed Premises at any time to inspect, make any changes or alterations or repairs which County considers necessary for the protection, improvement or preservation thereof, or to post any notice provided for by law, or otherwise to protect any and all rights of County. Licensee shall not be entitled to any abatement of consideration by reason of the exercise by County of any such rights herein reserved. Nothing herein contained shall be construed to obligate County to make any changes, alterations or repairs to the Licensed Premises. 20. Suspension or Limitation of Use County shall have the right, in County's sole discretion, to suspend or to limit the use of the Licensed Premises by Licensee without compensation to Licensee,for a reasonable amount of time, as solely determined by County, for the protection of public safety or for the construction,installation,operation, maintenance,or repair of Airport facilities on or near the Licensed Premises or to rest a particular Pasture(s) to meet a conservation value. Should such suspension or limitation be necessary, County will provide Licensee fifteen (15) days prior written notice, except prior written notice will not be required in cases of emergency. 21. Revocable Use County may revoke the License granted hereunder at any time,for any reason or no reason, with-or without cause, upon thirty(30) days written notice to Licensee. County may revoke this License at any time upon five (5) days written notice upon a breach of any term or condition of this Agreement. The installation or construction of any equipment or fixtures by Licensee pursuant to this Agreement shall not render this revocable license irrevocable,and shall not be deemed a conveyance of any property right to Licensee. In the event of revocation, Licensee shall have no right to, and shall not seek, reimbursement of any expenses of Licensee, or for any other purpose. 22. Security County shall have no obligation to provide security to the Licensed Premises. Licensee shall provide for the total security of the Licensed Premises, and shall provide,through the use of fences and gates, security against the unauthorized pedestrian and vehicular access onto and over any portion of the Licensed Premises. 23. Permits and Approvals Licensee shall be responsible for obtaining any permits or approvals from any agency having jurisdiction over the Licensed Premises. This Agreement does not constitute governmental approval by Contra Costa County of this use. 24. Indemnification Licensee shall indemnify, defend, save, protect and hold harmless County and its officers, agents and employees from any and all claims, costs, and liability for any damages,injury or death arising directly or indirectly from or connected with Licensee's use or occupancy of the Page 14 of 20 Licensed Premises and shall reimburse County for any expenditures, including costs and attorneys' fees, County may make by reason of such matters and, if requested by County, will defend any such suits at the sole cost and expense of Licensee. Licensee hereby acknowledges that the presence of Livestock on a public road can create serious driving conditions for vehicles that can result in injuries and death to people and damage to property. Licensee hereby agrees to take all necessary precautions to ensure that Livestock do not enter onto any public road, including but not limited to Armstrong Road, Byron Hot Springs Road and North Bruns Road,from the Licensed Premises. Licensee hereby specifically accepts all liability and obligations related to the existence of Licensee's Livestock on any public road, including, but not limited to, Armstrong Road, Byron Hot Springs Road and North Bruns Road, and shall hold County entirely harmless from any injuries, damages, or liabilities resulting from the presence of Licensee's Livestock thereon. This indemnification provision shall survive the termination or expiration of this Agreement. 25. Insurance Licensee shall, at no cost to County, obtain and maintain during the entire duration of this Agreement, the following insurance coverages: A. General Liability: Comprehensive General liability insurance with minimum combined single-limit coverage of One Million and No/One Hundredths Dollars($1,000,000.00) for all claims and losses due to bodily injury or death to any person, or damage to property, including loss of use thereof arising out of each accident or occurrence. B. Worker's Compensation: Worker's Compensation insurance that may be required by law. C. Certificates: Licensee shall name County and its officers, agents, and employees as additional insureds under all policies held for the Licensed Premises. All coverage shall provide for thirty (30) days written notice to County of cancellation or lapse in coverage. A Certificate of Insurance for each of the policies hereunder required, indicating the name and telephone number of the insurance agent most responsible for the insurance policy and evidencing such coverage, shall be furnished to County prior to the Effective Date of this Agreement. 26. Notices All notices (including requests, demands, approvals or other communication) under this Agreement shall be in writing. A. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mail, postage paid, 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 is effective on receipt if delivery is confirmed by a return receipt. Page 15 of 20 (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 to the recipient, notice shall be deemed delivered on the date personally served. B. The place for delivery of all notices given under this Agreement shall be as follows: County: Director of Airports Contra Costa County Airports 550 Sally Ride Drive Concord, CA 94520 Telephone (925) 646-5722 With Copies to County's Range Manager, as designated by County throughout the term of this Agreement. Licensee: Jacqueline G. Stewart P.O: Box 19 Clayton, CA 94517 (925) 672-7150 Home (925) 672-6441 Facsimile (925) 899-9589 Cell 27. County Provisions for Airport A. County reserves the right to further develop or improve the Airport as it sees fit, regardless of the desire or view of the Licensee and without interference or hindrance. B. County reserves the right, but shall not be obligated to Licensee, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of Licensee in this regard. C. This Agreement shall be subordinate to the provisions and requirements of any existing or future agreement between the County and the United States, including but not limited to the Federal Aviation Administration, relative to the development, operation or maintenance of the Airport. D. There is hereby reserved to County, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Licensed Premises. This public right of Flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, or taking off from, or operating on the Byron Airport. E. Licensee agrees to comply with the notification and review requirements covered by 14 CFR Part 77 of the Federal Aviation Regulations in the event future construction Page 16 of 20 of a building is planned for the Licensed Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Licensed Premises. F. Licensee shall not erect nor permit the erection of any structure or object, nor permit the growth of any tree on the Licensed Premises to exceed the established height contours. In the event the aforesaid covenants are breached, County reserves the right to enter upon the Licensed Premises and to remove the offending structure or object and%or cut the offending tree, all of which shall be at the sole cost and expense of the Licensee. G. Licensee shall not make use of the Licensed Premises in any manner that might interfere with the landing and taking off of aircraft from the Airport, or otherwise constitute a hazard. In the event the aforesaid covenant is breached, County reserves the right to enter upon the Licensed Premises, and cause the abatement of such interference at the sole cost and expense of Licensee. H. Nothing herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. § 1349A). I. This Agreement and all provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of said Airport or the exclusive or non- exclusive use of the Airport by the United States during the time of war or national emergency. In the event the United States Government acquires or takes over the Airport during a time of war or national emergency, the Fee shall be abated in proportion to that portion of the Licensed Premises unavailable for Licensee's use for the period of such acquisition or control by the United States Government. 3. County reserves the right to take any action it considers necessary to protect the aerial approaches to the Airport against obstruction, together with the right to prevent Licensee from erecting or permitting to be erected any building or other structure on the Licensed Premises which, in the opinion of the County, would affect the usefulness of the Airport or constitute a hazard to aircraft. K. Nothing herein contained shall in any way affect the right of the County to use the Licensed Premises covered by this Agreement in the performance of anything pertaining to the operation of the Airport with full right of ingress and egress over the same; the County also reserves the right to perform any work on said Licensed Premises that the County may see fit without being liable to Licensee in any way for any damage which may be caused to any vegetation or other improvements Licensee may have made or placed upon said real property. 28. Assignment and Subletting No rights or interest of Licensee hereunder shall be transferred or assigned, nor shall the Licensed Premises or any portion thereof be sublet, nor shall Licensee permit the use of any part of the Licensed Premises by any third party or parties for any purpose,without the prior written consent of County, which may be withheld in County's sole discretion. Page 17 of 20 29. Non-Discrimination Licensee, as part of the consideration for the License, agrees that no person on grounds including, but not limited to, race, color, sex or national origin, shall be excluded from using, denied the benefits of, or be otherwise subjected to discrimination in the use of the Licensed Premises. In the event of any breach of this non-discrimination covenant, County shall have the right to terminate this Agreement without compensation to Licensee. 30. Navigational Aids County has the right at any time to install,at its sole expense, air navigational aids including lighting, in, on,over, under, and across the Licensed Premises. In the exercise of any of the rights hereof,County agrees to give Licensee no less than thirty (30)days'written notice of its intention to install such air navigational aids, and to coordinate such installation with Licensee; provided, however, that no such installation shall unreasonably interfere with Licensee's use. 31. Governing Law The laws of the State of California shall govern the interpretation and enforceability of this Agreement.The venue for any legal action between the parties pertaining to this Agreement shall be Contra Costa County, which courts shall have exclusive jurisdiction over such legal action. 32. Non-Waiver of Breaches County's failure to insist, in any one or more instances, upon strict performance of any of the terms or conditions of this License shall not be considered as a waiver of any subsequent breach as to the same or any other term or condition, but the same shall continue and remain in full force and effect. No waiver of any of the provisions of this Agreement shall be effective unless in writing and signed by County. 33. No Modification This Agreement shall not be modified or amended without the mutual written consent of both parties. 34. No Third-Party Beneficiaries Nothing in this Agreement, express or implied, is intended to confer on any person, other than County and Licensee,and their respective successors-in-interest, any rights or remedies under or by reason of this Agreement. 35. No Warranties County does not warrant or represent that the Licensed Premises are safe, healthful or suitable for the purpose for which they are permitted to be used under the terms of this Agreement. Licensee hereby acknowledges and agrees that County, including without limitation its officers, employees and agents, has not made,.and County hereby disclaims making, any representations or warranties, express or implied, concerning (i) the physical, geological or environmental condition of the Licensed Premises, (il) the present or future capacity or suitability of the Licensed Premises for Livestock grazing,(iii)the feasibility, cost Page 18 of 20 or legality of constructing any Improvements on the Licensed Premises if required for Licensee's use permitted under this Agreement, (iv)the condition of any fences, roads, gates or range Improvements, or (v) any other matter whatsoever relating to the Licensed Premises or its use, including, without limitation, any implied warranties of fitness for a particular purpose. 36. Severability If any term, covenant or provision of this Agreement, which does not materially affect the consideration for this Agreement, is held to be invalid, illegal or unenforceable in any respect, the validity of the remainder of this Agreement shall not be affected thereby. 37. Revocation of Prior Licenses Upon the Effective Date, that (or those) certain license agreement entered into between County and Jacqueline G. Stewart and Thomas E. Stewart, (Licensee's predecessor in interest, which was (or were) effective January 1, 1995, for Pasture 5, as shown on Exhibit "A" attached to that license agreement, is hereby immediately revoked. Notwithstanding anything to the contrary in that prior license agreement, in the event the Effective Date of this Agreement, and the revocation of the prior license agreement,occurs prior to the end of the month in which any fees under the prior license agreement have been paid,County shall retain those fees as payment for the use of the Licensed Premises during the partial month following the Effective Date. Page 19 of 20 38. Entire Agreement It is understood that this document (including the exhibits hereto), which is subject and subordinate to the Easement, contains the entire agreement between the parties hereto and all prior understandings or agreements, oral or written, of whatsoever nature regarding the rights hereby granted are superseded by this Agreement and are hereby abrogated and nullified. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in duplicate,the day and year first above written. COUNTY: LICENSEE: CONTRA COSTA COUNTY JAC UELIN By BEWART Y Keith Freitas Jacqueline G. Stewart Director of Airports / O _ i o o y Date Recommended for Approval (Date signed by Licensee) By Karen A. Laws Principal Real Property Agent By Beth Lee Airport Business and Development Manager Approved as to form: Silvano B. Machesi County Counsel By Pamela Zaid Deputy County Counsel CP:sr Y:\GrpDa(a\RealProp\Carla\Alrport\HML LICENSE\Stewart Grazing License w deletions 9-24.08.doc Page 20 of 20 1 LICENSE AGREEMENT BETWEEN CONTRA COSTA COUNTY AND JOSEPH C. and PATRICIA A. BORGES FOR LIVESTOCK GRAZING BYRON AIRPORT TABLE OF CONTENTS 1. Effective Date.............................................................................................................. 3 2. Definition of Grazing Terms.......................................................................................... 3 3. Purpose ...................................................................................................................... 3 4. Grant of License..........................................................................................................4 5. County's Title .............................................................................................................. 4 6. Term .......................................................................................................................... 4 7. Condition of Licensed Premises.................................. .............................................. 4 8. Use of Licensed Premises...........................................................................I...........I...... 5 9. Nonrefundable Grazing License Fee .............................................................................. 7 10. Security Deposit.......................................................................................................... 8 11. Range Management Practices ...................................................................................... 8 12. Grazing Capacity, Grazing Season and Authorized Livestock........................................... 9 13. Residual Dry Matter Requirements ............................................................................. 11 14. Licensee Responsibilities for Rangeland Monitoring ..................................................... 12 15. Required Licensee Notifications.................................................................................. 12 16. Maintenance and Construction of Improvements......................................................... 13 17. Waste, Hazardous Materials....................................................................................... 13 18. Default..................................................................................................................... 14 19. Entry and Inspection ................................................................................................. 14 20. Suspension or Limitation of Use ................................................................................. 14 21. Revocable Use .......................................................................................................... 14 22. Security.................................................................................................................... 15 23. Permits and Approvals............................................................................................... 15 24. Indemnification......................................................................................................... 15 25. Insurance ................................................................................................................. 15 26. Notices.......................................................................... ....... ........................... 16 27. County Provisions for Airport...................................................................................... 17 28. Assignment and Subletting ........................................................................................ 18 29. Non-Discrimination..................................................................................................... 18 30. Navigational Aids....................................................................................................... 18 31. Governing Law.......................................................................................................... 19 32. Non-Waiver of Breaches ............................................................................................ 19 33. No Modification......................................................................................................... 19 34. No Third-Party Beneficiaries....................................................................................... 19 35. No Warranties,.......................................................................................................... 19 36. Severability..........................................................................:.................................... 19 37. Revocation of Prior Licenses ...................................................................................... 19 38. Entire Agreement...................................................................................................... 20 Page 2 of 20 THIS LICENSE AGREEMENT ("Agreement") is made and entered into on this day of 2008, by and between the County of Contra Costa, a political subdivision of the State of California, hereinafter called "County" and Joseph C. Borges and Patricia A. Borges, hereinafter called "Licensee." Now, therefore, the parties hereby agree as follows: 1. Effective Date This Agreement is subject to approval by the County Board of Supervisors. This Agreement shall be effective on the date approved by the Board of Supervisors (the "Effective Date"). 2. Definition of Grazing Terms For purposes of this Agreement, the following terms shall have the following meanings: A. "Animal Unit Month" or "AUM" means the amount of forage required by one (1) animal unit for one (1) month. For purposes of this Agreement, the AUM for one (1) mature cow is deemed to be eight hundred (800) pounds of forage. B. "Grazing Capacity" means the level of livestock use allowed on the Licensed Premises consistent with forage production and resource conservation. The unit of measure of Grazing Capacity for this Agreement is the AUM. The initial Grazing Capacity for the Licensed Premises is set forth in Section 12 below. C. "Grazing Season" means the period of time during each year of this Agreement during which Licensee's Livestock are permitted to graze the Licensed Premises, as determined by County from time to time. The initial Grazing Season for the Licensed Premises is set forth in Section 12 below. D. "Livestock" means steers, heifers, cows, calves and bulls. County may change the kinds of Livestock authorized to graze the Licensed Premises as provided in Section 12 of this Agreement. E. "Range Manager" means the individual designated by County to oversee the portion of the Habitat Management Land that is the subject of this Agreement. F. "Residual dry matter" or "RDM" means the amount of dry, herbaceous plant material, expressed in pounds per acre that must remain on the ground at the end of the Grazing Season during each year of this Agreement, as determined by County. 3. Purpose County is the owner and operator of a public airport located near Byron, California, and commonly known as the Byron Airport ("Airport"). Approximately 814 acres of the Airport property have been reserved as Habitat Management Land ("HML") pursuant to a conservation easement granted by County to the State of California Department of Fish and Game ("Easement"). A true and correct copy of the Easement is on file with the Director of Airports at 550 Sally Ride Drive, Concord, California. Page 3 of 20 Under.the Easement, the County is responsible for conserving and improving the HML for endangered and other special-status species. County has ,determined that Livestock grazing on the parcels of land identified in Section 4 below as the "Licensed Premises" will help County meet the conservation goals of the Easement. The purpose of this Agreement is to provide for the grazing of Livestock on the Licensed Premises for vegetation management in accordance with specifications outlined herein. Any and all rights granted or implied by this Agreement are subject and subordinate to the Easement. In addition, all rights granted to Licensee hereunder are subject to all existing and future rights of way, reservations, franchises, easements and permits with respect to all or any portion of the Licensed Premises, regardless of who holds same, including County's right to use the Licensed Premises, or any portion thereof, for any purpose, and Licensee shall not interfere with such uses. 4. Grant of License Licensee now desires to obtain a license to use a portion of the Airport property identified as Pastures 1, 2, 3, 4, 8, "A" and "C" on Exhibit "A" attached hereto and incorporated herein and made a part hereof, hereinafter referred to as the "Licensed Premises," for Livestock grazing. County, for good and valuable consideration, hereby grants to Licensee, and Licensee hereby accepts from County, a revocable, nonexclusive license ("License'l to enter and use the Licensed Premises for the grazing of Livestock pursuant to the terms and conditions hereinafter set forth. S. County's Title Licensee hereby acknowledges County's fee title in and to the Licensed Premises and agrees never to assail or to resist said title. Licensee agrees that it has not acquired nor will it hereafter acquire any rights or interest in the Licensed Premises, nor does Licensee have nor will it obtain any right or claim to the use of the Licensed Premises beyond those specifically granted in this Agreement. 6. Term The term of this Agreement will commence on the Effective Date, and expire on September 30, 2010, unless the License granted hereunder is suspended or revoked as hereinafter set forth. 7. Condition of Licensed Premises Licensee acknowledges, agrees to, and hereby accepts the Licensed Premises in their"as is" condition, without representation or warranty of any kind, and subject to all applicable laws, statutes, ordinances, rules and regulations governing the use, occupancy, management, operation and possession of the Licensed Premises. Licensee agrees, upon termination of this Agreement, to surrender the Licensed Premises to County in the condition as directed by the Director of Airports, and to remove all of Licensee's Livestock and personal property from the Licensed Premises. Page 4 of 20 8, Use of Licensed Premises A. Permitted Use: The Licensed Premises are licensed to Licensee upon the express condition that Licensee shall use the Licensed Premises for grazing of Livestock owned by Licensee and for no other purposes without prior written consent from County, which may be withheld in County's sole discretion. Licensee represents and warrants that Licensee has conducted a thorough and diligent inspection and investigation of the Licensed Premises and the suitability of the Licensed Premises for Licensee's intended use. Licensee is fully aware of the needs of its grazing operations and has determined, based solely on its own inspection, that the Licensed Premises are suitable for Licensee's operations and intended use. Licensee shall conduct all operations on the Licensed Premises in a responsible, safe, professional, and environmentally conscious manner, and is responsible at all times for containment of the Livestock on the Licensed Premises. B. Satisfaction of RDM Requirements: Licensee shall conduct grazing operations on the Licensed Premises so that the RDM requirements specified herein are met. C. Land Management and Forage Utilization: Licensee shall distribute Livestock throughout the Licensed Premises in accordance with the Grazing Capacity established by County for each Pasture, as specified in Section 12, unless modified by County. Licensee shall maintain optimum distribution of Livestock by frequent herding, by strategic location of supplemental feeds, and by maintaining boundary and interior fencing and developed watering systems in good condition and repair. Licensee shall use the Licensed Premises in accordance with rangeland management practices specified by County, and with due regard to the conservation of the natural resources located thereon. D. Grazing Within Licensed Premises: Licensee shall at all times prevent Livestock from trespassing onto other lands owned or operated by County on which Licensee is not authorized to graze, into areas within the Licensed Premises excluded from the authorized grazing areas, or upon any adjacent, third-party lands, whether private or public. E. Supplemental Feeding: Licensee shall not conduct supplemental feeding of Livestock on the Licensed Premises to prolong grazing use in areas where the established forage utilization levels have been reached or exceeded. Licensee shall relocate supplemental feeding sites when such sites become sufficiently grazed, or at County's direction, so as to minimize the potential for damage to natural resources on the Licensed Premises caused by congregating Livestock. Licensee shall locate supplements only in under-utilized areas of the Licensed Premises, and at least 1000 feet away from water, whenever possible. In the event of unusual or emergency circumstances, such as drought or the loss of vegetation by wildfire, County may allow short-term supplemental feeding on the Licensed Premises until Licensee can make arrangements to remove Livestock from the Licensed Premises, which may require short-term confinement of Livestock to restricted locations on the Licensed Premises to minimize resource impacts. Page 5 of 20 F. Livestock Health: Licensee covenants and warrants that all Livestock on the Licensed Premises shall be in good health with appropriate vaccinations, including but not limited to specific vaccinations for Anthrax, according to good husbandry practice. Licensee shall develop a health program for preventing and curing general parasitic diseases, for maintaining healthy immune systems, and for minimizing diarrhea infections for Livestock on the Licensed Premises. G. Outbreak of Disease: Licensee shall immediately report to County, the Range Manager, the Contra Costa County Agricultural Commissioner ("Commissioner") and all other appropriate governmental agencies, any case of infectious disease appearing in the Livestock on the Licensed Premises. Licensee shall take all steps required and recommended to isolate all Livestock exhibiting symptoms of disease or that have been exposed to other Livestock exhibiting symptoms of disease, and to control and eliminate any such disease at Licensee's sole cost and expense. H. Disposal of Dead Livestock: Licensee shall immediately dispose of any deceased Livestock carcasses, at Licensee's sole cost and expense, in accordance with instructions provided by the Commissioner and other local authorities and in conformance with all applicable laws including, but not limited to, California Food and Agricultural Code Sections 9141, 9142, 19348, If Licensee fails to remove such deceased Livestock from the Licensed Premises within five (5) days after written notice from County requiring such removal, County may remove such Livestock. Licensee shall immediately reimburse County for all costs and expenses incurred by County to remove the carcasses. Licensee shall inform County and the Range Manger when Livestock disposal is necessary and shall ensure that these regulations are followed. I. Removal or Use of Natural Resources: Licensee shall not cut down, destroy or remove, nor permit to be cut, destroyed or removed, any trees or shrubs, earth, soil, vegetation, artifacts, fossils or firewood, standing, growing or found on the Licensed Premises, without prior written authorization from County to commit such acts, except where such earth, soil or vegetation are in the form of landslides; downed trees, or shrubs which are creating an immediate hazard or substantial impediment to the routine operation of the rights herein granted. Licensee shall not hunt, fish or camp, or permit any hunting, fishing or camping, on the Licensed Premises, and shall at all times keep and maintain the Licensed Premises in a clean and sanitary condition to the satisfaction of County. 1. Wildlife and Vegetation Control: Licensee shall not undertake any form of wildlife or vegetation control, such as the use of pesticides or rodenticides, without prior written approval from the Director of Airports, County and the State of California Department of Fish and Game. Any violation of this Section shall be considered a default under this Agreement. K. Compliance with Laws: Licensee shall not use, or permit the use of, the Licensed Premises for any illegal purpose. Licensee shall comply with all State, County and local laws, ordinances, rules and regulations concerning the Licensed Premises and the use thereof. Licensee shall not carry on or permit any nuisance on the Page 6 of 20 Licensed Premises, or allow any use of the Licensed Premises that is against public or County policy. L. Vehicular Traffic: Licensee shall keep all vehicular traffic on the Licensed Premises to an absolute minimum in order to protect the conservation values of the HML. Licensee shall limit-all vehicular traffic to established pasture "roads" as specified by County, unless Licensee obtains County's prior written approval for vehicular traffic off established pasture "roads." M. Access to Licensed Premises: Licensee shall not allow access to the Licensed Premises to any person other than Licensee or Licensee's agents and employees, County, the Range Manager, and County's officers, agents and employees. 9. Nonrefundable Grazing License Fee A. Annual Fee: Each year during the term of this Agreement, Licensee shall pay to County an annual nonrefundable fee ("Fee's for grazing on the Licensed Premises. The Fee shall be payable in advance in equal semi-annual installments due on December 1 and June 1 of each year during the term of this Agreement. If any semi-annual installment covers a period of time less than six (6) months, the Fee shall be prorated at the rate of 1/12th of the annual Fee for each full calendar month, and 1/30th of the monthly Fee for each day during any partial month, for the time period covered by the payment in question. B. Annual Fee Adjustments: On December 1, 2008, and on June 1, 2009, Licensee shall pay County the semi-annual installments of the first annual Fee. The amount of each installment due from Licensee is ONE THOUSAND FOUR HUNDRED THIRTY-FOUR DOLLARS ($1,434.00), for a total first annual Fee of TWO THOUSAND EIGHT HUNDRED SIXTY-EIGHT DOLLARS ($2,868.00). On December 11 2009, the annual Fee will be increased by an amount equal to four percent (4%) of the annual Fee for the preceding year. Set forth below is an example of the schedule of adjustments to the annual Fee during the term of this Agreement. Time Period Annual Fee First Installment Second Installment 12/1/08 - 11/30/09 $2 868.00 $1,434.00 due 12/1/08 $1,434.00 due 6/1/09 1211/09 - 11/30/10 $21982.00 $1,491.00 due 12/1/09) 1491.00 due 6/1/10', C. No Deductions or Offsets: The Fee shall be payable, without prior demand and without any deduction, setoff or counterclaim whatsoever. Licensee shall pay the Fee when due, whether or not Licensee's Livestock have consumed all of the authorized AUMs, unless County has given prior written authorization for a reduced utilization of the authorized AUMs. D. Place for Payments: All payments shall be made payable to Contra Costa County at the offices of the Director of Airports, 550 Sally Ride Drive, Concord, CA 94520, or as County may designate from time to time. Page 7 of 20 10. Security Deposit Licensee is the successor in interest to the licensee under those certain livestock grazing licenses entered into between County and Borges Angus Ranch, dated February 1, 1997 for Pastures 1-4 and Pastures 7-12. Therefore, the security deposit paid by the former licensee in the amount of Seven Hundred Fifty and No/100 Dollars ($750.00) for Pastures 1-4 and Seven Hundred Fifty and No/100 Dollars ($750.00) for Pastures 7-12, for a total Security deposit of One Thousand Five Hundred and No/100 Dollars ($1,500.00) shall become the security deposit for this Agreement. This security deposit will act as security for the full performance by Licensee of the terms, conditions, and covenants of this Agreement. Upon revocation of the License granted hereunder or upon termination of this Agreement, County may use any portion of the security deposit as it deems to be necessary to remedy Licensee's defaults under any of the provisions of this Agreement, including, but not limited to, payment of any unpaid Fee due under Section 9 of this Agreement, repair of damage, removal of any of Licensee's equipment or debris which has been abandoned by Licensee, or to remedy any other default as determined by County. Upon expiration or termination of this Agreement, County will refund any remaining portion of the security deposit to Licensee, after deduction for all amounts described above. 11. Range Management Practices A. Range Manager: County may designate alternate Range Managers from time to time to oversee the HML and to ensure that Licensee complies with all requirements of this Agreement. County will provide Licensee with written notice if it designates a Range Manager and will thereafter provide Licensee with written notice of any changes in its designated Range Manager. B. Range Readiness: Prior to the beginning of each Grazing Season during the term of this Agreement, the Range Manager may inspect the Licensed Premises to assess whether adequate forage material is available to support grazing by Licensee's Livestock at the existing Grazing Capacity. In situations where, in the previous Grazing Season, forage utilization by Licensee's Livestock has caused the standing vegetation to fall below 400 pounds/acre, County will require that sufficient plant re-growth be established to provide adequate forage and soil protection before County will allow Licensee to resume. grazing on the Licensed Premises. C. Assessment of Rainfall Patterns: The Range Manager may make an annual assessment of early rainfall patterns to determine whether precipitation appears average or significantly below or above average. In the event the rainfall patterns remain below average in any year, County may delay or reduce the length of that year's Grazing Season or reduce the Grazing Capacity to a level consistent with forage availability and other resource management considerations. Page 8 of 20 D. Grazing Compliance Program: The Range Manager may conduct an ongoing grazing compliance program, which will include, without limitation, measuring grass height at various times throughout the Grazing Season, both to ensure Licensee's compliance with the RDM requirements set forth herein and to enable County to determine whether any modifications are needed to the Grazing Capacity established for the Licensed Premises, the Grazing Season or the kinds or numbers of Livestock authorized to graze the Licensed Premises. 12. Grazing Capacity, Grazing Season and Authorized Livestock A. Initial Grazing Capacity: The authorized Grazing Capacity for the various pastures that comprise the Licensed Premises is set forth in the table below. Unless changed in the manner provided below, the Grazing Capacity shall remain the same throughout the term of this Agreement. PASTURE ACRES AUM's 1 38 45 2 70 137 3 112 188 4 79 147 8 141 185 A 28 39 B 10 13 B. Initial Grazing Season: Unless changed in the manner provided below, the authorized Grazing Season for the Licensed Premises is October 1 to September 30 for each year during the term of this Agreement. C. Initial Authorized Livestock: The kinds of Livestock authorized to graze the Licensed Premises are steers, heifers, cows, calves and bulls. Unless changed in the manner provided below, the kinds of Livestock authorized to graze the Licensed Premises shall remain the same throughout the term of this Agreement. Licensee shall brand or mark its authorized Livestock and their offspring with Licensee's brand or mark. County may also require Licensee to identify its authorized Livestock with distinctive eartags to prevent or detect trespass by unauthorized Livestock. Licensee shall submit to the County and to the Range Manager a copy or copies of Licensee's Certificate(s) of brand. D. County as Sole Judge of Grazing Capacity, Grazing Season and Livestock: County shall be the sole judge as to the Grazing Capacity of the Licensed Premises and any Pasture thereof, the Grazing Season, and the kinds and number of Livestock authorized to graze the Licensed Premises. The determination of the County as to the Grazing Capacity, the Grazing Season and the authorized Livestock shall be binding and conclusive upon Licensee. In determining the Grazing Capacity, Grazing Season and authorized Livestock for the Licensed Premises, County may, at its option, give such consideration as it deems advisable to such factors as vegetation, wildlife, fisheries, soil, water, air, aesthetic and other resources, and to Page 9 of 20 $��k �� `, '; ,, ,�� , `� `� `� ,,, �. ,,, ,� 1 ,, ,� ,� \, ,. �, �� . t ,� ;� \. i �} 1� �� i �` ,� �, �� 1 �` t` \,`` 1 a, 1 4+ i `{ 1` 1, �\ V 1� �j �� `\ {, �, 5 t` t `l �} i �, �, 1 } t, �l 1, 3, 4 l l 1 1 f t t y �4 �` 1 the compatibility of the Grazing Capacity, Grazing Season and authorized Livestock with the availability and conservation of such resources. E. Changes in Grazing Capacity and Grazing Season: The Range Manager may conduct regular assessments of the Licensed Premises to identify areas the County considers suitable for grazing and to estimate the forage production for the upcoming Grazing Season. RDM requirements, as identified below, will be subtracted from the estimated total amount of forage available on areas of the Licensed Premises suitable for grazing to determine how much forage is available for Licensee's Livestock to consume in an average, above average and below average rainfall year. County's determination of Grazing Capacity and Grazing Season for the Licensed Premises will be based upon the estimated forage production in an average rainfall year, and may be changed by County, in its sole discretion. Licensee acknowledges that the forage production during an above average rainfall year could increase by as much,as thirty-five percent (35%), and a below average rainfall year could result in substantially less forage available for consumption, both of which may result in a temporary change in the stocking levels for Licensee's.Livestock. F. Relative Forage Requirements: The Range Manager may regulate the kind and number of Livestock on the Licensed Premises to make sure that the Grazing Capacity is met, but not exceeded, and that the RDM requirement set forth below is satisfied. County may at any time modify the kind and number of Livestock permitted to graze the Licensed Premises, if, in County's sole opinion, such changes are necessary for conservation of the Licensed Premises. In order to make this determination, the Range Manager may need to compute the rate of consumption of the authorized available forage by Licensee's Livestock. For the purpose of computing the consumption rate, the relative forage requirements of the various kinds of Livestock permitted to graze the Licensed Premises shall be deemed to be as follows, expressed as an animal unit conversion factor: Type of Livestock Animal Unit Conversion Factor Steer or heifer 6 months to 2 years of age) 0.65 AUM Cow or cow and calf under 6 months of age 1.00 AUM Bull 1.25 AUM As the types of Livestock change in age, the new factor.shall be effective upon the date on which the change occurred. G. Notice of Change in Grazing Capacity, Grazing Season and Livestock: If County deems it necessary to modify the Grazing Capacity of the Licensed Premises, the length of the Grazing Season or the kinds or number of Livestock authorized to graze the Licensed Premises, County will provide written notice of any such change in Grazing Capacity, Grazing Season or Livestock to Licensee. Licensee shall have fifteen (15) days to comply with the written notice. Unless further changed by subsequent written notice, the Grazing Capacity, Grazing Season and authorized Livestock for any year during the term of this Agreement shall remain as last authorized by County. Page 10 of 20 H. Changes in Grazing Capacity and Grazing Season by Mutual Consent: In any year during the term of this Agreement, County and Licensee may, by written mutual consent, modify the authorized Grazing Capacity and the length of the Grazing Season. Any such change shall remain in force and effect until the beginning of the next Grazing Season, unless sooner terminated or modified by further mutual agreement or by County in its sole discretion. I. Exceeding Grazing Capacity without Authorization: Licensee shall limit the number of Livestock to be grazed upon the Licensed Premises in order to meet, but not exceed, the authorized Grazing Capacity for the Licensed Premises. Should the Licensed Premises be grazed in excess of the authorized number of AUMs, Licensee shall immediately remove all or such number of Livestock as are necessary to comply with the Grazing Capacity authorized by County. 13. Residual Dry Matter Requirements A. Initial RDM Requirement: The minimum RDM requirement for the Licensed Premises is 400 pounds per acre. The height in inches of standing vegetation remaining on the ground is a general indication of RDM levels, and the RDM level required for the Licensed Premises will generally equate to approximately three (3) inches of standing vegetation. However, County will deem the RDM requirement met if the height of standing vegetation at the end of each Grazing Season is three (3) inches to six (6) inches. Unless changed in the manner provided below, the RDM requirement shall remain the same throughout the term of this Agreement. B. County to Monitor RDM Levels: The Range Manager may monitor the height of standing vegetation on a monthly basis, and may require Licensee to move Livestock to a different location on the Licensed Premises, or to increase or decrease the number of Livestock grazing the Licensed Premises to increase the likelihood that the annual RDM requirement will be met by the end of the Grazing Season. County will attempt to provide advance notice to Licensee before RDM levels reach 200 pounds/acre above the minimum RDM requirement to allow Licensee ample time to decrease herd size or remove Livestock. Whether or not Licensee receives such advance notice, Licensee shall immediately remove all Livestock from the Licensed Premises (or the affected Pasture thereof) if the RMD levels drop below 400 pounds/acre (approximately three (3) inches of standing vegetation), and shall not allow any further grazing of the affected areas until County determines that such areas have sufficiently recovered to allow continued grazing. C. Change in RDM Requirement: County may change the RDM requirement for the Licensed Premises from time to time throughout the term of this Agreement if County, in its sole discretion, deems it necessary to do so in order to promote soil stability, maintain plant productivity or diversity, enhance visual and recreational values, conserve wildlife habitat, promote biodiversity or reduce fire hazards. D. Notice of Change in RDM Requirement: County will provide written notice to Licensee of any change in the RDM requirement. Upon receipt of the notice, Page 11 of 20 Licensee shall make any necessary adjustments to the number of Livestock grazing the Licensed Premises in order to meet the changed RDM requirement. 14. Licensee Responsibilities for Rangeland Monitoring A. Rangeland Conditions: Licensee shall conduct measurements and visual estimates of a variety of rangeland condition indicators in coordination with County and the Range Manager to monitor the condition of Licensed Premises. B. Height of Grasses: Licensee shall on a monthly basis estimate the height of grasses (in inches) for each Pasture(s) of the Licensed Premises from convenient locations, record the estimates, and report them to County and to the Range Manager in writing within two (2) weeks of the day the estimates were taken. A minimum of two (2) estimates shall be made in each Pasture. C. Record of Unusual Events: Licensee shall record descriptions of unplanned disturbing events (fires, new infestations of weeds, vandalism, etc.), including dates and locations, and show such events on a map. Licensee shall submit the descriptions and maps to County and to the Range Manager within two (2) weeks of the date recorded. For disturbing events that affect forage availability or containment of Livestock, Licensee shall notify County and the Range Manager immediately. D. Livestock Log: Licensee shall maintain a log of the number, type, weight and age of Livestock grazing in each Pasture, and report these numbers to County and to the Range Manager at the beginning and end of each Grazing Season, and on a monthly basis during each Grazing Season. 15. Required Licensee Notifications In addition to any notifications required under any other Section in this Agreement, Licensee shall provide the notifications set forth below. A. Placing Livestock on Licensed Premises: Licensee shall notify County and the Range Manager fifteen (15) days prior to the date Licensee intends to introduce Livestock to the Licensed Premises in order that County and the Range Manager can verify range readiness conditions as specified in Section 11 above. Licensee shall not introduce Livestock to the Licensed Premises until Licensee obtains written authorization from County to begin grazing the Licensed Premises. B. Livestock Roundup: Licensee shall provide seven (7) days advance notice to County and to the Range Manager before performing any major Livestock roundup, or activities involved in the movement of the Livestock on the Licensed Premises and/or use of the corral facilities. Page 12 of 20 16. Maintenance and Construction of Improvements Licensee shall maintain, repair and replace, if necessary, in good order and condition throughout the term hereof, all improvements related to Livestock grazing existing on the Licensed Premises as.of the Effective Date, including, but not limited to, all fences, gates, corrals, ditches, wells, windmills, pumps, and water troughs and roadways ("Improvements"). Licensee shall not construct or install any additional Improvements on the Licensed Premises without the prior written consent of County. Prior to the commencement of any maintenance, repair or replacement of any existing Improvements, or the construction or installation of any approved additional Improvements, Licensee shall give County and the Range Manager ten (10) days written notice to enable County to post appropriate notices to avoid liability on account of such work. Licensee shall defend, indemnify, save, protect and hold harmless County, its officers, agents and employees, from all liens, claims, demands and liabilities arising out of any work performed, materials furnished or obligations incurred by Licensee upon the Licensed Premises during the term of this Agreement and agrees not to suffer any such lien or other lien to be created. This indemnification clause shall survive the termination or expiration of this Agreement. In the event Licensee shall fail to perform its obligations hereunder, County, in addition to all other remedies available hereunder or by law or in equity and without waiving any .of said alternative remedies, may perform same, and Licensee agrees to repay County the cost thereof within five (5) calendar days after County's written request. Licensee hereby waives all rights to make repairs at the expense of County if provided for in any statute or law in effect at the time of execution of this Agreement or any amendment thereof or any other statute or law that may be hereafter enacted during the term of this Agreement. 17, Waste, Hazardous Materials Licensee, at its sole cost and expense, shall comply with all applicable laws, regulations, rules, and other requirements, with respect to the use of the Licensed Premises, regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and. air quality, and furnish satisfactory evidence of such compliance upon request of County. Licensee shall not commit, or suffer or permit the commission of any waste upon the Licensed Premises, or any nuisance or other act or thing that may disturb the quiet enjoyment of the use of the Airport or surrounding property. Licensee shall not, and shall ensure that no others shall, store or dispose of any Hazardous Materials on the Licensed Premises. The term "Hazardous Materials" shall mean any hazardous or toxic substance, hazardous or radioactive material, hazardous waste, pollutant or contaminant at any concentration that is, or during the term of this Agreement becomes, regulated by any local or regional government authority having jurisdiction over the Licensed Premises, by the State of California, or by the United States. Page 13 of 20 Licensee shall not permit any activity on the Licensed Premises that directly or indirectly produces unlawful amounts or levels of air pollution (gases, particulate matter, odors, fumes, smoke, or dust), water pollution, noise, glare, heat emissions, radioactivity, or trash or refuse accumulations, or vibration that is hazardous or dangerous by reason of risk of explosion, fire, or harmful emissions. 18. Default In the event of Licensee's breach of any of the covenants or conditions herein, County may revoke the License and remove all persons, Livestock and property from the Licensed Premises, upon five (5) days written notice to Licensee. Licensee defaults shall include, but shall not be limited to, failure to pay all fees when due, failure to carry proper insurance, failure to maintain specified grass heights, failure to remove or dispose of dead Livestock as directed by the .Commissioner, failure to properly maintain the Licensed Premises, failure to notify and obtain approval of County and the State Department of Fish and Game prior to any wildlife or vegetation control, and failure to comply with any other term and condition of this Agreement. 19. Entry and Inspection Licensee agrees that County, its agents, and employees may enter upon the Licensed Premises at any time to inspect, make any changes or alterations or repairs which County considers necessary for the protection, improvement or preservation thereof, or to post any notice provided for by law, or otherwise to protect any and all rights of County. Licensee shall not be entitled to any abatement of consideration by reason of the exercise by County of any such rights herein reserved. Nothing herein contained shall be construed to obligate County to make any changes, alterations or repairs to the Licensed Premises. 20. Suspension or Limitation of Use County shall have the right, in County's sole discretion, to suspend or to limit the use of the Licensed Premises by Licensee without compensation to Licensee, for a reasonable amount of time, as solely,determined by County, for the protection of public safety or for the construction, installation, operation, maintenance, or repair of Airport facilities on or near the Licensed Premises or to rest a particular Pasture(s) to meet a conservation value. Should such suspension or limitation be necessary, County will provide Licensee fifteen (15) days prior written notice, except prior written notice will not be required in cases of emergency. 21. Revocable Use County may revoke the License granted hereunder at any time, for any reason or no reason, with or without cause, upon thirty (30) days written notice to Licensee. County may revoke this License at any time upon five (5) days written notice upon a breach of any term or condition of this Agreement. The installation or construction of any equipment or fixtures by Licensee pursuant to this Agreement shall not render this revocable license irrevocable, and shall not be deemed a conveyance of any property Page 14 of 20 right to Licensee. In the event of revocation, Licensee shall have no right to, and shall not seek, reimbursement of any expenses of Licensee, or for any other purpose. 22. Security County shall have no obligation to provide security to the Licensed Premises. Licensee shall provide for the total security of the Licensed Premises, and shall provide, through the use of fences and gates, security against the unauthorized pedestrian and vehicular access onto and over any portion of the Licensed Premises. 23. Permits and Approvals Licensee shall be responsible for obtaining any permits or approvals from any agency having jurisdiction over the Licensed Premises. This Agreement does not constitute governmental approval by Contra Costa County of this use. 24. Indemnification Licensee shall indemnify, defend, save, protect and hold harmless County and its officers, agents and employees from any and all claims, costs, and liability for any damages, injury or death arising directly or indirectly from or connected with Licensee's use or occupancy of the Licensed Premises and shall reimburse County for any expenditures, including costs and attorneys' fees, County may make by reason of such matters and, if requested by County, will defend any such suits at the sole cost and expense of Licensee. Licensee hereby acknowledges that the presence of Livestock on a public road can create serious driving conditions for vehicles that can result in injuries and death to people and damage to property. Licensee hereby agrees to take all necessary precautions to ensure that Livestock do not enter onto any public road, including but not limited to Armstrong Road, Byron Hot Springs Road and North Bruns Road, from the Licensed Premises. Licensee hereby specifically accepts all liability and obligations related to the existence of Licensee's Livestock on any public road, including, but not limited to, Armstrong Road, Byron Hot Springs Road and North Bruns Road, and shall hold County entirely harmless from any injuries, damages, or liabilities resulting from the presence of Licensee's Livestock thereon. This indemnification provision shall survive the termination or expiration of this Agreement. 25. Insurance Licensee shall, at no cost to County, obtain and maintain during the entire duration of this Agreement, the following insurance coverages: A. General Liability: Comprehensive General Liability insurance with minimum combined single-limit coverage of One Million and No/One Hundredths Dollars ($1,000,000.00) for all claims and losses due to bodily injury or death to any Page 15 of 20 person, or damage to property, including loss of use thereof arising out of each accident or occurrence. B. Worker's Compensation: Worker's Compensation insurance that may be required by law. C. Certificates: Licensee shall name County and its officers, agents, and employees as additional insureds under all policies held for the Licensed Premises. All coverage shall provide for thirty (30) days written notice to County of cancellation or lapse in coverage. A Certificate of Insurance for each of the policies hereunder required, indicating the name and telephone number of the insurance agent most responsible for the insurance policy and evidencing such coverage, shall be furnished to County prior to the Effective Date of this Agreement. 26. Notices All notices (including requests, demands, approvals or other communication) under this Agreement shall be in writing. A. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mail, postage paid, 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 is effective 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 to the recipient, notice shall be deemed delivered on the date personally served. B. The place for delivery of all notices given under this Agreement shall be as follows: County: Director of Airports Contra Costa County Airports 550 Sally Ride Drive Concord, CA 94520 Telephone (925) 646-5722 With Copies to County's Range Manager, as designated by County throughout the term of this Agreement. Licensee: Joseph and Patricia Borges 3130 Byer Road Byron, CA 94514 Page 16 of 20 (925) 634-3072 Home (209) 481-9980 Cell (925) 515-1182 Facsimile 27. County Provisions for Airport A. County reserves the right to further develop or improve the Airport as it sees fit, regardless of the desire or view of the Licensee and without interference or hindrance. B. County reserves the right, but shall not be obligated to Licensee, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of Licensee in this regard. C. This Agreement shall be subordinate to the provisions and requirements of any existing or future agreement between the County and the United States, including but not limited to the Federal Aviation Administration, relative to the development, operation or maintenance of the Airport. D. There is hereby reserved to County, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Licensed Premises. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, or taking off from, or operating on the Byron Airport. E. Licensee agrees to comply with the notification and review requirements covered by 14 CFR Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the Licensed Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Licensed Premises. F. Licensee shall not erect nor permit the erection of any structure or object, nor permit the growth of any tree on the Licensed Premises to exceed the established height contours. In the event the aforesaid covenants are breached, County reserves the right to enter upon the Licensed Premises and to remove the offending structure or object and/or cut the offending tree, all of which shall be at the sole cost and expense of the Licensee. G. Licensee shall not make use of the Licensed Premises in any manner that might interfere with the landing and taking off of aircraft from the Airport, or otherwise constitute a hazard. In the event the aforesaid covenant is breached, County reserves the right to enter upon the Licensed Premises, and cause the abatement of such interference at the sole cost and expense of Licensee. H. Nothing herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. § 1349A). Page 17 of 20 I. This Agreement and all provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of said Airport or the exclusive or non-exclusive use of the Airport by the United States during the time of war or national emergency. In the event the United States Government acquires or takes over the Airport during a time of war or national emergency, the Fee shall be abated in proportion to that portion of the Licensed Premises unavailable for Licensee's use for the period of such acquisition or control by the United States Government. J. County reserves the right to take any action it considers necessary to protect the aerial approaches to the Airport against obstruction; together with the right to prevent Licensee from erecting or permitting to be erected any building or other structure on the Licensed Premises which, in the opinion of the County, would affect the usefulness of the Airport or constitute a hazard to aircraft. K. Nothing herein contained shall in any way affect the right of the County to use the Licensed Premises covered by this Agreement in the performance of anything pertaining to the operation of the Airport with full right of ingress and egress over the same; the County also reserves the right to perform any work on said Licensed Premises that the County may see fit without being liable to Licensee in any way for any damage which may be caused to any vegetation or other improvements Licensee may have made or placed upon said real property. 28. Assignment and Subletting No rights or interest of Licensee hereunder shall be transferred or assigned, nor shall the Licensed Premises or any portion thereof be sublet, nor shall Licensee permit the use of any part of the Licensed Premises by any third party or parties for any purpose, without the prior written consent of County, which may be withheld in County's sole discretion. 29. Non-Discrimination Licensee, as part of the consideration for the License, agrees that no person on grounds including, but not limited to, race, color, sex or national origin, shall be excluded from using, denied the benefits of, or be otherwise subjected to discrimination in the use of the Licensed Premises. In the event of any breach of this non-discrimination covenant, County shall have the right to terminate this Agreement without compensation to Licensee. 30. Navigational Aids County has the right at any time to install, at its sole expense, air navigational aids including lighting, in, on, over, under, and across the Licensed Premises. In the exercise of any of the rights hereof, County agrees to give Licensee no less than thirty (30) days' written notice of its intention to install such air navigational aids, and to coordinate such installation with Licensee; provided, however, that no such installation shall unreasonably interfere with Licensee's use. Page 18 of 20 31. Governing Law The laws of the State of California shall govern the interpretation and enforceability of this Agreement. The venue for any legal action between the parties pertaining to this Agreement shall be Contra Costa County, which courts shall have exclusive jurisdiction over such legal action. 32. Non-Waiver of Breaches County's failure to insist, in any one or more instances, upon strict performance of any of the terms or conditions of this License shall not be considered as a waiver of any subsequent breach as to the same or any other term or condition, but the same shall continue and remain in full force and effect. No waiver of any of the provisions of this Agreement shall be effective unless in writing and signed by County. 33. No Modification This Agreement shall not be modified or amended without the mutual written consent of both parties. 34. No Third-Party Beneficiaries Nothing in this Agreement, express or implied, is intended to confer on any person, other than County and Licensee, and their respective successors-in-interest, any rights or remedies under or by reason of this Agreement. 35. No Warranties County does not warrant or represent that the Licensed Premises are safe, healthful or suitable for the purpose for which they are permitted to be used under the terms of this Agreement. Licensee hereby acknowledges and agrees that County, including without limitation its officers, employees and agents, has not made, and County hereby disclaims making, any representations or warranties, express or implied, concerning (i) the physical, geological or environmental condition of the Licensed Premises, (ii) the present or future capacity or suitability of the Licensed Premises for Livestock grazing, (iii) the feasibility, cost or legality of constructing any Improvements on the Licensed Premises if required for Licensee's use permitted under this Agreement, (iv) the condition of any fences, roads, gates or range Improvements, or (v) any other matter whatsoever relating to the Licensed Premises or its use, including, without limitation, any implied warranties of fitness for a particular purpose. 36. Severability If any term, covenant or provision of this Agreement, which does not materially affect the consideration for this Agreement, is held to be invalid, illegal or unenforceable in any respect, the validity of the remainder of this Agreement shall not be affected thereby. 37. Revocation of Prior Licenses Upon the Effective Date, those certain license agreements entered into between County and Borges Angus Ranch, (Licensee's predecessor in interest, which were effective February 1, 1997, for Pastures 1-4 and 7-12, as shown on Exhibit "A" attached to those Page 19 of 20 license agreements, are hereby immediately revoked. Notwithstanding anything to the contrary in those prior license agreements, in the event the Effective Date of this Agreement, and the revocation of the prior license agreements, occurs prior to the end of the month in which any fees under the prior license agreements have been paid, County shall retain those fees as payment for the use of the Licensed Premises during the partial month following the Effective Date. 38. Entire Agreement It is understood that this document (including the exhibits hereto), which is subject and subordinate to the Easement, contains the entire agreement between the parties hereto and all prior understandings or agreements, oral or written, of whatsoever nature regarding the rights hereby granted are superseded by this Agreement and are hereby abrogated and nullified. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in duplicate, the day and year first above written. COUNTY: LICENSEE: CONTRA COSTA COUNTY Joseph C Borges and Patricia A. Borges By By Keith Freitas tseeph . Borges Director of Airports By Recommended for Approval Patricia A. Borges By Date. ( Q, Dp Karen A. Laws (Date signed by Licensee) Principal Real Property Agent By Beth Lee Assistant Director of Airports Approved as to form: Silvano B. Machesi County Counsel By Pamela Zaid Deputy County Counsel CP: Y:\GrpData\RealProp\Carla\Airport\HML LICENSE\BORGES Grazing License 9-24-08.doc Page 20 of 20 sora 4ilt�t� �I80b i 4 e' u m 11Qit�� Sa,41�4$10 / , to Rf t CD It No, , 1 , �O�� ,` U7 peal 5Jul a • P 'Pet r d IVA j q cy� 4v /I ry Armstrong Road Qq CL t 7 1 r ___ ..wr., nw-.�,r.,r.n�.r.c•-i tv rs ra.. Byron Hot Springs Read r+r r f O s J" m r 4 x r' r X � r Byron Hot Springs Road � f`f a hlorth Bruns Road