HomeMy WebLinkAboutMINUTES - 03012005 - C15 s
To: BOARD OF SUPERVISORS ... .........
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR fi {.:µ Costa
DATE. March 1, 2005t6--" oust
SUBJECT: APPROVE and AUTHORIZE the Public Warks Director,or designee,to execute leases
with Buchanan Field Airport T-hangar and shade hangar tenants.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute,on behalf of Contra Costa County
a lease for a hangar at Buchanan Field Airport with Matthew Larkin effective February 1, 2005 in the amount of
$155 per month. Concord area. (Airport Enterprise Funds Revenue) (District IV)
FISCAL IMPACT:
The Airport Enterprise Fund will realize $1,860 annually per rental of each shade hangar.
C-I(Continued on Attachment: ® SIGNATURE:
allCOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE
n--XP'PROVE OTHER
SIGNATURE(S):
ACTION OF B ON MARCH Ol, 2005
APPROVED AS RECOMMENDED[91 OTHER ❑
VOTE OF SUPERVISORS
xx UNANIMOUS(ABSENT NONE }
AYES: NOES:
ABSENT, ABSTAIN: I hereby certify that this is a true and correct copy of an action taken
and entered on the minutes of the Board of Supervisors on the date
KJ:df shown.
G:\GrpData\Admin\Lisa D\BO templates-I) AirporMental Agreements.doc
Orig.Div:Public Works(Airport Division) ATTESTED: MARCH Ol, 2005
Contact: (Keith Freitas,646-5722) JOHN SWEETEN, Clerk of the Board of Supervisors and County
c. County Administrator
J.Bueren,Deputy Director Public Works Administrator
Accounting
By ,Deputy
SUBJECT: APPROVE and AUTHORIZE the Public Works Director,or designee,to execute leases
with Buchanan Field Airport T-hangar and shade hangar tenants.
DATE: March 1, 2005
PAGE. 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
On September 1, 1970,Buchanan Airport Hangar Company entered into a 30-year lease with Contra Costa County
for the construction of seventy-five (75) hangars and eighteen (18) aircraft shelters at Buchanan Field Airport.
Buchanan Airport Hangar Company was responsible for the maintenance and property management of the property
during that 30-year period.
On September 1,2000,the County obtained ownership of the aircraft hangars and shelters,pursuant to the terms of
the above lease. Several of the hangars are now vacant. Approval of these leases will fill one (1) empty hangar.
The attachment lease form entitled "Contra Costa County Buchanan Field Airport T-Hangar and Shade Hangar
Rental Agreement,"will be used to enter into these leases. Airport Division staff and current hangar tenants have
been negotiating regarding revisions to this lease form. After agreement has been reached on a new lease form,the
Board will be asked to approve new leases with all of the hangar tenants.
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CONSEQUENCES OF NEGATIVE ACTION.
This will cause a loss of revenue to the Airport Enterprise Fund.
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CONTRA COSTA COUNTY- BUCHANAN FIELD AIRPORT
T-HANGAR AM SHADE HANGAR RENTAL AGREEMENT
Table of Contents
AND SHADE HANGAR'RENTAL AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1. PARTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00 . . . . . . . . . .
2. RENTER AND AIRCRAFT INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. PURPOSE . . . . 0.. . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . .. . . .
4. PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. USE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . .
6. TERM . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. RENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. SECURITY DEPOSIT . . . . . . . . . . . . . . . . . . . . . . ... . . . 2
9. UTILITIES . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 00 . . . . . . 3
10. PROHIBITED USES . . . . . . . . . . . 0 . . . . . . 3
11. PARKING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
12. MAINTENANCE AND REPAIRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . ... . . . . . . . 4
13. SIGNAGE . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .a. . 4
14. ALTERATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
15. ASSIGNMENT OR SUBLETTING . . . . . . . . . . . . . . . . . 4
16. HOLD HARMLESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.
17.. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . 5
18. SURRENDER . . . . . . . . . . . . . . . . . . . . . . . . . . 5
19. AIRPORT VEHICLE ACCESS . . . ." 5
20. SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
21. LOCKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
22. TAXES . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . 6
23. WASTE, QUIET CONDUCT, AND HAZARDOUS MATERIALS . . . . . . . . . . . . . . . . . . . . . . . 6
24. AIRPORT'S RIGHT OF ENTRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
25. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
26. LAWFUL .CONDUCT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
27. DEFAULT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * . . . . . . . . . . . 9
28. CUMULATIVE RIGHTS AND REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
29. NO CONTINUING WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o -. - - - - o . . . . . . . . . . . . 9
30. NOTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
31. ENTIRE AGREIM . . . & . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . 10
32. CHOICE OF LAW . . .. . . * . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
33. TIME IS OF THE ESSENCE . . . . . . . . . . • . . . . . . . . . • . . . . . . • _ . . . . . . . . . • • . . . . . 10
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EXHIBIT " A" - RENTER AND AIRCRAFT INFORMATION FORM
EXHIBIT " B " -- T-HANGAR AND SHADE HANGAR SITE PLAN
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CONTRA COSTA COUNTY-BUCHANAN FIELD AIRPORT
T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT
1. PARTIES: Effective ,the COUNTY OF CONTRA COSTA, a political
subdivision of the State of California ("Airport") and ("Renter"),
hereby mutually agree and promise as follows:
2. RENTER AND AIRCRAFT INFORMATION: Simultaneous with the execution of this Rental
Agreement by Renter, Renter shall complete the Renter and Aircraft Information Form,attached
hereto as Exhibit"A"and incorporated herein. Renter must also provide to Airport at that time a
copy of the current aircraft registration and the insurance information required by Section 17
below.
3. PURPOSE: The purpose of this Rental Agreement is to provide for the rental of a T-Hangar or
Shade Hangar space at the Contra Costa County - Buchanan Field Airport.far the storage of
Renter's aircraft("Aircraft")described in the Renter and Aircraft Information Form.
4. PREMISES: For and in consideration of the rents and the faithful performance by Renter of the
terms and conditions set forth herein, Airport hereby rents to Renter and Renter hereby rents
_from Airport that T-Hangar or Shade Hangar shown as # on the T-Hangar and Shade
Hangar Site Plan, attached hereto as Exhibit B and incorporated herein. This T-Hangar or
Shade Hangar is part of the T-Hangar and Shade Hangar Site ("T Hangar Site") and shall
hereinafter be described as the"premises"or as the"T-Hangar."
Renter has inspected the T-Hagar and.hereby accepts the T-Hangar in its present condition,
as is, without any obligation on the part of Airport to make any alterations, improvements, or
repairs in or about the T-Hangar.
5. USE: The premises shall be used exclusively by Renter only for the storage of Renter's aircraft
and materials directly related to the storage and maintenance of Renter's aircraft and for no
other purpose whatsoever without the prior written consent of the Director of Airports. filo
additional storage is allowed in areas adjacent to Renter's aircraft. ("Renter's aircraft' means
only that specific aircraft in which Renter has either an ownership interest or which is directly
leased to Renter and which Renter has identified in the Rental and Aircraft Information Form.)
The use of all or a portion of the T-Hangar for the-storage of aircraft not owned or leased by
Renter without the prior written consent of the Director of Airports is prohibited. ("Aircraft not
owned or leased b y Renter' means any aircraft in which Renter does not have an ownership
interest or which is not directly leased to Renter.) Renter shall present proof of said ownership
interest or lease to'Airport upon request in addition to that information provided in the Rental
and Aircraft Information Form.
If Renter wants to store any specific aircraft other than the specific aircraft identified on the
Rental and Aircraft information Form ("Alternate Aircraft") in the T-Hangar, Renter must
obtain the prior written consent of the Director of Airports to so store the Alternate Aircraft. If
Renter is permitted to store an Alternate Aircraft in the T-Hangar, all provisions of this Rental
Agreement applicable to any aircraft shall also be applicable to that Alternate Aircraft.
Airport, in its sole discretion,may assign Renter to another T-Hangar at anytime for any reason
or for no reason.
6. TERM: This Rental Agreement shall be from month to month commencing
and shall continue until terminated. Upon the termination of this Rental
Agreement, Renter shall remove Renter's Aircraft or Alternate Aircraft and any personal
property from the premises. Storage and disposition of Renter's personal property remaining
on the premises shall be.in accordance with law.
7. RENT:
A. Monthly Rent and Additional Rent. Renter shall pay $ rent per month
("Monthly Rent")due and payable in advance on the first day of each calendar month,
beginning on the commencement date of this Rental Agreement. Unless directed to do
otherwise by Airport, Renter shall pay rent only in cash or by personal check, certified
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check, or money order. If the term of this Rental Agreement begins on a day other than
the first day of the month, the Monthly Rent stated above for the first month shall be
prorated based on a thirty-day month and shall be due and payable at the time the
Renter signs this Rental Agreement. The Monthly Rent is subject to change on thirty
(30) days written notice at the sole discretion of Airport. All other payments due from
Renter to Airport under this Rental Agreement, including, but not limited to, utility
charges, administrative 1ate charges, interest, and returned check charges, shall be
deemed Additional Rent("Additional Rent"). Airport shall apply any moneys received
from Renter to the oldest amount due on Renter's account. Any amounts owed by
Renter to Airport prior to the execution of this Rental Agreement shall be deemed due
under this Rental Agreement on the commencement date of this Rental Agreement.
B. Administrative Late Charge and Interest. If Renter fails to pay Monthly Rent or
Additional Rent by the fifth day after it is due, Renter shall be liable for an administrative
late charge ("Administrative Late Charge") in the amount of fifty dollars $50.00), plus
interest at the rate of 1.5% per month, which shall be due and payable seven (7) days
after Airport gives Renter an invoice of said demand for payment of Monthly Rent or
Additional Rent that is not paid on its due date . Airport and Renter hereby agree that it
is and will be impracticable and extremely difficult to ascertain and fix Airport's actual
damage from any late payments and,thus,that Renter shall pay as liquidated damages
to Airport the Administrative Late Charge specified in this Section 7.B., which is the
result of the parties' reasonable endeavor to estimate fair average compensation
therefor.
C. Returned Checks. Renter shall be liable for all bank charges incurred by Airport if a
check written by Renter is returned for insufficient funds, and Airport may impose a
reasonable service charge to cover bank charges imposed for returned checks. Airport
may require Renter to pay Monthly Rent or Additional Rent by certified check or money
order if Renter's bank or banks have returned one or more personal checks unpaid
within the past twelve (12) months. This subsection does not establish a grace period.
Airport may make written demand for payment immediately upon receipt of a returned
check.
D. Rent Liability Following Vacation of T-Hangar. Renter shall be liable for rent through
the date that it totally vacates the T-Hangar, provided that Renter has given at least
thirty (30) days written notice to Airport of Renter's intent to vacate. In the absence of
such notice, Renter shall be liable for rent for thirty (30) days after the date Airport
actually learns that Renter has totally vacated the T-Hangar.
E. Rent Liability upon Transfer to Another T-Hangar. If Airport transfers Renter to
another T-Hangar, any charges or credits due on the Renter's account shall be
transferred to the account for the new T-Hangar.
F. Lien on Aircraft for Delinquent Monthly Rent, Delinquent Additional Rent, and
Storage Charges. If Renter is delinquent in paying Monthly Rent or Additional Rent,
pursuant to Section 1208.51 of the California Code of Civil Procedure, with fifteen (15)
days written notice from Airport to Renter of the delinquency, Airport may remove
Renter's aircraft from its T-Hangar, lock the aircraft down, and place it in storage. If
Renter does not pay to Airport the delinquency within fifteen (15) days written notice
from Airport to Renter of the removal, lock down, and storage,Airport may impose a lien
on the aircraft and satisfy that lien as defined in said Section 1208.61.
Airport may also dispose of Renter's aircraft and personal property remaining in the T-
Hangar after termination of this Rental Agreement or upon abandonment pursuant to
Section 1980, et seq. of the California Civil Code. Airport shall notify Renter of
abandonment in accordance with Section 1951.3 of the California Civil Code.
8. SECURITY DEPOSIT: Simultaneous with the execution of this Rental Agreement, Renter shall
deposit an amount equal to one and a half (1.5) times the Monthly Rent with the Director of
Airports as a security deposit ("security Deposit"). Upon termination of this Rental
Agreement, Airport shall have the right to use the Security Deposit, or any portion of it: (1) to
cure any breach or default of this Rental Agreement by Renter; (2) to repair damages to the
premises caused by the Renter or by Renter's,officers, employees,agents,guests, or invitees,
or (3) to clean the premises upon expiration or termination of the tenancy. Within thirty (30)
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days after Renter has terminated this Rental Agreement and vacated the T-Hangar, Airport
shall return the Security Deposit to Renter,without interest, minus any deductions permitted by
law.
9. UTILITIES: Renter shall pay its prorated share of all utilities used on the T-Hangar site
annually beginning after a utility base year as follows: Beginning on the first day of the next
calendar year after the first T-Hangar on the T-Hangar Site is occupied,Airport shall record the
amount of all utilities consumed on the entire T-Hangar Site during the following twelve (12)
month period. That twelve-month period shall be known as the "Utility Base Year," and
Airport's total cost of the utilities on the T-Hangar Site during the Utility Base Year shall be
known as "Airport's Utility Cost." Airport's utility cost shall be recalculated each twelve (12)
month period after the Utility Base Year. Upon determining Airport's utility cost each year,
Airport shall divide this number by the total number of T-Hangars on the T-Hangar Site. The
resulting number shall be known as "Renter's Utility Share." For example, if Airport's utility
cast is $10,000,00, then Renter's Utility Share will be $107.53 per year ($10,000.00 / 93 T--
Hangars = $107.53). Renter shall pay Renter's Utility Share immediately upon demand from
Airport.
10. PROHIBITED USES: The following uses of the T-Hangar are specifically prohibited and shall
be cause for the termination of this Rental Agreement:
A. Use of the T-Hangar for any commercial purpose, including, but not limited to, a charter
service as defined in FAA Part 135,or for aircraft.rental', servicing,or flight instruction;
B. Use of the T-Hangar as a place of residence;
C. Use or subletting of the T-Hangar for the storage of any aircraft not owned or leased by
Renter;
D. Use of the T-Hangar or surrounding property for the repairing, maintaining, building,
constructing, painting, servicing, or overhauling of any aircraft, motor vehicle, or other
equipment on a commercial basis;
E. Use of the T-Hangar or surrounding property for aircraft maintenance,other than normal
pre-flight maintenance and preventive maintenance, as defined in FAA Part 43,
Appendix A,and elsewhere in Federal Aviation Regulations;
F. Use of the T-Hangar for painting of any kind;
G" Use of the T-Hangar for fueling or defueling;
H. Use of the T-Hangar for any repair, servicing,or restoration of motor vehicles;
1. Use of the T-Hangar for the storage of gasoline, oil, explosive, and flammable liquids or
materials except in amounts and in containers,as approved in writing by the Director of
Airports and the Fire Marshal;
J. Use of the T-Hangar for any purpose that violates any existing or future Airport or other
applicable statute, ordinance, resolution, regulation, order, or policy or any,term or
provision of this Rental Agreement;
K. Use of the T-Hangar for the storage of any items not directly related to aircraft
operations and maintenance;
L. Use of the T-Hangar for storage of unairworthy aircraft as determined by the Director of
Airports;
M. Use of the T-Hangar for the storage of boats, motor vehicles, recreational vehicles, or
any other equipment or belongings inside or outside the T-Hangar, or elsewhere outside
of the T-Hangar at Buchanan Field Airport,without the written permission of the Director
of Airports,
N. Any other use of the T-Hangar prohibited by Airport in I its discretion.
11. PARKING: Renter's unattended motor vehicles, if any, shall be parked only in the T-Hangar
and only while the Aircraft is in flight or en route directly to or from a flight. Renter shall not
park or leave the Aircraft, the Alternate Aircraft, or motor vehicles or obstructions on the
taxiway or pavement outside the T-Hangar in a manner which the Director of Airports
determines interferes with access to adjacent T-Hangars. Failure to observe this parking
restriction will be cause for revoking Renter's ramp access.
12. MAINTENANCE AND REPAIRS: Renter shall maintain the premises in a clean and orderly
condition at all times. No credit shall be allowed Renter by Airport for the cast of any
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maintenance completed by Renter. Renter shall abide by, and shall ensure that.all others in
the T-Hangar abide by,the following rules:
A. All power tools used in the T-Hangar sha11 be in compliance with all federal, state and
local laws;
B. All flammable liquids or materials shall be used only in an appropriate manner, including
only when the T-Hangar doors are open to provide ventilation;
C. Any combustible materials shall be stored in metal T-Hangar only UL approved
containers,which are closed when not in use, and no combustible materials of any kind
shall be stored in the Shade Hangar or in adjacent areas;
D. There shall be no open flames in the T-Hangar at any time;
E. There shall be no smoking in the T-Hangar at any time;and
F. Renter shall maintain the "No Smoking" signs installed by Airport in the T-Hangar at all
times.
13. SIGNAGE: No signage shall be installed on the premises without the prior written consent of
the Director of Airports.
14. -ALTERATIONS:
A. Renter shall not paint, remove, deface, modify, bend, drill, cut, or otherwise alter any
part of the T-Hangar without the prior written consent of the Director of Airports.
B. Renter shall not install any fixtures or make any alterations or additions, or permit any
additions or alterations to be made, in or on the premises without obtaining the prior
written consent of the Director of Airports.
C. Renter shall not use high voltage electrical equipment or machinery in or about, modify
existing wiring in, or install additional electrical outlets or fixtures in the T-Hangar without
the prior written consent of the Director of Airports.
D. Renter shall not attach any hoisting or holding mechanism to any part of the T-Hangar
or pass any such mechanism through any part of the struts or braces of the T-Hangar.
For purposes of this Rental Agreement, a hoisting or holding mechanism shall be
deemed to include, but shall not be limited to, a chain-ball, block and tackle, or other
hoisting device.
If the consent of the Director of Airports is sought for any alterations proposed for the T-
Hangar, Renter shall submit a plan of the proposed alteration to the Director of Airports,
along with Renters written request for said approval. Subsequent to the Director of
Airports approval, Renter must obtain approval (via permit) from the Contra Costa
County Building Inspection Department for said improvements.
All fixtures installed in or on, as well as all additions or alterations made to, the T-
Hangar shall become Airport's property and shall remain in the T-Hangar at the
termination of this Rental Agreement, however terminated,without compensation of any
kind to Renter, unless directed in writing by the Director of Airports to be removed and
the premises returned to original condition at the sole cost of Renter. Director of
Airports may require an additional Security Deposit as outlined in Section 5.
15. ASSIGNMENT OR SUBLETTING: Renter shall not assign this Rental Agreement, or any
interest therein, and shall not sublet the T-Hangar, or any part thereof or any right or privilege
appurtenant thereto, without the prior written consent of the Director of Airports in each
instance. Any assignment or subletting without the prior written consent of the Director of
Airports shall be void and, at the sole option of Airport, shall terminate this Rental Agreement.
Any assignment of Renter's interest under this Rental Agreement, by operation of law or
otherwise, without the prior written consent of the Director of Airports, is a prohibited
assignment under this Rental Agreement. The parking of aircraft not owned or leased by
Renter, as described in Section 5. above in the T-Hangar shall constitute a subletting for
purposes of this Section 15. Consent by the Director of Airports to one assignment or sublet
shall not be deemed to be a consent or waiver as to any subsequent assignment or sublet.
16. HOLD HARMLESS: Renter shall defend, indemnify, save, and hold harmless Airport and its
officers, agents, employees, and contractors from any and all claims, costs,and liability for any
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damages, sickness, death, or injury to any person(s)or property, including without limitation all
consequential damages, from any cause whatsoever arising out of or relating, directly or
directly, to this Rental Agreement, the tenancy created under this Rental Agreement; the
premises, or the operations of Renter or of anyone.claiming to be acting on behalf ofor with
Renter under this Rental'Agreement, save and except claims or litigation arising through the
sole negligence or sole willful misconduct of Airport. This Section '16. shall survive any
expiration or termination of this Rental Agreement.
17. INSURANCE: Renter shall certify that the following insurance coverages are in effect prior to
the commencement of the Rental Agreement and shall maintain said coverage in full force and
effect until the expiration or termination of this Rental Agreement:
A. Aircraft Hull and Liability Insurance for no Tess than replacement cost value of
the aircraft to be stored in the hangar covered,by this Rental Agreement and $1 million
of liability covering injury to persons and damage to property caused by the ownership,
operation or use, including the use of the hangar covered by this Rental Agreement, of
said aircraft.
The insurance shall be written by a qualified company in a form
acceptable by the Director of Airports. Renter shall provide the Director of
Airports with a Certificate of Insurance, signed by an authorized
representative of the insurance company, containing the following
provisions:
• The County of Contra Costa, its officers, agents, employees and contractors
are endorsed to be an additional insured as respects the liability coverages afforded.
• A waiver of the insurance company's right to subrogate against the County of
Contra Costa, its officer, agents, employee and contractors for any loss of or
damage to the aircraft covered by the insurance.
A thirty(30)day prior notice of cancellation of the insurance that is to be sent
to the Director of Airports.
18. SUR-RENDER: Upon the expiration or termination of this Rental Agreement, Renter shall
immediately surrender possession of the T-Hangar to Airport and shall remove the Aircraft or
the Alternate Aircraft and all personal property from the premises. Upon such surrender of
possession, Renter shall leave the premises in a neat, clean, and orderly condition, allowing
for ordinary and normal usage during occupancy, and shall immediately reimburse Airport as
Additional Rent the cost to repair any damage to the premises caused by Renter's use.
10. AIRPORT VEHICLE ACCESS: The Director of Airports may designate in writing Renter's
vehicle route and method of ingress to and egress from the Buchanan Field Airport.
20. SECURITY: Renter shall be solely responsible for all on-site security regarding the T-Hangar.
Airport shall have no obligation to provide security for the premises and shall not be liable for
any loss of or damage to any of Renter's property by theft or otherwise and shall not be
responsible for the security of Renter's Aircraft or Alternate Aircraft.
Renter shall abide by applicable provisions of the Airport's Security Plan("ASP"). From time to
time the ASP may be modified or updated. This may place additional restrictions,
requirements, and responsibilities on the Renter. An automated security access control
system currently limits access to Airport. only those persons authorized in writing by the
Director of Airports are permitted to have access to Airport property. Renter and Renter's
officers, employees, agents, guests, and invitees must abide by posted security rules. Should
any of these security rules be violated, it may be cause for termination of this Rental
Agreement,with any fines levied being the responsibility of Renter.
21. LOCKS: Airport shall provide Renter with a padlock and two (2) keys for the T-Hangar.
Renter shall pay Airport $50.00 as a refundable deposit for the use of the padlock and keys,
which deposit shall be returned to Renter without interest within two weeks after said lock and
keys are returned undamaged to Airport upon the expiration or termination of this Rental
Agreement, Renter shall not lock the T-Hangar with any lock other than the one supplied by
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Airport, nor shall Renter use any other method or device to restrict access to the T-Hangar
without the prior written consent of the Director of Airports.
22. TAXES: Renter shall pay all taxes,assessments, or charges that may at any time be levied by
any public entity on the use of the T-Hangar or on any possessory interest that Renter may
have under this Rental Agreement. Renter understands and acknowledges that, in accepting
this Rental Agreement, its interest therein may be subject to a possessory interest tax imposed
by the Contra Costa County Assessor. A renter of the premises on January 1 of each year
shall be liable for the full payment of this possessory interest tax even if that renter
subsequently vacates the premises during that year.
Any such payments of taxes, assessments,or charges by Renter shall not reduce any Monthly
Rent or Additional Rent or other moneys due Airport, and said payments shall be the liability
of, and shall be paid promptly by, Renter when due.
23. WASTE, QUIET CONDUCT,AND HAZARDOUS_MATERIALS:
A. Renter shall not commit, or suffer to be committed, any waste upon theremises or any
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nuisance or other act or thing that may disturb the quiet enjoyment of the use of
Buchanan Field Airport or surrounding property.
B. Renter shall provide, as necessary, a separate drainage, collection, and/or separation
system to ensure that no untreated liquid waste from any type of operation not permitted
to be discharged directly into the Airport storm drainage or sanitary system, including
aircraft cleaning and oil change operations, will enter the Airport storm drainage or
sanitary system.
C. Renter shall at all times comply with all applicable statutes, ordinances, resolutions,
regulations, orders, and policies of federal, state, and local government agencies with
jurisdiction over Buchanan Field Airport, including, but not limited to, the County of
Contra' Costa, the Central Contra Costa Sanitary District, the San Francisco Bay
Regional Water District, and the San Francisco Bay Regional Water Quality Board.
D. Renter shall not permit any activity on the premises that directly or indirectly produces
unlawful amounts or levels of pollution, including, but not limited to, gases, particulate
matter, odors, fumes, smoke, dust, water pollution, noise, glare, heat emissions,
electronic or radio interference with navigational and communication facilities for the
operation of the Buchanan Field Airport and for use by aircraft, trash or refuse
accumulation, vibration, prop-wash, jet blast, or any other activity that is hazardous or
dangerous by reason or risk of explosion,fire,or harmful emissions.
E. Definition of "Hazardous Material." As used in this Rental Agreement, the term
"Hazardous Material" shall mean any hazardous or toxic substance, material, or waste
at any concentration that is or becomes regulated by the United States, the State of
California, or any local government authority having jurisdiction over the premises.
Hazardous Material includes, but is not limited to: (1) Any "hazardous substance," as
that term is defined in the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (CERCLA) (42 United States Code sections 9601-9675); (2)
Any "hazardous waste," as that term is defined in the Resource Conservation and
Recovery Act of 1976 (RCRA) (42 United States Code sections 6901-6992k); (3) Any
pollutant, contaminant, or hazardous, dangerous, or toxic chemical, material, or
substance, within the meaning of any other applicable federal, state, or local statute,
ordinance, resolution, regulation, order, policy, or requirement, including consent
decrees and administrative orders imposing liability or standards of conduct concerning
any hazardous, dangerous, or toxic waste, substance, or material, now or hereafter in
effect; (4) Any petroleum product; (5) Any radioactive material, including any source,
special nuclear, or byproduct material as defined in 42 United States Code sections
2011-22978-4; (6) Any asbestos in any form or condition; and (7) Any polychlorinated
biphenyls (PCBs)and any substances or any compounds containing PCBs.
F. Use of Hazardous Material. Renter shall not cause or permit any Hazardous Material,
as defined in this Section 23.to be generated, brought onto, stored, or disposed of in or
about the premises by Renter or its officers, employees, agents, contractors, guests, or
invitees, except for limited quantities of standard office and janitorial supplies containing
chemicals categorized as Hazardous Material. Renter shall: (1) Use, store, and dispose
of all such Hazardous Material in strict compliance with all applicable statutes,
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ordinances, resolutions, regulations, orders, and policies in effect during the term of this
Rental Agreement that relate to public health and safety and protection of the
environment ("Environmental Laws"), including those Environmental Laws identified
in this Section 24. and (2) Comply at all times during the term of this Rental Agreement
with all Environmental Laws.
If, during term of this Rental Agreement, including any extensions, Renter becomes
aware of; (a) any actual or threatened release of any Hazardous Material on, under, or
about the premises or (b) any inquiry, investigation, proceeding, or claim by any
government agency or other person regarding the presence of Hazardous Material on,
under, or about the premises, Renter shall give Airport written notice of the release or
investigation within five (5) days after learning of it and shall simultaneously furnish to
Airport copies of any claims, notices of violation, reports, or other writings received by
Renter that concern the release or investigation.
G. Indemnification. Renter shall, at Renter's sole expense and with legal counsel
reasonably acceptable to Airport, indemnify, defend, and hold harmless Airport and
Airport's officers, employees, agents, and contractors with respect to all losses arising
out of or resulting from the release of any Hazardous Material in or about the premises
or the violation of any Environmental Law by Renter or Renter's officers, employees,
agents, contractors, guests, or invitees. This indemnification applies whether or not the
concentrations exceed state.or federal maximum contaminant or action levels or
whether any government agency has issued a cleanup order. This indemnification
includes: (1)Losses attributable to diminution in the value of the premises; (2)Loss or
restriction of use of rentable space in the.premises; (3)Adverse effect on the marketing
of any rental space in the premises; and (4) All other liabilities, obligations, penalties,
fines, claims, and actions, including, but not limited to, remedial or enforcement actions
of any kind and administrative or judicial proceedings, orders or judgments, damages,
including consequential and punitive damages, and costs, including attorney,
consultant, and expert fees and expenses, resulting from the release or violation.
This indemnification clause shall survive any expiration or termination of this Rental
Agreement.
H. Remediation Obligations. If,the presence of any Hazardous Material brought
onto the premises by Renter or Renter's officers, employees, agents, contractors,
guests, or invitees results in contamination of the premises, Renter shall promptly take
all necessary actions to remove or remediate such Hazardous Materials whether or not
they are present at concentrations exceeding state or federal maximum concentration or
action levels or whether any government agency has issued a cleanup order, at
Renter's sole expense, to return the premises to the condition that existed before the
introduction of such Hazardous Material. Renter shall first obtain Director of Airports
written approval of the proposed removal or remedial action. This provision does not
limit the indemnification set forth in this section 23.
24. AIRPORT'S RIGHT OF ENTRY: Airport reserves the right to enter the premises for the any
lawful purpose, including but not limited to the inspection of the premises, investigation of
suspicious or illegal activity, and the repair, maintenance, restoration, reconstruction of the
premises, or removal of any part or parts of the premises, that in the opinion of Airport are not
in a safe, healthy, or satisfactory condition or are in violation of this Rental Agreement or any
applicable statute,ordinance, resolution, regulation,order, policy or lease.
Except where Airport determines emergency conditions exist, Airport shall give written notice
to Renter twenty-four (24) hours prior to entering Renter's T-Hangar, specifying the date and
time of such entry. Whether or not Renter can be present,Airport shall have the right to enter
the T-Hangar on the day and time specified in the notice. Airport shall have the right to enter
the T-Hangar at any time without prior notification if Airport deems necessary for emergency
purposes.
If such entry by Airport discloses that Renter's T-Hangar, or any part thereof, is not in a safe,
healthy, or satisfactory condition or is in violation of this Rental Agreement or any applicable
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statute, ordinance, resolution, regulation, order, policy or lease, Airport may, at its sole option
and discretion, (1) perform such repairs, maintenance, restoration, reconstruction-or removal
as is necessary in the opinion of Airport to restore the premises to a condition satisfactory to
the Airport, at Airport's expense; or (2) provide written notice to Renter of such conditions or
violations and require Renter to cure or correct any or all such conditions,at Renter's expense.
In the event that Renter fails to cure or correct such conditions as directed by Airport within
three (3) days, Airport may thereafter have any necessary repairs, maintenance, restoration,
reconstruction, or removal done for Renter, at Renter's expense. Upon delivery by Airport to
Renter of a statement of the cost of such repairs, maintenance, restoration, reconstruction or
removal, Renter shall promptly pay, as Additional Rent, any and all costs incurred by Airport,
.including,without limitation, the reasonable expenses of Airport in having such necessary work
done to keep the T-Hangar in a safe, healthy, and satisfactory condition, and to keep the T-,
Hangar free from violations.
25. GENERAL PROVISIONS:
A. Airport reserves the-right to further develop or improve Buchanan Field Airport as it sees
fit regardless of the desires or}views of Renter and without interference or hindrance
from Renter.
B. Airport reserves the right to take any action it considers necessary to protect the aerial
approaches of Buchanan Field Airport against obstruction.
C. The failure or delay of Airport to strictly enforce any or all of the terms and conditions of
.this Rental Agreement shall not operate as, or be deemed, a waiver of any rights or
remedies accruing by law or by this Rental Agreement to Airport by reason of any
subsequent breach.
D. if any provision in this Rental Agreement is held to be invalid by any court of competent
jurisdiction, the invalidity of any such provision shall not materially prejudice either
Airport or Renter regarding their respective rights and obligations contained in the valid
provisions of this Rental Agreement,which shall otherwise remain effective and binding.
E. Subject to provisions in this Rental Agreement on assignment and subletting, the terms
and conditions of this Rental Agreement shall apply to and bind all Renter's successors-
in-interest regardless of the legal title of said successors-in-interest.
26. LAWFUL CONDUCT: Renter shall obey and observe, and shall ensure that all persons
entering upon the premises obey and observe, all the terms and conditions of this Rental
Agreement and all statutes, ordinances, resolutions, regulations, orders, and policies now in
existence or adopted from time to time by the United States,the State of California,the County
of Contra Costa, and other government agencies with jurisdiction over Buchanan Field Airport
relating to the use of the premises and applicable thereto, including, but not limited to,statutes,
ordinances, resolutions, regulations, orders, and policies with respect to health, safety, fire,
police, and the environment. Failure to follow such statues, ordinances, resolutions,
regulations, orders, and policies as well as the terms and conditions of this Rental Agreement
shall be a material breach of this Rental Agreement.
Renter shall be responsible for paying any fines or charges that may be levied by any
government agency for any violation of said statutes, ordinances, regulations, orders, and
policies arising out of the operations of Renter or its officers, employees, agents, contractors,
guests, or invitees.
27. DEFAULT: The parties consider each and every term, covenant and condition of this Rental
Agreement to be material and reasonable. In the event that Renter (1) makes a general
assignment for the benefit of creditors; (2) files a voluntary petition in bankruptcy or is
adjudicated as bankrupt; (3) loses possession of the premises by means of any attachment,
execution or receivership; (4) abandons the premises; or -(5) otherwise defaults in the
performance of any other term, covenant or condition of this Rental Agreement,Airport may, at
its option, serve a three-day notice specifying the nature of the default and demanding that
Renter cure the default if the default can be cured. If Renter fails to cure a curable default
within three-day period or if the default is not curable, Airport at its option may exercise any
and all remedies available to Airport under law or equity, all of such rights and remedies to be
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cumulative and not exclusive, and may declare that the tenancy is terminated and that all of
Renter's rights under this Rental Agreement are forfeited.
28. CUMULATIVE RIGHTS AND REMEDIES: The rights and remedies with respect to any of the
terms and conditions of this Rental Agreement shall be cumulative and not exclusive and shall
be in addition to all other rights and remedies at law or in equity. Each right or remedy shall be
construed to give it the fullest effect allowed in law.
29. NO CONTINUING WAIVER: The waiver by Airport of any breach of any of the terms or
conditions of this Rental Agreement shall not constitute a continuing waiver or a waiver of any
subsequent breach of the same or of any other terms or conditions of this Rental Agreement.
The receipt by Airport of any Monthly Rent or Additional Rent with knowledge of the breach of
any term or condition of this Rental Agreement shall not be deemed to be a waiver by Airport,
unless such waiver is specifically expressed in writing by the Director of Airports. No payment
by Renter or receipt by Airport of a lesser amount than the Monthly Rent or Additional Rent
due shall be deemed to be other than a payment on account of such rents and shall not be
deemed a waiver of notice of termination and of forfeiture of this Rental Agreement.
30. NOTICES:
A. All notices (including requests, demands, approvals, or other communications) under
this Rental Agreement shall be in writing.
B. Notice shall be sufficiently given for all purposes as follows: (1)When mailed by United
States first class mail with postage prepaid, notice shall be deemed delivered three (3)
business days after deposit in the United States mail. (2)When mailed by certified mail
with return receipt requested, notice shall be deemed delivered on receipt if delivery is
confirmed by a return receipt. (3)When delivered by overnight delivery by a nationally
recognized overnight courier, notice shall be deemed delivered one (1) business day
after deposit with that courier. (4)When personally delivered, notice shall be deemed
delivered on the date personally delivered.
C. The place for delivery of all notices given under this Rental Agreement shall be as
follows:
Renter:
Airport: Director of Airports
Public Works Department
Contra Costa County
550 Sally Ride Drive
Concord, CA 94520
or to such other address as Renter and Airport may respectively designate by written notice to the
other.
31. ENTIRE AGREEMENT: This Rental Agreement contains the entire agreement between the
parties relating to the rights herein granted and the obligations herein assumed and supersedes all
other agreements between the parties on the subject matter of this Rental Agreement. No alterations
or variations of this Rental Agreement shall be valid unless they are in writing and signed by Airport
and Renter.
32. CHOICE OF LAW: This Rental Agreement shall be interpreted and enforced under the laws
of the State of California,with venue in the Superior Court of Contra Costa County, California.
33. TIME IS OF THE ESSENCE for each provision in this Rental Agreement.
AIRPORT RENTER
COUNTY OF CONTRA COSTA
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i
By By
Director of Airports
Print Name
RECOMMENDED FOR APPROVAL:
By By
Keith Freitas
Assistant Director of Airports
Print Name
Approved as to Form.
Silvano B.Marches!
County Counsel
By By
Linda Wilcox
Deputy County counsel
Print Name
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Exhibit A
RENTER AND AIRCRAFT INFORMATION FORM
1. RENTER INFORMATION:
Name: %of aircraft owned or leased:
Address:
City State . Zip
Home Phone: Work Phone:
Drivers License Number State
2, AIRCRAFT INSURANCE CARRIER:
Name and Address of Broker:
Phone Number:
3. AIRCRAFT INFORMATION: The following information pertains to the aircraft to be stored in the hangar.
Manufacturer: Model: A/C#
4. AIRCRAFT REGISTERED TO:
NAME:
ADDRESS:
City State Zip
Home Phone: Work Phone:
5. SPACE ASSIGNMENT: T-Hangar Space#:
6. T-HANGAR LOCK:
Lock# Number of keys issued: Date:
Renter initials: Airport initials:
7. CO-RENTER INFORMATION(if applicable):
A. Name: %of aircraft owned or teased:
Address:
City State Zip
Home Phone: Work Phone:
Driver's License Number State
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b
{Mid:
B. Name: %of aircraft owned or leased:
Address:
City State Zip
Home Phone: Work Phone:
Driver's License Number State
C. Name: %of aircraft owned or leased:
Address:
City State Zip
Home.Phone: Work Phone:
Driver's License Number State
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