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HomeMy WebLinkAboutMINUTES - 04172007 - C.13 TO: BOARD OF SUPERVISORS Contra FROM: KEITH FREITAS, DIRECTOR OF AIRPORTS Costa DATE: April 17, 2007 rA, o---- . County SUBJECT: APPROVE AND AUTHORIZE TERMINATION OF T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT WITH MARK SPOWART, PACHECO AREA (DISTRICT IV) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE termination of T-Hangar and Shade Hangar Rental Agreement with Mark Spowart.AUTHORIZE County Counsel to pursue legal action. H. FINANCIAL IMPACT: There is no negative impact on the General Fund. The Airport Enterprise Fund will cover the cost of the Unlawful Detainer action. Continued on Attachment: X SIGNATURE: ✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE (S): ACTION OF BO 2.APPROVED AS RECOMMENDED_OTHER VOTE OF SUPERVISORS i/�� I hereby certify that this is a true and correct copy of an action taken UNANIMOUS(ABSENT N� AYES: NOES: and entered on the minutes of the Board of Supervisors on the date shown. ABSENT: ABSTAIN: a ATTESTED: Orig.Div: County Airports JOHN CULLEN Clerk of the Board of Supervisors and County Contact: Beth Lee(925)646-5722 M: CountyAdmitusatoor Administrator Public Works Director County Counsel By ,Deputy V �i SUBJECT: APPROVE AND AUTHORIZE TERMINATION OF T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT WITH MARK SPOWART. DATE: April 10, 2007 PAGE: 2 III. REASONS FOR RECOMMENDATION/BACKGROUND: On August 1, 2004, Contra Costa County Airports entered in to a T-Hangar Rental Agreement with Mark Spowart for use of T-Hangar#D-1, located on the East Ramp of Buchanan Field Airport. The agreed rent was $345.00 per month, payable on the first day of each calendar month. Mr. Spowart has not made a payment to the Airport since November 2006. He currently owes back rent in the amount of$1379.55,plus interest and late charges in the amount of$257.05 for a current total of$1636.60. All efforts to contact Mr. Spowart to resolve this issue were unsuccessful. On March 6,2007,the Airports served Mr. Spowart with a 10-Day Notice to Perform Covenant of Rental Agreement or Quit. Mr. Spowart did not pay the back rent pursuant to this 10-Day Notice and still remains in possession of the premises. Contra Costa County Airports request the Board of Supervisor's approval to allow County Counsel to file an Unlawful Detainer Action against Mr. Spowart to terminate the rental agreement and evict him from the premises so that we are compliant with our policies and may be able to make the hangar available to the next person on the Buchanan Field Airport T-Hangar waiting list. IV. CONSEQUENCES OF NEGATIVE ACTION: Failure to take this action would result in the loss of revenue to the Airport Enterprise Fund in the amount of $345.00 per month.