Agenda

Return

C.13

To:	Board of Supervisors
From:	Keith Freitas, Airports Director
Date:	April 21, 2009

Contra

Costa

County

Subject:

APPROVE and AUTHORIZE Execution of the Fifth Amendment to Lease with Concord Jet Services, Inc. at Buchanan Field Airport, Pacheco Area

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/21/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Beth Lee, (925) 646-5722

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: April 21, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Director of Airports, or designee, to EXECUTE, on behalf of the County, a fifth amendment to the lease between the County, as landlord, and Concord Services, Inc. (Concord Jet), as tenant.

FISCAL IMPACT:

There is no negative impact on the General Fund. The Airport Enterprise Fund will receive lease revenues and the County General Fund will continue to receive property, sales and possessory interest tax revenues from this business. The fifth amendment formalizes a fuel flowage fee agreement between the County and Concord Jet.

BACKGROUND:

Since 1999, Concord Jet has operated as a Fixed Based Operator (FBO) at Buchanan Field Airport under a lease it assumed from a previous tenant. The property subject to this lease is located at 500 Sally Ride Drive.

BACKGROUND: (CONT'D)

In April 2005, the Board authorized Airport staff to enter into a second lease with Concord Jet under which Concord Jet leased property immediately north of the first site. The second lease obligated Concord Jet to install a fuel facility either on the new lease site or on another Buchanan Field Airport location. The second lease also included a provision that established the fuel flowage fee to be paid by Concord Jet. (A fuel flowage fee is a surcharge that is paid to the Airport Enterprise Fund for every gallon of fuel sold on airport property.)

Concord Jet constructed the fuel facility on the site subject to the first lease, 500 Sally Ride Drive.

On May 20, 2008, Concord Jet assigned all of its rights, title and interests under the second lease to TDMC.

Concord Jet Services, Inc. has continued to operate the fuel facility located at 500 Sally Ride Drive. Concord Jet has also continued to faithfully pay the fuel flowage fee in accordance with the terms of the second lease.

The fifth amendment formalizes the fuel flowage fee provision as a part of the first lease. Under the terms of the amendment, the Airport Enterprise Fund will receive a fuel flowage fee equal $0.09 for every gallon of fuel pumped by Concord Jet. In addition, the proposed fifth amendment provides for future fee increases. The fuel flowage fee will be revalued in March 2010 and every five years thereafter throughout the term of the lease. This provision is intended to ensure that fuel flowage fee adjustments are applied uniformly to all Buchanan Field Fixed Base Operators.

The Aviation Advisory Committee and Airport Committee of the Board have both reviewed this matter and supported forwarding to the full Board for consideration.

CONSEQUENCE OF NEGATIVE ACTION:

If the lease amendment is not executed by the parties, Concord Jet will continue to operate a fuel facility at the airport, as permitted by the first lease, without having a specified fuel flowage fee.