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C. 7
To: Board of Supervisors
From: Director of Airports
Date: February  8, 2022
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: APPROVE AND AUTHORIZE TERMINATION OF HANGAR RENTAL AGREEMENT WITH THOMAS ELMENDORF, BYRON AREA

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   02/08/2022
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Beth Lee, 925-681-4200
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:     February  8, 2022
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Director of Airports to terminate the Hangar Rental Agreement with Thomas Elmendorf. AUTHORIZE County Counsel to pursue legal action.

FISCAL IMPACT:

There is no negative impact on the General Fund. The Airport Enterprise Fund will cover the cost of any legal action.

BACKGROUND:

  
On May 1, 2019, the County entered into a Hangar Rental Agreement (Agreement) with Thomas Elmendorf (Tenant) for use of Hangar #C-28, which is located at the Byron Airport. Because of his failure to pay rent in full, Tenant is currently in default under the Agreement.   





BACKGROUND: (CONT'D)
  
A Termination letter was mailed to Tenant on December 16, 2021. The letter informed Tenant that to avoid termination of the Agreement, payment in full of past due rent, then totaling $260, be delivered to the County by December 27, 2021. Tenant has been delinquent six times in the last 12 months.  
  
Airport staff is requesting authority to terminate the Agreement and to pursue legal action against Tenant through County Counsel. Such actions are consistent with adopted Airport policies.   

CONSEQUENCE OF NEGATIVE ACTION:

Failure to terminate the Agreement and pursue legal action against Tenant would result in the Airport being unable to enforce adopted Airport policies and procedures.

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