BACKGROUND:
In July 2015, the Airport entered into a license agreement for hangar and office space at Buchanan Field Airport with a company known as OverWatch Flight & Conditioning, dba OverWatch F/C. Under the license agreement, OverWatch F/C is permitted to operate a flight education and training business, with a limited fitness component, on the Airport. The license requires the business to be conducted in a manner that is consistent with the Federal Aviation Administration’s (FAA) definition of an aeronautical activity.
To ensure that the business being conducted is an aeronautical activity, the license requires OverWatch F/C to provide detailed quarterly reports to the Airport. The Airport received the second of the required reports on January 11, 2016. The report lacked sufficient detail to demonstrate satisfactorily, or to show substantial advancement toward demonstrating, that OverWatch F/C is complying with the use and purpose permitted under the license agreement. As a result, Airport staff requested additional information, which OverWatch F/C has declined to fully provide.
Under the license agreement, the County may terminate the license “at any time, for any reason, or for no reason, with or without cause, on fourteen (14) days written notice.” To ensure compliance with FAA requirements and to meet the needs of the aviation community, Airport staff is requesting authority to terminate OverWatch F/C’s occupancy of the subject property and to pursue legal action to regain possession of the real property if the tenant fails to vacate the premises within the time allowed.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to terminate OverWatch F/C’s occupancy could result in noncompliance with FAA requirements and diminish the hangar space available to the County’s aviation community.
CLERK'S ADDENDUM
Speaker: James Greninger, OverWatch Flight & Conditioning School.
This matter is RELISTED to July 12, 2016, with the understanding that it is expected that a minimum of 6 students will have successfully completed the course.