•
AGREEMENT
the County of Ventura, a political subdivision of the State of California, hereinafter referred to as COUNTY.
RECITALS
1. COUNTY owns and operates a general aviation airport
and abutting lands known as Camarillo Airport (AIRPORT), which was formerly known as Oxnard Air Force Base.
2. AIRPORT is located within the City Limits of CITY.
3. AIRPORT lands are partially developed with a mixture of commercial, industrial, aviation, and public facili- ties.
4. From time to time existing buildings may be rehabili- tated or renovated, and new buildings and other facili- ties constructed at AIRPORT.
5. Certain rehabilitation, renovation and new construction will be carried out by COUNTY, while certain other
rehabilitation, renovation and new construction work
will be carried out by private parties. Work carried
out by private parties and work carried out by COUNTY
for ultimate use by private parties within the area
outlined on the attached map (Exhibit A) and designated PRIVATE DEVELOPMENT area will be hereinafter referred
to as PRIVATE DEVELOPMENT. All other work shall be
referred to as COUNTY DEVELOPMENT.
6. CITY has enacted General Plan provisions, and building and zoning regulations, governing the development of
property within the City Limits which may be amended
from time to time.
7. building
8. It would be to the mutual benefit of CITY and COUNTY, and beneficial to the public at large, for rehabili-
cation, renovation, an‹ construction to conform
o uniform standards and regulations.
9. In consideration of the covenants and conditions herein contained, CITY and COUNTY agree as follows:
1985-4
•
•
SECTION I
COUNTY AGREES:
1. That PRIVATE DEVELOPMENT at AIRPORT shall conform to CITY's building and zoning regulations.
2. That rehabilitation, renovation, and new construction work at AIRPORT for COUNTY DEVELOPMENT will conform
to CITY's building and zoning regulations to the
extent COUNTY determines to be practicable.
3. That COUNTY will submit plans for rehabilitation,
renovation, anå new construction work at AIRPORT for
COUNTY DEVELOPMENT to CITY reasonably in advance of
time COUNTY plans to proceed with such work to allor
CITY to review, comment, and make suggestions pertain-
and suggestions
4. That applications for PRIVATE DEVELOPMENT shall be
submitted to the CITY in sufficient time to allow
processing in accordance with CITY procedures.
5. That PRIVATE DEVELOPMENI shall be subject to CITY
development fees, except for such fees related to
services provided by COUNTY at AIRPORT.
SECTION II
CITY AGREES:
1. That CITY will process and review all applications for PRIVATE DEVELOPMENT at AIRPORT in the same manner and
cations for saday eritated Land not eA
2. That CITY will issue building permits and conduct build- ing inspections for PRIVATE DEVELOPMENT at AIRPORT.
3. That CITY will not arbitrarily withhold issuance of
changes, or any other land entitlements
DEVELOPMENT at AIRPORT.
4. That CITY will expeditiously review plans and subnit comments and suggestions to COUNTY for COUNTY DEVELOP-
MENT.
-2-
5. mutant nspect to unite conducte
6. That COUNTY DEVELOPMENT shall be exempt from all CITY development fees.
SECTION III
1. This agreement may be terminated by the Board of Supervi- sors of COUNTy or the City Council of CITY, with or without cause, upon 60 days written notice by either party. Notice TO CITY: City Council of the City of Camarillo
City Hall
601 Carmen Drive
Camarillo, CA 93010
To COUNTY: Board of Supervisors of
the County of Ventura
Hall of Administration
800 S. Victoria Avenue
Ventura, CA 93009
IN WITNESS WHEREOF, the parties hereto have caused this agreement to their respective officers, duly
of the day, month, and year first hereinabove written.
COUNTY OF VENTURA CITY OF CAMARȚIIO
Pa Gener
By
Chair, Board of Supervisors Mayor
ATTEST: ATTEST:
RICHARD D. DEAN, County Clerk Makes Thiel
and Ex Officio Clerk of
Board of Supervisors of the Sty Clerk
County of Ventura, State of 11/10/844
California
OF
By Kathume M.Oles VENTU
R
Deputy County Clerk
LIFORNE
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PERIMETER ROAD -.50:1 AVIATION
CLEAR
REEATED®
ZONE -DEVELOPMENT
FUTURE MLS
AIR
E3 GUIDE SLOPE REIL
TACILTY 2 O MIDDLE MARKEA
"VASI- BEMI-FLUSH ALS AND ELASHER UNITS
HELICOPTER PARKING FAC.
75°×3500 Ft. (1.4 c.) A-HANGA
20:1
CLEAR ZONE
AIRCRAFT EXISTING AIRCE
TIE-DOI WNS AIRCRAFT TIE-DOWNS STORA
WORK ALLOCATED)
AIRCRAFT
IE-DOWN
• STORAGE AC.1
IRCRAFT
TORAGE
10.1 AC.)
CFR
• 0:000
. DING PROPOSED
TERMINAL INDUSTRIAL PARK
20 AG:
... - PRIVATE DEVELOPMENT Areal
EXHIBIT
County of Ventura
DEPARTMENT OF AIRPORTS
MEMORANDUM
Shirley Weeks, Clerk of the Board Date: February 7, 1985 To:
Austin Cline Reference No.:
From:
CAMARILLO AIRPORT-LEASE AGREEMENT
Subject: BUILDING 119 - JACKSON MCGOON AIRCRAFT CORP.
The subject lease agreement is forwarded for your
files.
ISS FEB 11 A4 9 54 RECEIVED
ARC: 11s
c.C.
Lease file (2)
(1/85) *
... DUPLICATE ORIGINAL
LEASE AGREEMENT
CAMARILLO AIRPORT
(Building 119)
I THIS LEASE, hereinafter called "Agreement" is made and entered into by and between:
COUNTY OF VENTURA
hereinafter called "County", and
Jackson McGoon Aircraft Corporation
hereinafter called "Tenant"
9 The parties agree that:
I. 9 PROPERTY LEASED. County hereby leases to Tenant and Tenant hereby rents
called "Premises", located on the
hereinafter called "Airport".
scribed as follows:
The eastern two bays of Building 119, containing 8800
square feet, and 1280 square feet of office space as
depicted on Exhibit "A".
9 The Premises are more particularly shown on Exhibit "A" which is attached hereto and made a part hereof by reference.
II. I TERM AND OPTION
A. Term. The term of this Agreement is two (2)
year (s), commencing January 1, 1985, and
terminating on December 31, 1986.
B. ¡ Option: for Tenant may, at its option, extend this areement three additional one-year periods.
Each period shall commence on the day • following the
termination of the preceding term, and I shall termi-
nate one year after the termination of the preceding
term. The option for each period shall be exercised
separately by Tenant giving County written notice at
. • least sixty days prior to the commencement of each
option period.
I All rent for the option tenancy shall be adjusted
to reflect the rate, as set forth in the Fent and Fee
Schedule adopted by the Board of Supervisors, that is
in effect on 'the commencement of each option period.
I All other terms and conditions of this Agreement
shall remain unchanged.
III. I HOLDOVER. If Tenant holds possession of the Premises after the expiration of the term of this Agreement, OI any extension thereof, with consent of County, either expressed or mplied, Tenant shall become a tenant from month to month. All rent (s) for said holdover tenancy shall be adjusted to reflect the rate, as
over. All bener tomas and conditions of
the Holdover. All other terms and conditions of this Agreement shall remain unchanged.
IV. 9 USE. The Premises shall be used for the following specified purpose and shall not be used for any other purpose without first obtaining the written consent of Director of Property Administration Agency, hereinafter referred to as "Director".
Purchase, restoration, storage, sales and operation of
vintage aircraft.
V. 9 USE OF AIRPORT FACILITIES. Tenant shall have the non- exclusive right to the use of the runways and taxiways of the Airport, the public waiting rooms, restrooms, and other public places in the Airport, the roadways and landing aids, and other public facilities provided by the County.
VI. I RENT. $2,384.00
VII. I FAILURE TO PAY WHEN DUE. If money payable to County as a condition of this Agreement is not paid prior to ten (10) days after due date, a fee of two percent (28) of the amount due and unpaid, except that such fee shall not be less than Twenty-five Dollars : ($25.00), may • be added to the amount due and such total sum shall be due and payable to County as of the criginal delinquency date. further fee in the same amount • be added for each thirty (30) day period following addition of the fee, until paid.
VIII. 9 ALTERATIONS BY TENANT. Tenant may make improvements, alterations or additions to the Premises, provided, however, that approval of such improvements, alterations or additions must be obtained in advance in writing from the Director. All improvements, alterations and additions shall conform with the then current Design Criteria for Construction and
Specifications for Construction and Maintenance by Lessee, as may be amended from time to time.
IX. SIGNS AND ADVERTISING. Tenant shall not erect or
display, or permit to be erected or displayed, on the Airport or to the exterior of the buildings on the Premises, any signs or advertising matter of any kind without first obtaining the written consent of the Director.
X. I DELAY IN DELIVERY OF POSSESSION. If County, for any reason whatsoever, cannot deliver possession of the Premises on the date of commencement of the term of this Agreement, rent for the period between said date and the date that County can deliver possession shall be prorated and deducted from the rent due under this Agreement. The term of the Agreement shall not be extended by such delay. If possession is not delivered within 45 days after the commencement of this Agreement, Tenant may • terminate this Agreement by so advising County in writing.
XI. | EMPLOYEE INFORMATION. Tenant shall provide and keep current in the Airport Supervisor's Office a list key of employees and their telephone numbers for emergency purposes.
XII. I SECURITY DEPOSIT. Tenant shall provide County with, and at all times thereafter maintain, a security deposit in the amount of three times the monthly rent.
adjusted periodically and concurrently with any adjustments to rent. public entity governed by the Ventura
County Board of Supervisors, a security deposit will not be reguired.
I The security deposit shall take one of the forms set out below and shall guarantee Tenant's full and faithful perfor- mance of all the terms, covenants, and conditions of this Agreement.
A. I Cash
B. 9 The assignment to County of a savings deposit held in a financial institution in Ventura County accep-
table to County. Such assignment shall consist of
delivery to County of the original passbook for such
savings deposit and execution and delivery of a
written assignment of said deposit to County on a
form approved by County.
C.. 9 A renewable Time Certificate of Deposit from a
financial institution in Ventura County wherein the
principal sum is made payable to County or order.
financial institution and the form of the
certificate must be approved by County.
D. 9 A renewable instrument of credit from one or more
financial institutions, subject to regulation by the
State Federal Government, pledging that funds
necessary to secure performance of the Agreement
terms, covenants, and conditions are guaranteed for
payment, and agreeing that the funds shall secure
Tenant's performance and that all or any part shall
be paid to Counti or order upon demand by County.
oth the financial institution (s) and the • form of the instrument (s) must be approved by County.
E. I A Bond issued by a responsible surety, company
qualified to do business in California, provided:
1. I The Bond is automatically renewable and
alteration or termination of Bond shall first
require 30 day prior written notice to County.
2. County of deposit amount upon
receipt of written demand from County.
9 Regardless of the • form in which Tenant elects to make the security deposit, all or any portion of the principal sum shall be available unconditionally to County for
correcting any default or breach of this Agreement by
Tenant, his successors or assigns or for payment of
expenses incurred by County as a result of the failure of Tenant, his successors or assigns, to faithfully perform all the terms, covenants, and conditions of this Agree- ment.
I Should Tenant elect to assign a savings deposit to
County, provide a Time Certificate of Deposit, or provide an instrument of credit to fulfill the security deposit requirements of this Agreement, the assignment, certifi- cate, or instrument shall have the effect of releasing the depository or issuer therein from liability on account of the payment of any or all of the principal
or order upon demand by County.
into by the Tenant with a financial institution to estab- . lish the deposit necessary to permit assignment or issu- ance of a certificate
payment to Tenant or order of interest accruing on account of the deposit.
9 If at any time during the term of this Agreement, any rent or other sum payable to County shall be overdue and unpaid, County may, at County's option, apply any portior of this security deposit to the pavment of any overdue
rent or other sums due and payable to County under this Agreement.
9 Should the entire security deposit, or any portion
thereof, be appropriated and applied by County for the
payment of overdue rent or such other sum due and payable to County by Ienant, then Tenant shall, within thirty (30) days after written demand by County, restore the security deposit to the required amount.
I Tenant shall maintain the required security deposit
throughout the term of this Agreement. Failure to do so shall be deemed a default and shall be grounds for immedi- ate termination of this Agreement.
tea an end en a green prov 4 renant 16
not then default and has performed its obligation
required to be performed upon termination.
XIII. 9 INSURANCE
A. 9 Tenant, at its own expense, shall procure and
maintain with respect to the Premises and operations
conducted therein adequate insurance of the types and
in amounts not less the minimum limits specified
below:
1. 9 Comprehensive General Premises and Contract
Liability Insurance with minimum limits for
injury Million Dollars
bod, 000,000y aggregate for eachundred ence, and
for property damage, Three Hundred Thousand
Dollars ($300,000) for each accident.
2. I Aircraft and Airport Operations Liability
Insurance with a minimum combined single limit
for bodily injury and property damage of Three
Hundred Thousand ($300,000) plus Fifty
Thousand Dollars ($50,000) for each passenger
seat total of One Million Dollars
581,000,000%.
3. 9 Products and Completed Operations Liability
Insurance with minimum limits for bodily injury
of One Hundred Thousand Dollars ($100,000) fox
each person and Three Hundred Thousand Dollars
($300,000) for each occurrence, and for property
damage, One Hundred Thousand Dollars ($100, 000).
4. I Hangar Keepers Liability Insurance with
minimum limits of Five Hundred Thousand Dollars
($500,000) for any one aircraft and One Million
Dollars ($1,000,000) for any one occurrence.
5. I Fire Legal Liability Insurance with a minimum
limit One Hundred Thousand Dollars
($100,000).
6. I Business Interruption Insurance with a minimum
limit of one hundred percent (100%) of loss of
income for a six (6) month period.
B. 9 Tenant shall furnish to County a certificate of
insurance from an insurer admitted to do business il
of California, which certificate shal:
verify that Tenant carries the insurance as required
herein. The certificate shall verify that:
1. I County is named as an additional insured, and
2. 9 The insurance shall not be cancelled nor
terminated without thirty (30) days' prior
written notice given to County, and
3. I Any and all policies including excess policies
shall be primary to any and all valid coverage
provided to the County.
I The insurance coverages shall contain within the
policy a "broad form" of liability coverage, inclu-
any liability arising from contractual agree-
including leases, or there shall be attached
thereto an endorsement providing such coverage.
XIV. 9 TAXES AND ASSESSMENTS. A taxable possessory interest may be created by this Agreement and Tenant may be subject to the payment of property taxes levied on such interest.
Tenant shall pay, before delinquent, any and all taxes and assessments levied the Premises or against Tenant by
reason of Tenant's use and occupancy of the Premises.
XV. 9 UTILITIES
A. I Tenant expressly waives any and all claims against County for compensation for any and all loss
damage sustained by reason of any defect, deficiency,
or impairment of any water supply system, drainage or
sewer system, gas supply system, telephone system,
electrical supply system, or electrical apparatus or
serving the Premises.
B. * Tenant shall pay connection fees and charges for
including but not limited to water,
sewer, electrícity, heating fuel, telephone, or any
reguired by Tenant. The cost of any
utility furnished by County through a master meter
system shall be determined by County and shall be
paid by Tenant : to County within fifteen days after
billing therefor. If Premises are not served by a
separate meter for electricity service, Tenant shall
at its own expense have a separate electric meter
installed within sixty days after the commencement of
the term of this Agreement.
I JANITORIAL SERVICES. shall provide all jani-
torial services and supplies at Tenant's sole expense. Tenant shall also maintain the Premises at all times in a neat, clean, orderly and safe condition.
I TRASH AND RUBBISH SERVICES. Tenant shall provide, at
Tenant's sole expense, proper containers for and the regular collection of all trash and rubbish materials generated from or accumulating on the Premises.
XVIII. I COOPERATION BETWEEN TENANTS. The Tenant shall
cooperate with all other tenants of the County who will be operating enterprises on the Airport and shall conduct its operations to avoid interference with the operations of tenants. Any difference or conflict which may arise
the Tenant and other tenants will be adjusted and
determined by the Director. If the operations of the Tenant • impaired because any acts or omissions of such other
tenants, the Tenant shall have no claim against the County on that account.
I The Tenant shall participate in and give financial support to an Association of Tenants which shall be formed to promote the welfare all business entities operating at the
Airport. The Director shall convene the organization meeting of the Association and shall serve ex officio as a member of the governing • of the Tenant Association. The financial support provided by each tenant to the Association program that proportion which his minimum rent payable each
year to the County bears to the total of all tenants' minimum for that year but in any case Tenant shall not be re-
quired to participate in an amount exceeding 20 percent (20%) of the minimum rent payable by Tenant for that year.
tenant shall have voting rights in the affairs of the Associa- in the same proportion as his prescribed financial sup- XIX. I REPAIRS AND MAINTENANCE BY COUNTY. No repairs of any nature will be performed by County unless deemed necessary and in the best interest of County.
XX. I REPAIRS AND MAINTENANCE BY TENANT. Tenant accepts the Premises in the present condition and repair, and shall make repair and modification necessary comply with all
applicable building codes and • regulations except maintenance and repair specifically required under this Agreement to be performed by the County. Tenant shall maintain the Premises in as good condition as they were when Tenant first received possession thereof, excepting reasonable wear and tear, and shall make all repairs and replacements necessary to that end.
Tenant shall also maintain any lawns, landscaping, walkways, and parking areas within Premises to • the satisfaction of the Director.
XXI. I ENTRY BY COUNTY. County may enter upon the Premises at all reasonable times to examine the condition thereof, and for the purpose of providing maintenance and making such repairs as County is obliged to make, provided that such right shall not be exercised in such a manner as to unreasonably interfere with any business conducted by Tenant on Premises.
XXII. I COMPLIANCE WITH LAW. Tenant shall not use or permit the use of the Premises for an illegal or immoral purpose and shall comply with all federal, state and local laws and ordi- nances concerning the Premises and use thereof.
XXIII. I AIRPORT REGULATIONS. Tenant agrees to observe, obey and abide by all applicable laws, ordinances, field rules and other regulations for the common and joint use of airport facilities and for the maintenance and conduct of all its operations which are now or may hereafter be imposed or pro- mulgated by County, the Federal Aviation Administration, OI any other governmental agency having jurisdiction over the subject matter.
XXIV. I FIRE REGULATIONS. Tenant shall at all times comply with: all applicable laws, ordinances, and regulations per- taining to fire prevention, and shall furnish and keep adequate fire extinguishers in sufficient numbers and in convenient and i places on and in es
accessible places on The fire extinguishers
shall be charged and ready for immediate • use as required by fire regulations and applicable laws or ordinances.
receives an inspection notice or a deficiency
notice following an inspection by the Fire Department, Tenant grees to make any and all corrections in the manner require y the Fire Department within thirty (30) days after receipt o such notice.
XXV. FNVIRONMENTAL PROTECTION. Tenant shall take all
measures available to:
•A. 9 Avoid any pollution of the atmosphere or littering of Airport caused by or originating in, on, or about
Tenant's facilities.
B. I Keep the noise level on the Premises to a minimum
so that other tenants may effectively utilize other
and so that persons in the
general neighborhood will not be detrimentally
affected.
C. 9 Keep the lights on the Premises from emitting light that could negatively affect the operation of air-
craft or ground vehicles in the area.
XXVI. I ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Agreement, or any interest therein, and shall not sublet said Premises OI any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents and employees of Tenant excepted) to occupy or use the Premises, or any portion thereof, without the prior written
Director, but consent to the assignment of all of the Premises shall not be unreasonably withheld. A consent to one assign- subletting, occupation, or use by any other person shall be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. This Agree- ment shall not, nor shall any interest therein, be assignable, as to the interest of Tenant, by operation of law, without the written Director. Any assignment or subletting
without such consent shall be void, and shall, at the option of County, terminate this Agreement.
XXVII. I DOCUMENT PROCESSING FEE. Consistent with a Resolu- adopted by the Ventura County Board of Supervisors,
DOCUMENT PROCESSING FEE shall be paid by Tenant in accordance approved "Rent and Fee Schedules" for "Tenant
initiated" drafting and/or processing each Amendment, Assign- ment, Concurrence, Change of Ownership, Approval to Sublease, Extension of Lease Term, Option to Lease Addition, or other "Special Modification(s)".
I This Document Processing fee shall be deemed earned by County when paid and shall not be refundable. Said fee is construed as reimbursement of administrative costs pursuant to trans- action. County initiated documents excepted from
Processing Fee charges.
XXVIII. I INSOLVENCY OR BANKRUPTCY. If Tenant shall be ad- judged bankrupt or insolvent, this Agreement shall thereupon inmediately terminate and the same shall not be assignable by any process of law, be treated as an asset of the Tenant under such adjudication, nor shall it pass under the control of any trustee or assignee by virtue of any process in bankruptcy or insolvency or by execution or assignment for the benefit of creditors. It any such event occurs, this Agreement shall immediately become null and void and of no effect, and County may thereupon repossess the Premises and all rights of the Tenant thereupon shall cease and terminate.
XXIX. 9 CLAIMS AND PROTEST. During the reasonable hours, County, its agents or employees shall have the right, but not the obligation, to enter upon and inspect the Premises and operations and to make written Demand to Perform upon Tenant to perform its obligations under this Agreement. Such demand shall specify the obligations to be performed.
I If Tenant disputes such demand, within thirty (30) days after any such demand is given, Tenant shall file a written Protest of Demand with County stating clearly and in detail its objec- tions and reasons. If Tenant does not file such protest within thirty (30) days, Tenant shall be deemed to have waived and does hereby waive all claims for damages 'and • adjustments against County arising our of the demand.
9 Upon receipt of any such protest from Tenant, County, its agents or employees, shall review the demand objected to and Tenant's protest and shall within thirty. (30) days notity Tenant in writing of its decision which shall be binding on all parties, unless within thirty (30) days thereafter Tenant shall file with the Board of Supervisors (hereinafter called "Board") a Protest of Decision. Within thirty (30) days of receipt of such protest, Board shall render its decision. Failure by Board to render its decision within thirty (30) days shall be deemed a rejection of the protest and ratification of County's decision.
XXX. I DEFAULT OR BREACH Except as otherwise provided, at any time one party to this Agreement is in default or breach in the performance terms and conditions of this Agree-
ment, the other party shall give written notice to remedy such default or breach. If the default or breach is remedied within thirty (30) days following such notice, then this Agreement shall continue in full force and effect. If such default or breach is not remedied within thirty (30) days following such notice, the other party may, at its option, terminate this Agreement. Such termination shall not be considered a waiver of damages or other remedies available to either party because of such default or breach. Each term and condition of this Agreement shall be deemed to be both a covenant and a condi- XXXI. I WAIVER AND NON WAIVER. The failure of County to either:
A. I Give any notice of default or breach of the Agree- ment, or
I Terminate the Agreement because of a default or
breach thereof, of
c. I Exercise any other right conferred on it pursuant
or raghts conferred by the Agreement nor oh 11 county
time assert such right or rights at any
reasonable after County has knowledge of a
breach or default.
I No waiver of any default or breach shall constitute a waiver any other default or breach, whether of the same
other term, covenant or condition. No waiver, benefit, privi- lege, or service voluntarily given or performed by County or Tenant shall give the other any contractual right by custom, estoppel, or otherwise. The subsequent acceptance of rent to this Agreement shall not constitute a waiver of any preceding default by Tenant other than a default in the payment of the articular rental payment so accepted, regardless of County's nowledae of the preceding breach at the time of accepting the rent, nor shall acceptance of rent or any other payment after termination of this Agreement constitute a reinstatement, extension, or renewal of this Agreement or revocation of any notice or other act by County.
XXXII. I PARTIES BOUND AND BENEFITED. The terms and condi- contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all of the parties hereto, and all of parties hereto shall be
jointly and severally liable hereunder.
XXXIII. I TIME. Time is of the essence of this Agreement.
XXXIV. I HOLD HARMLESS. Tenant shall indemnify and defend County against, and hold County, its officers employees harmless from, all claims, costs, expenses liabilities
arising out of or in any way connected with the use or occu- pancy of the Airport or the Premises by Tenant or its guests, agents, employees, patrons, licensees, passengers and invitees.
I DESTRUCTION OF PREMISES. If Premises should be
destroyed by any cause, except as caused by the fault of or declared or unfit for occupancy by any
authorized public authority for any reason, except as caused by the fault of Tenant, either wholly or in such a degree as to substantially impair Tenant's use of the Premises,
rent due under the terms of this Agreement shall cease as of date of such destruction or declaration. In such event, this Agreement shall thereby be terminated.
XXXVI. I FAA SPECIAL PROVISIONS
9 The Tenant, for himself, his heirs, personal
representatives, successors in interest, and assigns,
a part of the consideration hereof, does hereby
covenant and agree a covenant running with the
facilities are constructed,
maintained, or otherwise operated on the property
described in this lease for a purpose for which a DOT
or activity extended or for another
purpose involving the provision of similar services
or benefits, the Tenant shall maintain and operate
such facilities and services in compliance with all
other requirements imposed pursuant to Title 49, Code
i rederal Regulations, DOI, suptitle A, Office 0i
secretary,
Prograns Nondiscrimination in
Federally-Assisted Department of
Transportation-Effectuation of Title VI Of the Civil
Rights Act of 1964, and as said Regulations may be
amended.
B. I The Tenant, for himself, his personal representa-
tives, successors in interest, and assigns, as a part
of the consideration hereof, does hereby covenant and
agree as a covenant running with the land that: (I)
on the grounds of race, color, or national
excluded from participation
denied the benefits of, or be otherwise subjected to
discrimination in the use of the facilities; (2) in
the construction of any improvements on, over, or
under such land and the furnishing of services
thereon, no person on • the grounds of race, color, OI
national origin shall be excluded from participation
in, denied the benefits of, or otherwise be subject
discrimination; and (3) the Tenant shall use the
in compliance with all other requirements
prosed by or pursuant to Title 49, code of rederal
Regulations, Department of Transportation, Subtitle
.... - A, Office of the Secretary, Part 21, Nondiscrimina- tion in Federally-Assisted Programs of the Department
of Transportation-Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regulations may
be amended.
C. I That in the event of breach of any of the above
nondiscrimination covenants, County shall have the
right to terminate the lease and to reenter and
repossess the land and the facilities thereon, and
hold the same as if the Agreement had never been made
or issued. This provision does not become effective
until the procedures of 49 CFR Part 21 are followed
and completed including expiration of appeal rights.
D. I Tenant shall furnish its accommodations and/or
services On a fair, equal and not unjustly discri-
minatory basis to all users thereof and it shall
charge fair, reasonable and not unjustly discrimina-
tory prices for each unit or service; PROVIDED, THAT
the Tenant may be allowed to make reasonable and
nondiscriminatory discounts, rebates or other similar
type of price reductions to volume purchasers.
E. I Non-compliance with Provision D above shall consti- tute a material breach thereof and, in the event of
non-compliance, County shall have the right to
terminate Agreenent and the estate hereby
created without liability therefor or at the election
of the County or the United States either or both
said Governments shall have the right to judicially
enforce Provisions.
F. I Tenant agrees that it shall insert the above five
Provisions in any lease agreement, contract, etc., by
which Tenant grants right or privilege to any
person, firm or corporation to render accommodations
and/or services to the public on the premises herein
leased.
G. The assures that it will undertake an
affirmative action program as required by 14 CFR Part
152, Subpart E, to insure that no person shall on the
grounds of race, creed, color, national origin, or
sex be excluded from participating in any employment
activities 14 CFR Part 152, Subpart E.
The Tenant assures that no person shall be excluded
on these grounds from participating in or receiving
the services or benefits of any program or activity
covered by this subpart. The Tenant assures that it
will require that its covered suborganizations
provide assurances to the Tenant that they similarly
will undertake affirmative action programs and that
they will require assurances from their suborganiza-
tions, as required by 14 CFR Part 152, Subpart E, to
the same effect.
I The County reserves the right to further develop or
improve the landing area of the airport as it sees
fit, regardless of the desires or view of the Tenant
without interference or hindrance. Such reserva-
tion includes without limitation the right to develop
and operate other airports, to relocate existing
operations at other airports and to offer services
and facilities at the other airports that may compete
with the operations of Tenant.
I. I The County reserves the right, but shall not be
to the Tenant, to maintain and keep in
area of the airport and all
publicly-owned facilities of the airport, together
with the right to direct and control all activities
of the Tenant in this regard.
J. 9 This Agreement shall be subordinate to the provi-
requirements of existing or future
agreement between the County and the United States,
relative to the development, operation or maintenance
of the airport.
K. I Tenant agrees to comply with the notification and
review requirements covered in Part 77 of the Federal
Aviation Regulations in the event future construction
of a building is planned for the Premises, or in the
event of any planned modification or alteration of
any present or future building or structure situated
on the Premises.
I. I It is understood and agreed that nothing herein
contained shall be construed to grant or authorize
the granting of an exclusive right within the meaning
of Section 308a of the Federal Aviation Act of 1958
(49 U.S.C. 1349a).
M. I There is hereby reserved to the County, its succes- sors and assigns, for • the use and benefit of the
ublic, a right of flight for the passage of aircraft
in the airspace above the surface of • the Premises.
This public right of flight shall include the right
to cause in the airspace any noise inherent in the
operation of any aircraft used for navigation or
flight through the airspace or landing at, taking off
from or operation on the Airport.
N. I The Tenant, by accepting this expressly, agrees for itself, its successors and assigns that it will not
erect permit the erection of any structure or
object nor permit the growth of any tree on the land
leased hereunder above the mean sea level elevation
of more than 100 feet. In the event the aforesaid
covenants are breached, the County reserves the right
to enter upon the Premises and to remove the offen-
ding structure or object and cut the offending tree,
all of which shall be at the expense of the Tenant.
0. I The Tenant, by accepting this Agreement, agrees for itself, its successors and assigns that it will not
make use of the Premises in any manner which might
interfere with the landing and taking off of aircraft
from • the Airport or otherwise constitute a hazard.
In the event the aforesaid covenant is breached,
County reserves the right to enter upon the Premises
and cause the abatement of such interference at the
expense of the Tenant.
P. I This Agreement and all the provisions hereof shall be subject to whatever right the United States
Government now has in the future may have or
acquire, affecting the control, operation, regulation
the Airport or the exclusive or
non-exclusive use of the Airport by the United States
during the time of war or national emergency.
XXXVII. I CONDEMNATION. If the whole of the Premises should be taken by a public authority under the power of eminent domain, then the term of this Agreement shall cease on the day of possession by said public authority. If a part only of the Eaten under Premises should be taken under eminent domain, Tenant shall have the right to either terminate this Agreement or to con- tinue in possession of remainder of the Premises.
Tenant remains in possession, all of the terms thereof shall continue in effect, the minimum rent payable being reduced proportionately for the balance of the term of this Agreement.
If a taking under the power of eminent domain occurs,
payments attributable to the leasehold interest of the Tenant shall belong to the Tenant, and those payments attributable to the • reversionary interest of the County shall belong to the County.
XXXVIII. 9I CONDITION OF PROPERTY UPON TERMINATION. Upon the termination of this Agreement for any reason, Tenant shall vacate the Premises and deliver same to County in good order and condition, damage by the elements, fire, earthquake, and ordinary wear and tear excepted.
XXXIX. * REMOVAL OF TENANT'S PROPERTY. otherwise
mutually agreed in writing by the parties hereto, at the expiration, 'termination or cancellation of this Agreement, the Tenant shall have removed, at its own expense, all improvements and installations of any kind owned or placed on the Premises by the Tenant, along with all debris, surplus and salvage material, and shall leave the Premises in substantially the same condition as when first occupied by the Tenant. If the Tenant does not remove, or has not completed removal of its improvements and installations within seven (7) days after such expiration, termination or cancellation, title thereto shall vest in the County. County may thereafter remove or cause to be removed or destroyed, such improvements and installations left on the Premises, and in such event, Tenant shall pay the County the reasonable and actual cost of any such removal, sale in excess of any consideration received by
County as a result of any such removal, sale or demolition.
XXXX. $ ENTIRE AGREEMENT• This Agreement contains the entire agreement of the parties hereto and no obligation other than those set forth herein will be recognized.
XXXXI. I AGREEMENT MODIFICATION. This Agreement may be termi- nated, extended, or amended in writing by the mutual consent of the parties hereto. Such modification may be executed by Director or an authorized representative on behalf of the County.
XXXXII. I PARTIAL INVALIDITY. If any term, covenant, condi- tion or provision of this Agreement is found by a Court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invali- dated thereby.
XXXXIII.
XXXXIV. I ARTICLE HEADINGS. Article headings in the Agreement are for convenience only and are not intended to be used in in- terpreting or construing the terms, covenants and conditions of this Agreement.
ent at socies and payment anal be soda no one am toteing, A. IAll payments and notices to Ienant shall be given or mailed to:
7100 Hayvenhurst Avenue
Penthouse, suite F
Van Nuys, California 91406
Attention: Brooke Knapp
and
10900 Wilshire Boulevard Suite 1000
Los Angeles, CA 90024
Attention: Charles W. Knapp
B. I All payments and notices to County shall be given or mailed to:
County of Ventura
Property Administration Agency
800 South Victoria Avenue
Ventura, CA 93009
COUNTY OF VENTURA
Dated: 2/5/85 By : Homice
"COUNTY"
ATTEST:
RICHARD D. DEAN, County Clerk,
County of Ventura, State of
California, and ex officio Clerk
of the Board of Supervisors
thereof.
or Late one
Deputy Cler
Dated: February 1, 1985
BROOKE KNAPP "TENANT"
I If Tenant is a corporation, a certified copy of the Board of Director's resolution or other authority for execution of this Agreement is attached hereto.
AREAS EXCLUDED
0½* 71÷6"
320'-1'
EXHIBIT "A"
- 21-13.
TANDAR AREAS 0,800
FACE ALCAS 1280:
ECOL FORDON
• BLDG, 119
-....
202.207
County of Ventura
DEPARTMENT OF AIRPORTS
MEMORANDUM
Shirley Weeks, Clerk of the Board Date: January 31, 1985 To:
Austin Cline Reference No.:
From:
Subject: AIRPORT LEASE AGREEMENT
aRE
ARC: 11s
..3
I FEB - 2У 9 53 RECEIVED
^...
(1/85) -
DUPLICATE ORIGINAL
AIRPORT LEASE AGREEMENT
Oxnard
# Camarillo
THIS LEASE, hereinafter called "Agreement", is made and entered into by and between:
COUNTY OF VENTURA
hereinafter called "County", and
TIM BURRETT
hereinafter called "Tenant".
-The parties agree that:
1. PROPERTY LEASED. County hereby leases to Tenant and Tenant hereby rents from County the property, hereinafter called "Premises", located on the above indicated Airport, hereinafter called "Airport". The Premises are briefly described as follows:
1,306 square feet of shop area located in Building No. 137.
The Premises are more particulariy shown on Exhibit "A" which is attached hereto and made a part hereof by reference.
2 TERM. The Term of this Agreement is — - Y9 983encing on _ January 1, 1985 December
, and terminating on
3. HOLDOVER. If Tenant holds possession of the Premises after the expiration of she term of ihis igreement, o- any extension thereof, with conseni of County, either expressed or implied. Tenzai shall become a ienant from month to month. All rents) for said holdover tenancy shall be adjusted to reffect the rata, as ser forth in the Rate and Fee Schedule adosed by the Board ef Supervisors, that is in effec: during he sime of the Holdover. All ciner terms and conditions of this Agreement shall remain uncharges. 1 4. USE. The Premises shall be used for the following spetified purpose and shall not be used for any other purpose without first obtaining the written consent of Director of Property Administration Agency, hereinafter referred to as "Director".
Cabinet (wood manufacturing) and associated carpentry work.
Nothing contained in this Agreement shall be deemed to give the Tenant exclusive rights on the Airport in connection with any of the permitzed uses.
•
5. USE OF AIRPORT FACILITIES. Tenant shall have the nonexclusive right to the use of the runways and taxiways of the Airport, the public waiting rooms, restrooms, and other public places in the Airport, the road- ways and landing aids, and other public facilities provided by the County.
6. RENT. During the term of this Agreement, Tenant shall pay as rent for the Premises the sum of $ _287.32 in advance on the first day of each month. Refer to Exhibit "C", ADDITIONAL RENT
7. FAILURE TO PAY WHEN-DUE. If-money payable to County as a condition of this Agreement is not paid prior to ten (10) days after due date, a fee of two percent (2%) of the amount due and unpaid, except that such fee shall not be less than Twenty-five Dollars ($25.00), may be added to the amount due and such total sum shall be due and payable to County as of the original delinquency date. A further fee in the same amount may be added for each thirty (30) day period following addizion of the fee, until paid.
8. AIRPORT DEVELOPMENT. County: reserves the right to change, further develop or improve the runway, taxiway, tie-down area, automobile parking area, access, or any other public facility of the Airport as it sees fit, regardless of the desires of the Tenant and without any liability to the Tenant Tenant shall not interfere with or hinder such change or developments. Such reservation includes without limitation the right to develop and operate other airports, to relocate existing operations to the other airports and to offer services and facilities at the other airports that may compete with the operations of Tenant.
9. ALTERATIONS BY TENANT. Tenant may make improvements, alterations or additions to the Premises, provided, however, that approval of such improvements, alterations or additions must be obtained in advance in writing from the Director. All improvements, alterations and additions shall conform with the then current Oxnard Airport Design Criteria for Construction.
In the event Tenant makes any improvements, alterations, or additions to the Premises, Tenant shall comply with the notification and review requirements contained in Part 77 of the Federal Aviazion Regulations.
10. SUBJECT TO AGREEMENTS. This Agreement shall be subject to the provisions and requirements of any States now has or will acquire in the future to control, operate, regulate and take over said Airport or to use same in an exclusive or non-exclusive manner during the time of war or national emergency. County shall have no liability for the termination of this Lease as a result of any agreement with, or as the resuls of the exercise of any right by, the United States.
11. SIGNS AND ADVERTISING. Tenant shall not erec: or display, or permit to be erected or displayed, on the Airport or to the exterior of the buildings on the Premises, any signs or advertising matter of any kind without first obtaining the written consent of the Director.
2 12. DELAY IN DELIVERY OF POSSESSION. If County, for any reason whatsoever, cannot deliver possession of the Premises on the date of commencement of the term of this Agreement, rent for the period between said date and the date that County can deliver possession shall be prorated and deducted from the rent due under this Agreement The term of the Agreement shall not be extended by such delay. If possession is not delivered within 45 days after the commencement of this Agreement, Tenant may terminate this Agreement by so advising County in writing.
13. EMPLOYEE INFORMATION. Tenant shall provide and keep current in the Airport Supervisor's Office a list of all employees, their ratings and current license numbers, and emergency telephone numbers.
14. SECURITY DEPOSIT. Tenant shall provide County with, and at all times thereafter maintain, a security deposit in the amount of three times the monthly rent Such amount shall be adjusted periodically and con- currently with any adjustments to rent. If Tenant is a public entity governed by the Ventura County Board of Supervisors, a security deposit will not be required.
5. VEE 9F
Ibe.security: deposit.shall-take-one_of-the forms ser out below and shall guarantee Tenant's full and faithful performance of all the terms, covenants, and conditions of this Agreement:
E. Ar Cash ..
B. The assignment to County of a savings deposit held in a financial institution in Ventura County acceptable
7. FAilo Gounty.- Such assignment shall-consist of delivery to County of the original passbook for such savings = ic deposit and execution and delivery sofia written assignment of said deposit to County on a form approved r:.by County.:: :::
# me cens
fay A renewable Time: Certificate: of. Deposit from a financial institution in Ventura County wherein the principal sum is made payable to County or order. Both the financial institution and the form of the air certificate must be approved by County: =5*:::
Đ. -A renewable instrument or instruments of credit from one or more financial institutions, subject to regula- -tion by. the State or Federal Government, pledging that funds necessary to secure performance of the •: Agreement terms, covenants, and conditions are guaranteed for payment, and agreeing thaz said funds shall secure Tenant's performance and that all or any part shall be paid so County or order upon demand by County. Both the financial institution(s) and the form of the instruments) must be approved by County.
E. A Bond issued by a responsible surety company qualified to do business in California, provided:
1. The Bond is automatically renewable and alteration or termination of Bond shall first require 30 day prior written notice to County.
2. The Bond shall guarantee payment in cash to County of the security deposit amount upon receips of written demand from County.
Regardless of the form in which Tenant elects to make said security deposit, all or any portion of the principal sum shall be available unconditionally to County for correcting any default or breach of this Agreement by Tenant, his successors or assigns or for payment of expenses incurred by County as a result of the failure of Tenans, his successors or assigns, to faithfully perform all the terms, covenants, and conditions of this Agreement
Should Tenant elect to assign a savings deposit to County, provide a Time Certificate of Deposit, or provide in instrument of credit to fulfill the security deposit requirements of this Agreement, said assignment, certifi ate, or instrument shall have the effect of releasing the depository or issuer therein from liability on zccoun of the payment of any or all of the principal sum to County or order upon demand by County. The agreemers • 3 entered into by Tenant with a financial institution te establish the deposit necessary to permit assignment or issuance of a certificate as provided above may allow the payment to Tenant or order of interest accruing on _account of said deposit
If at any time during the term of this Agreement, any rent or other sum payable to County shall be overdue and unpaid, County may, at County's option, apply any portion of this security deposit to the payment of any overdue rent or other sums due and payable to County under this Agreement Should the entire security deposit, or any portion thereof, be appropriated and applied by County for the payment of overdue rent or such other sum due and payable to County by Tenant, then Tenant shall, within thirty (30) days after written demand by County, restore said security deposit to the required amount.
Tenant shall maintain the required security deposit throughout the term of this Agreement Failure to do so shall be deemed a default and shall be grounds for immediate termination of this Agreement The security deposit shall be rebated, reassigned, released, or endorsed to Tenant or order, as applicable, at the end of the term of this Agreement provided Tenant is not then in default and has performed its obligation required to be performed upon termination.
15. INSURANCE. Tenant, at its own expense, shall procure and maintain with respect to the Premises and opera- tions conducted therein adequate insurance of the types and in amounts not less the minimum limits specified in Exhibit "B", which, is attached hereto and made a part hereof by reference. Tenant shall furnish to County a certificate of insurance from an insurer admitted to do business in the State of California, which certificate shall verify that Tenant carries the insurance as required herein. Said certificate shall verify that:
A County is named as an additional insured, and
. B. The insurance shall not be cancelled nor terminated without thirty (30) days' prior written notice given to County, and
• C The insurance shall be primary insurance, notwithstanding any "other insurance" clauses to the contrary which may be contained in either Tenant's or County's insurance contracts.
The insurance coverage shall contain within the policy a "broad form" of liability coverage, including any liability arising from contractual agreements, including leases, or there shall be attached therero an endorsement providing such coverage.
16. TAXES AND ASSESSMENTS. A taxable possessory interest will be created by this Agreement and Tenant will be subject to the payment of property taxes levied on such interest.
Tenant shall pay, before delinquent, any and all taxes and assessments levied upon the Premises or against Tenant by reason of Tenant's use and occupancy of the Premises.
17. UTILITIES.
A Tenant expressly waives any and all claims agains: County for compensation for any and all loss or damage sustained by reason of any defect, deficiency, or impairment of any water supply system, drainage or sewer syszem, gas supply system, telephone system, electrical supply system, or electrical apparatus or wires serving the Premises.
Camarillo Airport Only. Tenani shall pay connection fees and charges for all utilities, including but not limited io water, electricity, heating fuel, telephone, or any other service required by Tenant The cost of any utility furnished by County through a master meier system shall be determined be County and 4 shall be paid by Tenant to County within fifteen days after billing therefor. If Premises are not served by a separate meter for electricity service, Tenant shall at its own expense have a separate electric meter installed within sixty days after the commencement of the term of this Agreement C. Oxnard Airport Only. County shall pay service charges for gas, water, and electricity serving the Premises.
Tenant shall pay connection fees and charges for all utilities, and service charges for electronic equipment, teletype or telephones installed, used or operated by Tenant on the Premises.
18. JANITORIAL SERVICES. Tenant shall provide all janitorial services and supplies at Tenant's sole expense.
Tenant shall also maintain the Premises at all times in a neat, clean, orderly, and safe condition.
19. TRASH AND RUBBISH SERVICES. Tenant shall provide, at Tenant's sole expense, proper containers for and the regular collection of all trash and rubbish materials generated from or accumulating on the Premises.
20. COOPERATION BETWEEN TENANTS. The Tenant shall cooperate with all other tenants of the Count! who will be operating enterprises on the Airport and shall conduct its operations so as to avoid interference with the operations of other tenants.. Any. difference or conflict which may arise between the Tenant and Other tenants will be adjusted and determined by the Director. If the operations of the Tenant are impaired because of any acts or omissions of such other tenants, the Tenant shall have no claim against the County
5. PL on thạt account.
The Tenant shall participate in and give financial support to an Association of Tenants which shall be formed to promote the general welfare of all business entities operating at the Airport. The Director shall convene the organization meeung of the Association and shall Serve ex officio as a member of the governing body of the Tenant Association:? The financial support provided by each tenant to the Association program shall be that proportion which his minimum rent payable each year to the County bears to the total of all tenants' minimum tents for that year but imany case Tenant shall not be required to participate in an amount exceeding 20 percent (20%) of the minimum rent payable by. Tenant for that-year. Each tenant shall have voting rights in the affairs of the Association in the same proportión as his prescribed financial support.
21. REPAIRS AND MAINTENANCE BY COUNTY.
A Camarillo Airport Only. "No repairs of any nature will be performed by County unless deemed necessary and in the best interest of County.
B. Oxnard Airport Only, County shall maintain the foundation, exterior building walls (excluding windows and-personnel doors), and roof of the Premises in good repair. 22 REPAIRS AND MAINTENANCE BY TENANT.
A Camarillo Airport Only. Tenant accepts the Premises in the present condition and repair, and shall make any repair and modification necessary to comply with all applicable building codes and regulations except maintenance and repair specifically required under this Agreement to be performed by the County. Tenant shall maintain the Premises in as good condition as they were when Tenant first received possession thereof, excepting reasonable wear and tear, and shall make all repairs and replacements necessary to that end.
Tenant shall also maintain any lawns, landscaping, walkways, and parking areas within Premises to the satisfaction of the Director.
B. Oxnard Airport Only. Tenant accepts the Premises as being in good and sanitary order, condition and Tenant shall maintain the Premises in as good condition as they were when Tenant first received possession thereof, excepting reasonable wear and tear, and shall make zil repairs and replacements neces- sary to that end, and to comply with all applicable building codes and regulations, except maintenance and repair specifically required under this Agreement to be performed by the County. Tenant shall main- tain and repair all utility systems within Premises.
5 23. ENTRY BY COUNTY. County may enter upon the Premises at all reasonable times to examine the condition unereof, and for the purpose of providing maintenance and making such repairs as County is obligated to make, provided thai such right shall not be exercised in such a manner as to unreasonably interfere with any business conducted by Tenant on the Premises.
24. COMPLIANCE WITH LAW. Tenant shall not use or permit the use of the Premises for an illegal or immoral purpose and shall comply with all federal, state and local laws and ordinances concerning said Premises and use
25. AIRPORT REGULATIONS. Tenant agrees to observe, obey and abide by all applicable laws, ordinances, field rules and other regulations for the common and joint use of airport facilities and for the maintenance and conduct of all its operations which are now or may hereafter be imposed or promulgated by County, the Federal Aviation Administration, or any other governmental agency having jurisdiction over the subject matter.
26. FIRE REGULATIONS. Tenant shall at all times comply with all applicable laws, ordinances, and regulations pertaining to fire prevention, and shall furnish and keep adequate fire extinguishers in sufficient numbers and in convenient and accessible places on the Premises. Said fire extinguishers shall be charged and ready for immediate use as required by said fire regulations and applicable laws or ordinances.
If Tenant receives an inspection notice or a deficiency notice following an inspection by the Fire Department, Tenant agrees to make any and all corrections in the manner required by the Fire Department within thirty (30) days after receipt of such notice.
• 27. ENVIRONMENT PROTECTION. Tenant shall take all measures available to:
...
Ä -Avoid any pollution of the atmosphere or littering of Airport caused by or originating in, on, or about •: Tenant's facilities.
B. Keep the noise level on the Premises to a minimum so that other tenants may effectively utilize other areas of the Airport and so that persons in the general neighborhood will not be detrimentally affected.
C. Keep the lights on the Premises from emitting light that could negatively affect the operation of aircraft or ground vehicles in the area.
28. NONDISCRIMINATION. Tenant agrees not to discriminate against any person or class of persons by reason of race, sex, color, creed, or national origin in the use of the Premises.
29. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Agreement, or any interest therein, and shall not sublet said Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents and employees of Tenant excepted) to occupy or use said Premises, or any portion thereof, without the prior written consent of County Executive or Director, but consent to the assignment of all of the Premises shall not be unreasonably withheld. A consent to one assignment, subletting, occupation, or use by another person shall not be deemed to be a consent to any subsequent assignment, sublerting, occupation, or use by another person. This Agreement shall not, nor shall any interest therein, be assignable, 2s to the interest of Tenant, by operation of law, without the written consent of Courty Executive or Direcior. Any assignment or subletting without such consent shall be void, and shall, at the option of County, terminate this Agreement.
30. INSOLVENCY OR BANKRUPTCY, If Tenant shall be adjudged bankrupt or insolvent, this Agreement shall thereupon immediately terminate and the same shall not be assignable by any process of law, o° be treated as in asset of the Tenant under such adjudication, nor shall it pass under the control of any trustee or assignee 6 by virtue of any process in bankruptcy or insolvency er by execution or assignment for the benefit of creditors.
If any such event occurs, this Agreement shall immeciately become null and void and of no effec:, and County may thereupon repossess the Premises and all rights of the Tenant thereupon shall cease and terminate.
31. DEFAULT OR BREACH. Except as otherwise provided, at any time one party to this Agreement is in default or breach in the performance of any of the terms and conditions of this Agreement, the other party shall give written notice to remedy such default or breach. If said default or breach is remedied within thirty (30) days following such notice, then this Agreement shall continue in full force and effeci If such default or breach is not remedied within thirty (30) days following such notice, the other party may, at its option, terminate this Agreement Such termination shall not be considered a waiver of damages or other remedies available to either party because of such default or breach. Each term and condition of this Agreement shall be deemed to be both a convenant and a condition.
32. WAIVER AND NON WAIVER. The failure of County to either:
A Give any notice of default or breach of the Agreement, or 23 FRE :..:
B: Terminate the Agreement because of a default or breach thereof, or C. Exercise any other right conferred on it pursuant to this Agreement, shall not be a waiver of any right or rights conferred by the Agreement nor shall County be estopped to assert such righi or rights at any reason- : - able time after County has knowledge of a breach or default.
No waiver of any default of breach shall constitute a waiver of any other default or breach, whether of the same or any other term, covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by: County or Tenant. shall give the other any: contractual right by custom, estoppel, or otherwise.
The subsequent acceptance of rent to this Agreement shall not constitute a waiver of any preceding default by Tenant other: than a default in: the; payment of the: particular rental payment so accepted, regardless of County's: knowleäge: of the preceding breach at the time of accepting the rent, nor shall acceptance of rent or any other payment after termination of this Agreement constituse a reinstatement, extension, or renewal of this Agreement or revocation of any notice or other act-by. County.
33. PARTIES BOUND AND BENEFITED. The terms and conditions herein contained shall apply to and bind the heirs, successors, executors, administrators, and assigns of all of the parties hereto, and all of the parties hereto shall be jointly and severally liable hereunder.
34. TIME. Time is of the essence of this Agreement.
35. HOLD HARMLESS. Tenant shall indemnify and defend County against, and hold County, its officers and employees harmless from, all claims, costs, expenses and liabilities arising out of or in any way connected with the use or occupancy of the Airport or the Premises by Tenant or its guests, agents, employees, patrons, licensees, passengers and invitees.
36. DESTRUCTION OF PREMISES.
A. Camarillo Airport Only. If Premises should be destroyed by any cause, except as caused by the fault of Tenant, or declared unsafe or unfit for occupancy by any authorized public authority for any reason, except as caused by the fault of Tenant, either wholly or in such a degree as to substantially impair Tenant's use of the Premises, then all rent due under the terms of this Agreement shall cease as of the date of such destruction or declaration. In such event, this Agreement shall thereby be terminated.
B. Oxnard Airport Only. If that portion of the Premises or the building which the County is obligated here- under to maintain and repair should be destroyed by any cause, except as caused by the fault of Tenant, or declared unsafe or unfit for occupancy by aay authorized pubiic authority for any reason, excepi as 7 caused by the fault of Tenant, either wholly or in such a degree as to substantiaily impair Tenant's use of the Premises, then all rent due under the terms of this Agreement shall cezse a5 of the date of such de- struction or declaration. If County makes the necessary repairs within ninery (90) days, rendering the Premises as suitable and serviceable as they existed the day this Agreement commenced, no right of ter- mination by the Tenant shall exist. If repairs re not made within ninety (90) days, the Tenant may terminate this Agreement effective on the 90th day after said destruction by mailing written notice of termination to County.
If during a period of partial destruction (destruction of less than 50% of that portion of the leased premises or the building which County is obligated hereunder to maintain and repair) the Tenant shall desire to continue occupancy, the minimum rent shall be abated in the same ratio as the portion of the Premises rendered for the time being unfit for occupancy shall bear to the whole Premises. Should the partial destruction of the Premises not be repaired within ninety (90) days, the Tenant shall have the option to terminate this Agreement or remain in possession at the reduced minimum rent until the necessary repairs have been completed.
37. CONDEMNATION. If the whole of the Premises should be taken by a public authority under the power of eminent domain, then the term of this Agreement shall cease on the day of possession by said public authority.
If a part only of the Premises should be taken under eminent domain, Tenant shail have the right to either terminate this Agreement or to continue in possession of the remainder of the Premises. If Tenant remains in possession, all of the terms thereof shall continue in effect, the minimum rent payable being reduced propor- tionately for the balance of the term of this Agreement. If a taking under the power of eminent domain occurs, those payments attributable to the leasehold interest of the Tenant shall belong to the Tenant, and those payments attributable to the reversionary interest of the County shall belong to the County. . 38. RESERVATION OF AIR SPACE. County reserves, for the use and benefit of the public, a right of flight for • the passage of aircraft in the air space above the Premises, together with the right to cause in such air space such noise as may be inherent in the operation of aircraft, now or hereafter using said air space or landing at or taking off from or operating on the Airport.
39. CONDITION OF PROPERTY UPON TERMINATION. Upon the termination of'this Agreement for any reason, Tenant shall vacate the Premises and deliver same to County in good order and condition, damage by the elements, fire, earthquake, and ordinary wear and tear excepted.
40. REMOVAL OF TENANT'S PROPERTY. Unless otherwise mutually agreed in writing by the parties hereto, at the expiration, termination or cancellation of this Agreement, the Tenant shall have removed, at his own expense, all improvements and installations of any kind owned or placed on the Premises by the Tenant, along with all debris, surplus and salvage material, and shall leave the Premises in substantially the same condition 25 when first occupied by the Tenant. If the Tenant does not remove, or has not completed removal of his improvements and installations within seven (7) days after such expiration, termination or cancellation, title thereto shall vest in the County. County may thereafter remove or cause to be removed or destroyed, such improvements and installations left on the Premises, and in such event, Tenant shall pay the County the reason- able and actual cost of any such removal, sale or destruction in excess of any consideration received by County as a result of any such removal, sale or demolition.
41. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties hereto and no obligation other than those set forth herein will be recognized.
42, AGREEMENT MODIFICATION. This Agreement may be terminated, extended, or amended in writing by the mutual consent of the parties hereto. Such modification may be executed by Direcior, County Executive, or an authorized representative, on behalf of County.
43. PARTIAL INVALIDITY. If any term, convenant, condition or provision of this Agreement is found by a Court of competent jurisdiction to be invalid, void or unenforceable, the remainde: ci the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or inva idated thereby. 8 44. GENDER AND NUMBER. For the purpose of this Agreement, wherever the masculine or neuter form is used, the same shall include the masculine or feminine, and the singular number shall include the plural and the plural number shall include the singular, wherever the context so requires.
45. ARTICLE HEADINGS. Article headings in this Agreement are for convenience only and are not intended io be used in interpreting or construing the terms, covenants and conditions of this Agreement.
46. NOTICES AND PAYMENTS. All notices required under this Agreement, including change of adoress, shall be in writing, and all notices and payments shall be made as follows:
A. All payments and notices to Tenant shall be given or mailed to:
Mr. Tim Burrett
2102 Buena Vista Drive
Camarillo, CA 93010
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B.::All payments and notices to County shall be given or mailed to:
::County of Ventura =:= * =€ 2: 3-0=
= Property Administrätion Agency ?-
800 South Victoria Avenue
= == Ventura, CA 93009 SCE C:.: 35# *:
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47. SPÉCIAL PROVISIONS." All other provisions of this Agreement are contained in Exhibit "C" which is attached hereto and made a part hereof by reference: -
35. 9 = = ..-
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9 •.
• COUNTY OF VENTURA
Atreice
Dated: By: -
JAMES G. O'NEILL, Interim Director
Jepartment of Airports
"COUNTY"
ATTEST:
ROBERT L. HAMM, County Clerk, County of
Ventura, State of California, and ex officio Clerk
of the Board of Supervisors thereof.
on Barall Peasy
reputy Clerk
13:85 Sin Runet
Dated:
" TIM BURRETT
"TENANT"
if Tenant is a corporation, a certified copy of the Board of Director's resolution or other authority for execution of this Agreement is attached hereto..
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ORN 1-8 :c.:.
96-0"
42-0": 42'0* 12:0*
• P
37 101 13-8"
102
105
55'-4" 44:0° 105 0 po- I7÷O"
4 11:4° (106
24-0" 18-o" 42-0" 1240"
Atch 3 CAHIBI A
BLDG. 137
ScALE: 1"-20'-0
13ch sg ft.
INSURANCE REQUIREMENTS
1. Comprehensive General Premises and Contract Liability BI $1,000, 000 aggregațe for each occurrence; PD $100,000 ]imit for each accident.
Product and Completed Operations Liability lonly applicable if product (s) is manufacture and sold):
BI $100,000 each person, $300,000 aggregate; PD $100,000 each accident.
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EXHIBIT "B"
SPECIAL PROVISIONS
1. Additional Rent
In addition to rent specified in Article 6. RENT of this bease, there shall be a fixed charge of $50.00 per month due the County, as a surcharge, for utilities serving the premises which includes water, sewer and electrical.
During the initial term of this Lease, the aggregate rent shall be $337.32/month ($287.32 + $50.00) -
EXHIBIT "C"
FAA SPECIAL PROVISIONS
1. The lessee, licensee, permittee, etc., for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of lease add "as a cove- nant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (lease, license, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (lessee, licensee, permittee, etc.) shall maintain and operate such facilities and services. in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Subtitle A, Office of the Secretary, Part 21, Nondis-
crimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI Of the Civil Rights Act of 1964, and as said Regulations may be amended.
2. The (lessee, licensee, permittee, etc.) for himself. his. personal representatives, successors in interest, and assigns, a part of the consideration hereof, does hereby covenant and agree lin the case of leases add "as a covenant running with the land") that: (1) no person on the grounds of race, colo!, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that the (lessee, licensee, pernittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimina- tion in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
3. That in the event of breach of any of the above nondiscrimina- tion covenants, (Sponsor) shall have the right to terminate the (lease, license, permit, etc.) and to reenter and repossess said land and the facilities thereon, and hold the same as if said (lease, license, permit, etc.) had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed includ- ing expiration of appeal rights.
Exhibit "C"
4. (Lessee, licensee, permittee, etc.) shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discrimina- tory prices for each unit or service; PROVIDED, THAT the (lessee, licensee, permittee, etc.) may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.
5. Non-compliance with Provision 5 above shall constitute a material breach thereof and in the event of such non-compli- ance and (Sponsor) shall have the right to terminate this lease • (agreement, , contract, etc.) and the estate hereby created without liability therefore or at the election • Of the (Sponsor) or the United States either or both said
Governments shall have the right to judicially enforce
Provisions.
6. (Lessee, licensee, permittee, etc.) agrees that it shall insert the above five Provisions in any (lease agreement, contract; étc.) by which said (lessee, licensee, permittee, etc.) grants a right of privilege to any person, firm or corporațión to-rendei accommõdations and/or services to the public on the premises herein (leased, licensed, permitted. étça .
7. The (lessee; licensee, permittee, subtenant, etc.) assures that it will undertake an affirmative action program as réquired by 14 CPR Part 152, Subpart E, to insure that no person shall on the grounds or race, creed, color, national origin, or sex be exçluded from participating in any employ- ment activities covered in 14 CFR Part 152, Subpart E. The (lessee, licensee, permittee, etc.) assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program of activity covered by this subpart. The (lessee, licensee, permittee. etc.) assures that it will require that its covered suborgani- zations provide assurances to the (lessee, licensee, permittee. etc.) that they similarly will undertake affirmative action programs and that they will require assurances fron their suborganizations, as required by 14 CFR Part 152, Subpart E. to the same effect.
8. The (Sponsor) reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or view of the (lessee, licensee, permittee) and without interference or hindrance.
9. The (Sponsor) reserves the right, but shall not be obligated to the (lessee, licensee, permittee) to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct control all activities of the (lessee, licensee, permit- tee, etc.) in this regard.
10. This (lease, license, etc.) shall be subordinate to the pro- visions and requirements of any existing or future agreement between the (Sponsor) and the United States, relative to the development, operation or maintenance of the airport.
11. (Lessee, licensee, permittee, etc.) agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event of future con- struction of a building is planned for the (leased, licensed, permitted) premises, or in the event of any planned modifi- cation or alteration of any present oi future building or structure situated on the (leased, licensed, permitted) pre- mises.
12. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right willin the meaning of Section 308a of the Pederal Aviation Act of 1958 (49 U.S.6. 1349a)=
13. There is hereby reserved to the . (Sponsor), its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein (leased, licensed, permitted).
This public right of light shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said air- space or landing at, taking off from or operation on the (official name) airport.
14. The (lessee, licensee, permittee) by accepting this expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on the land leased here- under above the mean sea level elevation of more than 100 In the event the aforesaid covenants are breached. the
owner reserves the right to enter upon the land (leased, etc.) hereunder and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the (lessee, licensee, permittee).
15. The (lessee, licensee, permittee, etc.) by accepting this (lease, license, etc.) agrees for itself, its successors and assigns that it will not make use of the (leased, etc.) pre- mises in any manner which might interfere with the landing and taking off of aircraft from _ Camarillo _ Airport
or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the owner reserves the right to enter upon the premises hereby (leased, etc.) and cause the abatement of such interference at the expense of the (lessee, licensee, permittee).
16. **This (lease, license, permit) and all the provisions hereof shall be subject to whatever right the United States Govern- ment now has of in the future may have or acquire, affecting the control, operation, regulation and taking over of said airport or the exclusive or ron-exclusive use of the airport by the United States during the time of war or national emer- gency•
area of a lease may be subdivided as shown on a property map to pro- vide more than one height limitation, or more restrictive height limitațions may be imposed at the discretion of the Sponsor.. **If the airport is not subject to the National Energency Use Pro- vision generally contained in Surplus Property Instruments of Disposal, paragraph 16 above may be modified to exclude that por-i tiọn of the provision "or the exclusive or non-exclusive use Of the airport by the United States during the time of war or national emergençy."!
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OPTION. Tenant may, at its option, extend this Agreement for _ one (1) — additional one-year periods. ach period shall commence on the day following the termination of the preceding serm, and shall terminate or year after the termination of the preceding term. The option for each period shall be exercised separately by Tenan giving County written notice ai least sixty days prior to the commencement of each option period.
All rent for the option tenancy shall be adjusted to reflect the rate, as set forth in the Rentand Fee Schedule adopsed by the Board of Supervisors, that is in effect on the commencemens. of each option period.
All other terms and conditions of this Agreement shall remain unchanged. :
EXHIBIT "D"