B. Any structure or facility to be constructed or placed upon the Airport shall be constructed in a manner to conform to all safety and environmental regulations of the State of California and the City, and shall be in compliance with the City’s current site development requirements, building codes, zoning regulations, and fire regulations as well as FAA design standards.
C. Responsibility for obtaining appropriate approvals from government authorities and complying with their various regulations, policies and standards shall be that of the Lessee. Potential tenants should be advised that any work done at the Airport may require compliance with not only state but also federal prevailing wage requirements.
D. Lessees shall obtain at their sole expense all permits required for their construction program and shall pay all taxes, permits, inspection fees, and licenses required for the construction and operation of their facilities and businesses.
E. The design of any leasehold improvement is to be carried out under the direction of a registered architect or engineer. All design drawings are to be City of Porterville
Airport Lease Policy
20 prepared by a registered architect or engineer. Construction drawings are to be certified by their respective professional disciplines – architectural, structural, mechanical, electrical, and civil engineers.
F. The City may provide infrastructure for the proposed leasehold improvements. Absent the availability of City funding of such improvements, each Lessee may be responsible for and incur the expenses for connection to all leasehold improvements and facility requirements including public roadways, aprons, taxiways, electrical power, communications, water, sewer and natural gas.
At the City’s option, an agreement may be made whereby qualified infrastructure improvements to serve a specific lease site may be financed by the prospective tenant and then reimbursed by the City through a credit in monthly rents due to the City.
Infrastructure constructed to serve a specific lease site that also benefits neighboring lease sites, may be additionally financed by a Reimbursement Agreement, created and administered by the City and executed with the neighboring lease sites when they develop.
The final details of each reimbursement shall be determined through negotiation between the City and the prospective tenant at the time the lease agreement is developed. Lessees shall obtain the prior written approval from the City to modify, improve, add to or delete facilities from their leased area. If any structure is erected, placed, or altered upon in any other manner than in accordance with plans and specifications approved by the City, restriction is applicable to landscaping plans as well as architectural plans.
G. Lessees shall suppress, at their own expense, and to the satisfaction of the FAA, all electromagnetic interference with radio guidance, safety devices or with any electric or electronic equipment or installations on or associated with the Airport.
H. The City assumes no responsibility with regard to the ability of the Lessee to complete construction or otherwise meet the Terms and Conditions of its Lease nor does it assume any responsibility for an error, fault or omission in the plans and specifications that have been approved. The City reserves the right to serve notice that action must be taken to remedy any improper situations.
City of Porterville
Airport Lease Policy
21 I. Noise, dust, odors, storm water detention, water quality, and smoke generation are of particular concern in the design and operation of any facility on the Airport. Therefore, the design and construction of all facilities shall comply with all federal, state, and local environmental regulations applicable to the Airport.
J. The City or its representative(s) shall have the right at reasonable times to visit sites and enter buildings that are completed or in the process of being built, changed, repaired, moved or demolished.
HANGER RENTAL AGREEMENT
This HANGAR RENTAL AGREEMENT ("Agreement") is entered into as of this ___ day of __________, 20____, by and between the City of Porterville ("City"), and __________________________________ ("Tenant").
RECITALS
WHEREAS, the City owns and operates the Porterville Municipal Airport (the "Airport"); and
WHEREAS, the Tenant desires to rent a hangar at the Airport for the purpose of aircraft storage; and
WHEREAS, Tenant understands Airport is a federally funded and obligated airport and must comply with all FAA regulations; and
WHEREAS, Tenant has read and understands the rules and regulations that apply to the Airport; and
WHEREAS, the City is willing to lease the hangar to the Lessee subject to the terms and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1. NAME OF TENANT
Name: _________________________________________________________________ Address: _______________________________________________________________ City: _______________ State: ________________ Zip: ___________________ Phone: __________________________ Alt Phone: __________________________ Email: __________________________________
2. NOTICE
The parties agree that this agreement and the rights, duties, and obligations of the parties hereunder shall be governed by and subject to the California Self-Service Storage Facility Act, Business and Professions Code Section 21700, Et Seq. The Tenant’s property will be subject to a claim of lien and may thereafter be sold to satisfy the lien if the rent or other
charges due remain unpaid for fourteen (14) consecutive days, as provided for by the California Self-Service Storage Facility Act.
3. PURPOSE AND TERM
City hereby leases to Tenant, and Tenant hereby leases from City, hangar space ____________ (the “Hangar”), situated at the Airport, for storage of Tenant’s aircraft and associated aeronautical equipment and supplies, as identified in Exhibit “A” attached hereto. This hangar is identified as a _______ hangar. (As specified in Exhibit “A”, this hanger space may consist of a boxed hangar, an open hangar, or a nested hangar.
This Agreement shall commence (“Commencement Date”) on ___________ and shall constitute a fixed term agreement for 60 Months (not less than six months or more than five years), terminating on ____________, or month-to-month tenancy if this space is initialed_______. A month-to-month tenancy may be terminated by either party with thirty (30) days written notice.
The Hangar shall be used only for the storage of the aircraft of record identified in Exhibit “B” attached hereto and incorporated herein (the “Aircraft”), minor maintenance/repair of the Aircraft, and otherwise primarily for aeronautical uses as may be set forth in the last paragraph of this Section 3. No commercial or business activity of any kind whatsoever shall be conducted or allowed by Tenant in, from, or around the Hangar.
Any aircraft parked or stored on the Hangar for more than five (5) days, which need not be consecutive, in any twelve (12) month period shall be deemed Aircraft subject to this Agreement. Tenant shall have and maintain a Controlling Ownership Interest in at least one Aircraft, and Tenant or City-approved sub-lessee of Tenant shall have and maintain a Controlling Ownership Interest in any other Aircraft, as evidenced by FAA Aircraft Registration Certificates. “Controlling Ownership Interest”, as used herein, shall mean legal ownership of more than fifty percent (50%); the right to otherwise control the leasing, sale, and management of the subject property; or, in the case of a leased Aircraft, the lessor or lessee of the Aircraft or the owner of a controlling ownership interest in the business entity that is the lessor or lessee of the Aircraft.
In the event additional or substitute Aircraft are to be stored in the Hangar, Tenant shall give prior written notice to City which notice shall include identification of the subject Aircraft, a copy of the FAA Aircraft Registration Certificate for the Aircraft, and copies of the insurance certificates required pursuant to Section 11 of this Agreement for the Aircraft.
Exhibit ”B” to this Agreement shall then be amended to reflect such additions or substitutions.
PRIOR TO OCCUPYING THE HANGAR, TENANT SHALL PROVIDE CITY COPIES OF CURRENT AIRCRAFT REGISTRATION and/or PROOF OF OWNERSHIP,
DOCUMENTATION OF AIRWORTHINESS, CURRENT CERTIFICATE OF
INSURANCE, DECLARATION OF AIRCRAFT HOMEBASE, AND ANY OTHER AIRCRAFT DOCUMENTATION REQUESTED.
Tenant understands and agrees that should Tenant cease to use the Hangar for storage of all Aircraft set forth in Exhibit “B”, this Agreement shall terminate regardless of any other provision herein. If at any time while Tenant is in possession of the Hangar, the Aircraft is/are not flyable, Tenant shall have a twelve (12) month grace period to document that the Aircraft is legally flyable for the class of aircraft as defined by the FAA.
If Tenant is working on an aircraft project or kit, Tenant must show progress on the project, and there is a two (2) year deadline for completion of the project; Tenant may request in writing a one (1) year extension.
Unless additional uses are listed below and each initialed by the City Airport Manager, the Hangar may not be used for any purpose other than for storage of the Aircraft, and minor maintenance/repair of the Aircraft.
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________
4. BASE RENT AND CHARGES
On the Commencement Date, Tenant shall pay rent, in advance, on the first day of each month, at the City of Porterville finance office. Base rent shall be in the amount of ______________________________($______) per month (“Base Rent”), calculated at __________($____) x __________(_____) square feet as further set forth in Exhibit “C” attached hereto. The Base Rent amount is subject to an annual cost of living adjustment as explained in Section 4.b. below. Lessee acknowledges that the hangar is to be used exclusively for aircraft storage and related aeronautical activities. a. LATE FEE; FEES FOR DENIED PAYMENT. Tenant is responsible for timely payment of monthly rent and all additional charges, without notice or demand and without deduction, diminution, abatement, counter claim or setoff of any amount for any reason whatsoever, to City.
In the event any payment is not received by City by noon on the fifteenth (15th) day after it is due, Tenant shall, without notice, pay late charges in the amount of Twenty-Five Dollars ($25.00) each month that the payment remains unpaid. If payment remitted by check or other negotiable instrument is presented for payment to the appropriate institution and denied for insufficient funds, such payment shall be subject to a reprocessing fee in the amount of Twenty-Five Dollars ($25.00).
b. Annual Base Rent Increase. On the first anniversary of the Commencement Date, and each anniversary thereafter, the Base Rent shall be increased by the current City Adjustment Factor. This will determine the new “Base Rent” for the new year.
The City "Adjustment Factor" shall be a percentage calculated as follows:
Beginning January 1, 2025, and every three (3) year period thereafter, the annual rent increase shall be determined by calculating the average annual California Consumer Price Index for all areas and all consumers as reported by the State of California, Department of Industrial Relations ("CPI"), for the preceding three (3) years, with the resulting adjusted CPI applied for that year and the two (2) years that follow. However, the Adjustment Factor shall not be less than one percent (1%) nor more than six percent (6%). The rental amount rate schedule for this Agreement through December 31 of the year preceding the next Adjustment Factor calculation date is set forth in Exhibit “C” attached hereto and incorporated herein.
5. RIGHT OF FLIGHT
There is hereby reserved to City, 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 Airport. This public right of flight shall include the right to cause within the said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operating on the Airport.
6. UTILITIES
There are three options regarding payment for utilities. The paragraph below with an “x” applies to the Hangar covered by this Agreement.
a. ____ City will pay the electricity charges associated with the Hangar and Tenant will receive a prorated monthly surcharge for the Hangar. The surcharge is calculated based on an average electricity charge paid by City over a twelve (12) month period. The current monthly electricity surcharge for the Hangar is $_______. This surcharge will be adjusted each July 1st to reflect the electricity charges paid by City for hangars in the previous 12-month period. City shall have the right to adjust (increase or decrease) the surcharge to be paid hereunder upon giving Tenant no less than thirty (30) days' prior written notice of such electricity charge adjustment.
b. ____ The Hangar has an individual electric meter. Tenant is responsible for setting up an account and promptly paying all charges for electricity directly to the utility provider.
c. ____ The Hanger does not have utility service.
7. TERMINATION AND EXPIRATION
Upon termination or expiration of this Agreement, the Hangar will be inspected and Tenant shall be liable for any and all damage to the Hangar caused by Tenant’s use, including, but not limited to, damage to the apron immediately adjacent to the Hangar premises due to fuel or oil spillage, or contamination from hazardous materials.
In the event Tenant does not remove Tenant’s property, including the Aircraft, from the Hangar within fourteen (14) days of the termination or expiration of this Lease, the Tenant’s property will be subject to a claim of lien and may be sold to satisfy any lien if the rent or other charges due remain unpaid, as authorized by the California Self-Service Storage Facility Act.
8. COMPLIANCE WITH LAWS AND REGULATIONS
In utilizing the Hangar during the term of this Agreement, Tenant agrees to comply with the following:
a. Porterville Airport Lease Policy
b. Porterville City Code, Chapter 4 – Airports
c. FAA Assurances – Airport Sponsors
d. All applicable ordinances, rules and regulations established by any federal, state or local government agency exercising jurisdiction over the Hanger, as the same may be amended from time to time.
e. Any incidental non-aeronautical use of the Hangar shall not interfere with the primary aeronautical uses of the Hangar.
f. All security measures that may be imposed from time to time by City or any other applicable governmental agency. If gate codes are used, Tenant shall not be authorized to distribute gate codes to any persons. If Tenant provides any gate code to unauthorized individuals, it shall be considered a material breach of this Rental Agreement.
g. Tenant agrees that City is not responsible for the security of the Aircraft or any property located on the Hangar. It is expressly understood that no storage of airplanes, boats, cars, trucks, trailers or mobile homes is permitted outside of the Hangar or anywhere on City’s property except designated parking areas for such vehicles or aircraft.
9. SAFE USE OF HANGER; DAMAGE TO PREMISES
Tenant agrees to make no unlawful, offensive or noxious use of the Hangar. In addition, no explosives, firearms, volatile or flammable chemicals or other property which would materially increase the hazard of fires shall be stored at the Hangar; provided, however, that up to 20 gallons of aircraft fuel may be stored within the Hangar on a temporary basis
in connection with self-service maintenance activities. No aircraft shall be refueled while said aircraft is within the Hangar or otherwise on the Hangar premises. Any refueling shall occur outside and away from the Hangar and fuels shall not be stored at the Hangar, other than as provided above and in the fuel tanks internal to the stored Aircraft. If any Aircraft requires a special grade/type of fuel not provided by City and/or the Fixed Based Operator (“FBO”), if any, all rules and regulations governing the private, non-commercial selffueling of aircraft shall be followed.
Lessee shall control the conduct and demeanor of its invitees, agents, and sub-lessees, and their invitees and agents, in and around the Premises and shall take all steps necessary to remove persons whom City may for good and sufficient cause deem objectionable. Lessee shall be responsible for all damage to the Premises caused by the acts, omissions, negligence, or willful misconduct of Lessee, Lessee’s invitees and sub-lessees, and their invitees, not to exclude repair of apron in front of the Hangar due to fuel spillage. In the event Lessee does not promptly repair any damage to the Premises or property for which Lessee is responsible, City reserves the right, in addition to any other rights or remedies available to City, to make such repairs, at Lessee's expense, the cost of which shall become due and payable within ten (10) days of billing from City.
10. AS-IS; MAINTENANCE OF HANGAR; COMPLIANCE WITH RULES;
CONDITION ON RETURN
Tenant takes the Hangar as-is and shall return it to City in the same or better condition and without abandoned personal property remaining in the Hangar. Tenant agrees to maintain the Hangar in a clean and orderly condition at all times, and in accordance with California Department of Industrial Safety and Fire Codes which may apply to aircraft hangar storage and other applicable federal, state and local laws and ordinances. Tenant shall be responsible for clean-up and maintenance due to fuel or oil spills. Tenant shall become familiar with and shall at all times abide by all of City’s rules and regulations relating to use of the Hangar and the use of any of City’s other facilities, whether promulgated before or after the execution of this Agreement, and in particular Tenant shall abide by the following regulations (please initial next to each line):
a. ____ Taxiing in and out of Hanger is strictly prohibited; b. ____ Aircraft must be out of Hangar for fueling;
c. ____ All power tools used by Tenant shall be grounded; d. ____ There shall be no priming or painting in Hangars except for touching up minor chips;
e. ____ Paints, solvents, thinners, and other flammable liquids or materials will be used only when the Hangar door is completely open to provide ventilation; f. ____ Combustible materials must be stored in National Fire Protection Associationapproved containers and closed g. ____ There shall be no open flames or welding in the Hangar at any time; h. ____ There shall be no smoking in the Hangar at any time; i. ____ The Hangar shall be organized so that an Aircraft of record can be moved into the Hangar at all times; and
j. ____Tenant shall not permit any accumulation of oily rags, paper, rubbish, or other debris, nor overload electrical circuits, that could increase the risk for fire.
11. ALTERATIONS
Tenant shall not alter any existing fixtures or improvements or alter the Hangar walls, floor, ceiling or electrical system in any manner; nor shall Tenant hang anything from ceiling, walls, beams, doors, or fixtures in Hangar; nor shall Tenant add fixtures or improvements or in any other way modify the Hangar without the express and prior written approval of the City. Any and all such work approved by City shall be conducted at Tenant's sole cost and expense. All fixtures, improvements, and additions made in or upon the Hangar, whether by City or by Tenant, shall become City’s property and shall remain in or upon the Hangar at the expiration or termination of this Agreement, however terminated, without any compensation being paid by City to Tenant.
12. INSURANCE
a. INSURANCE COVERAGES. Tenant shall obtain and maintain at all times during the term of this Lease, from one or more financially solvent insurance carriers authorized to conduct business in the State of California, general liability insurance, inclusive of aircraft liability and premises liability, with a single limit for bodily injury and property damage of $1,000,000.00 per occurrence with the exception of per aircraft passenger sub-limits of $100,000.00, insuring Tenant's liability against death and bodily injury to persons, including invitees and passengers, and damage to property.
b. CERTIFICATE OF INSURANCE. With regard to the applicable insurance referenced herein, City shall be furnished duly executed certificates of all required insurance, together with satisfactory evidence of the payment of the premiums therefore, prior to the Commencement Date and, upon renewals of such policies,
no less than thirty (30) days prior to the expiration of the term of such coverage. In addition, except with respect to motor vehicle insurance (referenced below), City shall be named as an additional insured. The insurance policies of Tenant upon which City is required to be named an additional insured shall further provide at least thirty (30) days advance written notice to City and Tenant of any material change, cancellation, non-renewal or changes adverse to the interest of City or Tenant. It is expressly understood by Tenant that the receipt of any required insurance certificates by City hereunder does not constitute agreement that the insurance requirements of this Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all requirements of this Agreement. Further, the failure of City to obtain certificates or other evidence of insurance from Tenant shall not be deemed a waiver by City. Nonconforming insurance shall not relieve Tenant of its obligation to provide the insurance specified herein.
It is Tenant’s responsibility to provide the certificates of insurance with additional insured endorsement on or before the expiration date of Tenant’s existing insurance policy. A processing fee of Twenty-Five Dollars ($25.00) will be charged if the certificate of insurance is not received by City on or before the renewal date. c. MOTOR VEHICLE LIABILITY. Automobile insurance of not less than $100,000.00 bodily injury limits per person, $300,000.00 bodily injury limits per occurrence, and $50,000.00 for damage to the property of other people, is required in the event motor vehicles are used by Tenant on City premises. d. WAIVER OF SUBROGATION. All policies shall expressly waive the underwriter’s and insurance carrier’s right of subrogation against City and/or its insurance carriers.
e. PRIMARY INSURANCE. Tenant's insurance policies shall respond on a primary basis, with any insurance carried by City to be construed as secondary or excess insurance.
f. TENANT’S LIABILITY NOT LIMITIED. NOTWITHSTANDING THE
PROVISIONS OF THE PRECEDING SECTIONS, FOR PURPOSES OF THIS
AGREEMENT, TENANT ACKNOWLEDGES THAT ITS POTENTIAL
LIABILITY IS NOT LIMITED TO THE AMOUNT OF LIABILITY
INSURANCE COVERAGE IT MAINTAINS OR TO THE LIMITS REQUIRED HEREIN.
13. ASSIGNMENT
Tenant shall not assign this Agreement, or sublet or otherwise permit occupancy or use of the Hangar, without prior written consent from City. Use of the Hangar by an aircraft not properly listed as an Aircraft of record, as identified in Section 2, shall be considered default, subjecting Tenant to the termination process as set forth in Section 19.
14. LIABILITIES, INDEMNITIES, AND FORCE MAJURE
Tenant shall defend, indemnify and hold harmless City (inclusive of its subsidiaries, affiliates, as now or hereafter constituted) and its officers, directors, agents, employees, and contractors, from and against any and all cost, liability, fine, penalty, damage or injury, including cost of suit and expenses of legal services, claimed or recovered by any person or entity, arising out of or relating to use of the Hangar, or any activity, work, or other things done, permitted or suffered by Tenant in, on, or about the Hangar by Tenant, its invitees, agents, or sub-Tenants, or their invitees or agents, or any breach or default by Tenant in the performance of any obligation of Tenant set forth in this Agreement (“Contract Damages”), except in the event that such damages arise from City’s sole negligence or willful misconduct.
Further, Tenant shall indemnify City and pay any taxes or penalties imposed by any proper governing authority based upon Tenant's failure to comply or violation of any local, state or federal rule resulting from the improper utilization of the Hangar. Any such sum shall be paid within ten (10) days of written demand by City.
Neither party shall be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting from or caused by an act of God, wildfire, flood, strike, labor dispute, riot, insurrection, war, law, regulation, or any other cause beyond such party's control.
15. RISK OF LOSS
Tenant bears all risk of loss or damage to any property stored within the Hangar, whether caused by fire, water, earthquake, theft, terrorism, or any other risk. City shall not provide insurance for the Hangar or any property stored therein. Tenant acknowledges that insurance is available from independent insurance companies to protect Tenant in the event of damage or loss.
16. ENVIROMENTAL RESPONSIBILITIES OF TENANT
a. ENVIRONMENTAL REMOVAL AND DISPOSAL. Tenant shall be
responsible for the proper removal and disposal of all Hazardous Materials and Toxic Substances, as defined herein, generated by Tenant as a result of Tenant's
activities in, on and from the Hangar or the Airport, whether during the term or following expiration or termination of this Agreement. Tenant shall ensure that removal of such materials and substances from the Hangar and the Airport is accomplished in accordance with Airport, local, state and federal guidelines.
Additionally, environmental contamination caused or permitted by Tenant, which impacts the Hangar or the Airport as a result of Tenant's improper handling, disposal, release or leakage of any Hazardous Materials and Toxic Substances while utilizing the Hangar or Airport shall be the sole responsibility of Tenant. For purposes of this section, "Hazardous Materials and Toxic Substances" shall mean any hazardous or toxic substances, materials, wastes, pollutants or contaminants, as defined, listed or regulated now or in the future by any federal, state or local law, rule, regulation, ordinance, statute or order or by common law decision, including, without limitation, petroleum products or byproducts.
b. ENVIRONMENTAL INDEMNIFICATION. Tenant shall indemnify, defend and hold harmless City (inclusive of its subsidiaries, affiliates, as now or hereafter constituted) and its officers, directors, agents, employees, and contractors, from and against any and all claims (including, without limitation, third party claims from bodily injury or real or personal property damage), actions, administrative proceedings (including information proceedings), judgments, damages, punitive damages, penalties, fines, taxes and assessments, liabilities (including sums paid in settlement of claims), interest, impairments, losses, fees and expenses (including attorney's fees and expenses incurred in enforcing this provision or collecting any sums due hereunder), consultant and expert fees, together with all other costs and expenses of any kind or nature, including any and all expenses of cleaning up or disposing of any such Hazardous Materials and Toxic Substances arising from or caused by Tenant's use of the Hangar or the Airport or Tenant's failure to perform the covenants of this section (“Environmental Damages”). Tenant shall have no responsibility for any Environmental Damages which preceded the Commencement Date of this Agreement. The obligations, covenants and agreements of Tenant contained in this
17. ENTRY TO HANGAR; CITY REPAIRS
Tenant consents to City's entry into the Hangar, without notice to Tenant, in the case of an emergency which, in City’s reasonable determination, poses an imminent health or safety threat to any person or property. Under all circumstances, including inspection to ensure compliance with the terms and provisions of this Agreement, Tenant further consents to City's entry into the Hangar with twenty four (24) hours advance notice by email, or, in the event email notification is unavailable, by mail or by telephone (provided that City actually speaks to Tenant or its authorized representative), as provided in Section 24 herein. City shall further endeavor to schedule such entry into the Hangar for a time when Tenant is available to be present.
18. SUBORDINATION
This Lease is subject and subordinate to the following:
a. City reserves the right to develop and improve the Airport as it sees fit, regardless of the desires or views of Tenant, and without interference or hindrance by or on behalf of Tenant, provided Tenant is not deprived of the use or access to the Hangar or any of Tenant's rights under this Lease. Notwithstanding the preceding term, City has the absolute right, at its complete discretion, to terminate this Agreement with thirty (30) days’ notice if the City determines that such termination is necessary to carryout development plans.
b. City reserves the right to take any action it considers necessary to protect the aerial approaches to the Airport against obstruction, together with the right to prevent Tenant from erecting or permitting to be erected any building or other structure on the Airport which would limit the usefulness of the Airport or constitute a hazard to aircraft.
c. City reserves the right, but shall not be obligated to Tenant, 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 and control all activities of Tenant in this regard.
d. This Agreement is and shall be subordinate to the provisions of existing and future agreements and assurances between City and the United States, the Federal Aviation Administration, or the State of California relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the obtaining or expenditure of federal funds, state funds, services, or property for the benefit of the Airport.
e. During national emergency, City shall have the right to lease all or any part of the landing area or the Airport to the United States or the State of California for military use, and if any such lease is executed, the provisions of this Agreement insofar as they may be inconsistent with the provisions of such lease to the government, shall be suspended, but such suspension shall not extend the term of this Agreement.
Abatement of rentals shall be reasonably determined by the City in proportion to the degree of interference with Tenant's use of the Hangar. f. Except to the extent required for the performance of any obligations of Tenant hereunder, nothing contained in this Agreement shall grant to Tenant any rights whatsoever in the airspace above the Hangar other than those reasonably necessary to Tenant's enjoyment of the Hangar and which are consistent with Federal Aviation Administration rules, regulations and orders currently or subsequently effective.
g. Tenant understands and accepts City’s delegation of the prohibition against exclusive rights in accordance with the obligation set forth in the Federal Aviation Act of 1958, Section 308(a), which states “there shall be no exclusive right for the use of any landing area or air navigation facility upon which federal funds have been expended” and as set forth in 49 United States Codes Section 40107(a)(4) and U.S.C. Section 40103(e). Tenant may not exercise any of its rights or privileges under this Agreement in any manner which results in and subjects the public Airport users or tenants to unjust discrimination.
h. Tenant for himself/herself/itself, and it’s or their personal representatives, administrators, successors in interest, and assignees, as part of the consideration hereof, does hereby covenant and agree that: (a) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Airport facilities, in the construction of any improvements on, over, or under Airport land, or in the furnishing of services thereon; and (b) use the Hangar shall be in compliance with all other requirements imposed by or pursuant to Title 49 Code of Federal Regulations Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation and as outlined in FAA AC 150/5100-15A Civil Rights Requirements for the Airport Improvement Program and as said regulations may be amended.
i. Tenant acknowledges that City is subject to Federal Grant Agreement obligations, attached hereto and made a part hereof, and Tenant shall act in compliance therewith.
19. DISCLAIMER OF LIABILITY
CITY HEREBY DISCLAIMS, AND TENANT HEREBY RELEASES CITY FROM,
ANY AND ALL LIABILITY WHETHER IN CONTRACT OR TORT ( EXCEPT AS
PROVIDED HEREIN) FOR ANY LOSS, DAMAGE OR INJURY OF ANY NATURE
WHATSOEVER SUSTAINED BY TENANT, OR ITS EMPLOYEES, AGENTS OR
INVITEES, DURING THE TERM OF THIS LEASE, INCLUDING BUT NOT LIMITED
TO LOSS, DAMAGE OR INJURY TO THE AIRCRAFT OR OTHER PROPERTY OF
TENANT THAT MAY BE LOCATED OR STORED ON OR IN THE HANGAR , UNLESS SUCH LOSS, DAMAGE OR INJURY IS CAUSED BY CITY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE PARTIES HEREBY AGREE
THAT UNDER NO CIRCUMSTANCES SHALL CITY BE LIABLE FOR INDIRECT,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT OR TORT.
20. DEFAULT
Tenant shall be considered in breach and default of this Agreement in the event and of the following occur (each is separately a “Default”)
a. Tenant defaults in its obligation to pay rent and such default continues for fifteen (15) days after written notice from the City;
b. Tenant defaults in the performance of any other obligation or violates any other term or provision herein and such default or violation continues for twenty-one (21) days or is repeated, after written notice thereof from City; c. Tenant is a corporation, limited liability company, or other business entity and ceases to lawfully exist under the laws of the State of California or the state of its organization; or
d. A petition is filed by or against Tenant under any state or federal bankruptcy laws (including petition for reorganization)
In the event that Tenant is in Default of this Agreement, then City may, at its option, terminate this Agreement upon written notice to Tenant, in which event the provisions of Section 6 (pertaining to termination and expiration) herein shall apply.
21. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of California.
This lease is entered into and is for property located in Tulare County. Venue shall be in the appropriate court in and for Tulare County.
22. RELATIONSHIP TO PARTIES
The relationship between City and Tenant shall always and only be that of landlord and tenant. Tenant shall never at any time during the term of this Agreement become the agent of City, and City shall not be responsible for the acts or omissions of Tenant, its employees or agents.
23. REMEDIES CUMULATIVE
The rights and remedies with respect to any of the terms and conditions of this Agreement shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies available to either party in law or equity.
24. NOTICES
Except as provided in Section 16 (pertaining to entry into the hangar), all notices to be given hereunder shall be in writing and shall be sent by certified mail postage prepaid, addressed as follows:
NOTICE TO CITY: NOTICE TO TENANT:
City of Porterville Name: __________________
Transportation Department Address: ________________
Airport Division ________________________
291 N. Main St. Phone: __________________
Porterville, CA 93257 Email: __________________
Tenant is specifically required to provide below the name and address of another person to whom Preliminary Lien Notices and subsequent notices pursuant to the California SelfStorage Facility Act may be sent:
Name: __________________________ Phone: ______________________________ Mailing Address: _________________________________________________________ Email: __________________________________
Any notices permitted or required to be given by the terms of this Agreement shall be effective three (3) business days after mailing, or the next business day after emailing.
25. INTEGRATION
This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, between the parties. Any change or modification hereof must be in writing signed by both parties.
26. WAIVER
The waiver by either party of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms thereof. No failure of City to insist upon the strict performance of any term, covenant, agreement, provision, condition or limitation of this Agreement or to exercise any right or remedy consequent upon a breach thereof, and no acceptance by City of full or partial rent during the continuance of any such breach or application of the security deposit in light of
any breach, shall constitute a waiver of any such breach or of any such term, covenant, agreement, provision, condition, limitation, right or remedy. No term, covenant, agreement, provision, condition or limitation of this Lease to be kept, observed or performed by City or by Tenant, and no breach thereof, shall be waived, altered or modified except by a written instrument executed by City or by Tenant, as the case may be. No waiver of any breach shall affect or alter this Agreement, but each and every term, covenant, agreement, provision, condition and limitation of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof.
27. SUCCESSORS
This Agreement shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns of the parties hereto.
28. SEVERABILITY
If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties and subject matter of this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties.
29. TIME IS OF THE ESSENCE
Time is of the essence in the performance of all of Tenant's obligations under this Agreement.
30. TAXES, ASSESSMENTS AND FEES
1. Tenant shall pay, without abatement, deduction or offset all real and personal property taxes related to its possessory interest, including general and special assessments, and other charges of every description levied on or assessed against the Leased Premises, improvements located on the Leased Premises, personal property located on or in the land or improvements, the leasehold estate, or any subleasehold estate, to the full extent of installments falling due during the term, whether belonging to or chargeable against City or Tenant. Tenant shall make all such payments directly to the charging authority at least fifteen (15) days before delinquency and before any fine, interest or penalty shall become due or be imposed by operation of law for nonpayment. If, however, the law permits the payment of any or all of the above items in installments (whether or not interest accrues on the unpaid balance), Tenant may, at Tenant’s election, utilize the permitted installment method, but shall pay each installment with any interest before delinquency. Tenant shall pay any charge or levy only upon the rent payable by the Tenant under the Lease to City, and any tax in lieu of property tax, but shall not be required to pay
any franchise, state inheritance, succession, capital levy or transfer tax of the City, or any income, excess profits or revenue tax, or any other tax, assessments or charge attributable to City. In addition, City shall be solely responsible for any income taxes assessed against City arising out of its operation of the Airport or related to the rents received from Tenant.
2. If at any time during the term of the Lease any tax, however described, is levied or assessed against City as a substitute, in whole or in part, for any real property taxes, or in addition to such real property taxes, Tenant shall pay before delinquency the substitute of additional tax or excise. Such substitutes include, but are not limited to, any possessory interest tax imposed on Tenant by California Revenue and Taxation Code Sections 103 and 107.
3. Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxes pursuant to Revenue and Taxation Code Section 107.6 and that, if a possessory interest is created, Lessee shall, in accordance with this Section 5, be responsible for payment of property taxes levied against such possessory interest.
Any documentary transfer tax assessed upon creation of a leasehold interest in the Premises under this lease shall be paid by Lessee. Lessee hereby expressly acknowledges that City has given Lessee notice that Lessee’s possessory interest in the demised premises may be taxed.
____________________
Lessee’s initials
31. CITY’S PROPRIETARY CAPACITY
Tenant acknowledges that City is entering into this Lease in its proprietary capacity and not in its regulatory or governmental capacity. Nothing in this Lease shall be construed as restraining, impairing, or restricting the City in its regulatory or governmental capacity, or granting any rights upon Tenant with respect to the use, occupancy, development, or operation of the Premises in a manner inconsistent with any laws or applicable requirements.
32. APPROVAL OF ANY FUTURE DEVELOPMENT
Nothing in this Lease is intended to commit the Tenant to completing a particular project or to commit City to granting any approval for such proposed use. The City’s approval of this Lease does not constitute approval by the City of any proposed development on the Premises or of other activity on the Premises that would have a direct or reasonably foreseeable indirect environmental impact pursuant to the California Environmental Quality Act (“CEQA”). Nothing in this Lease, nor any action by Tenant with reference to this Lease or any related
documents shall be deemed to constitute issuance or waiver of any required City approval regarding the Premises, or waiver or exercise of any legislative discretion of the City regarding any application, approval or other matter relating to Tenant’s intended use of the Premises.
33. NET LEASE
This lease shall be a triple net Lease and Base Rent shall be paid to City absolutely net of all costs and expenses, except as specifically provided to the contrary in this Lease. It is understood that City will receive the rent set forth in this Lease free and clear of any and all other impositions, taxes, liens, charges, or expenses of any nature whatsoever in connection with the ownership and operation of the Premises. In addition to the rent required by this Lease, and to the other amounts payable by Tenant pursuant to this Lease, Tenant shall pay to the parties respectively entitled thereto all other impositions, operating charges, maintenance charges, construction costs and any other charges, costs, and expenses which arise or may be contemplated under any provision of this Lease during the term hereof. All of such charges, costs and expenses shall constitute additional rent, and upon the failure of Tenant to pay any of such costs, charges or expenses, City shall have the same rights and remedies as otherwise provided in this Lease for the failure of Tenant to pay rent. It is the intention of the parties hereto that this Lease shall not be terminable for any reason by Lessee, and that Tenant shall in no event be entitled to any abatement or reduction in rent payable under this Lease, except as herein expressly provided. Any present or future law to the contrary shall not alter this Lease.
34. TENANT
By signing this document, I agree to abide by the terms and conditions of this Agreement, and rules and regulations of the City of Porterville; and certify under penalty of perjury that I have a “Controlling Ownership Interest” in at least one of the Aircraft listed on Exhibit “B“ (Aircraft of Record Registration and Documentation Checklist).
SIGNATURE PAGE FOLLOWS ON NEXT PAGE
Executed in Porterville, California, on the date and year first above written.
LESSEE LESSOR: CITY OF PORTERVILLE
By: ___________________________ By: _____________________________ (Name of Lessee) Richard Tree
Transportation Director
City of Porterville
Exhibit B – Aircraft of Record Checklist
The purpose of this form is to document aircraft of record that are authorized to park in the Lessee’s hangar, consistent with criteria outlined in Section 2 - Premises of the lease, and to provide the Lessee and staff a documentation checklist.
Tenant
Info
Name:
Physical Address:
Mailing Address:
(if different than billing)
Phone: Home: Cell:
Email:
Complete the below for all aircraft of record; make additional copiesif necessary. If you do not have an aircraft when you are offered a lease, state “NONE” in N Number; you have 12 months to acquire a suitable aircraft of record. You must provide an insurance certificate even without an aircraft.
Aircraft Info Aircraft of Record –
Primary
Aircraft of Record - Alternate
Is this aircraft a project?
(no airworthiness certificate), if so, note
estimated completion date
N Number
Make
Model
FAA Registration, (or bill of sale and FAA
registration application)
List name(s) of owner
Mustsubmit with lease
Proof of Ownership Interest
(if FAA Reg not in your name, describe and
submit, e.g., LLC, lease documents stating
interest)
Certificate of Insurance naming City
additionally insured (annual requirement)
Must submit with lease
Airworthiness Certificate (FAA Form 8100-2,
8130-7, or older version) Must submit with
lease, unless project
Copy of annual inspection sign-off or affidavit
of flyability (annual requirement- affidavit
shall include perjury wording at bottom of this
form) Must submit with lease
Aircraft is homebased at:
In County / State of:
“I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”
Signature: Date:
AIRPORT LEASING POLICY
Porterville Municipal Airport
ADOPTED FEBRUARY 18, 2025
City of Porterville
Airport Lease Policy
Contents
1. Introduction .......................................................................................................................................1
2. Definitions..........................................................................................................................................3
3. Exclusive Rights...............................................................................................................................5
4. Requests for Leases .......................................................................................................................5
5. Application Documents..................................................................................................................6
6. Action on Application .....................................................................................................................7
7. Standards for Leasing Airport Property.....................................................................................8
8. Written Agreement.........................................................................................................................16
9. FAA Required Lease Provisions................................................................................................16
10. Rentals, Rates, Fees, and Charges .......................................................................................16
11. Construction of Leasehold Improvements..........................................................................19
City of Porterville
Airport Lease Policy
1 City of Porterville Leasing Policy for the Porterville Municipal Airport Adopted February 18, 2025
1. Introduction
a. Purpose
Airport Operated for Benefit of the Public. Through its Leases, and by other means, the City will ensure that the Airport is operated for the use and benefit of the public and is made available to all types, kinds and classes of aeronautical activities.
As an Airport Sponsor and recipient of Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grants, the City of Porterville (hereinafter, “City”) is obligated to operate the Porterville Municipal Airport (PTV) for the use and benefit of the public and to make it available to all types, kinds, and classes of aeronautical activities on fair and reasonable terms and conditions without unjust discrimination.
Further, the City leases property at the Airport for certain non-aeronautic uses to provide revenue support to the airport. Per 49 USC 47107(b) and 47133(a), revenues generated by a public airport are required to be expended for the capital or operating costs of – (A) the airport, (B) the local airport system, (C) other local facilities owned or operated by the airport owner or operator and directly and substantially related to the air transportation of passengers or property. Given these obligations, the City hereby establishes this policy to set forth a standardized system and process for leasing property at the Airport.
In furtherance of this objective, the City leases airport property based on the following principles:
• Promotion of aeronautic and aeronautic-compatible enterprise fund activities for the benefit of the Porterville community. • Preservation of the City’s investment in the Airport. • Facilitation of orderly management of the Airport.
• Ensuring consistent quality of facilities at the Airport.
City of Porterville
Airport Lease Policy
2 • Providing equitable and uniform treatment of all Lessees. • Ensuring compliance with applicable laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application and acceptance of Federal Funds.
• Enabling conformity with the FAA approved Airport Layout Plan and Exhibit ‘A’, Airport Property Map.
• Making the Airport available for public use on reasonable terms without unjust discrimination.
• Maintaining a fee and rental structure with the goal of financial selfsufficiency for the Airport.
Persons seeking to provide a Commercial Aeronautical Activity at the Airport shall also be obligated to adhere to the requirements set forth in the Airport Minimum Standards, Airport Rules & Regulations, and current FAA Guidelines and Regulations.
In accordance with FAA Leasing Guidelines, Grant Assurances and general FAA policy statements, ownership of all lease site development and improvements shall revert to the Airport at no cost to the Airport at the conclusion of the lease. Lease length shall be established in order to allow tenants to recuperate their initial investment, long term leases beyond the life of the asset will not be entertained.
At the conclusion of the lease term, a new lease agreement may be entered into with the site occupants in accordance with the then-existing Airport Leasing Policy and then-existing Airport Layout Plan. The premises are considered to be owned by the Airport and the lease terms will reflect that condition accordingly. The rental rates charged and the lease term allowed will be based on airport ownership of the premises.
City of Porterville
Airport Lease Policy
3 2. Definitions
For the purpose of this policy, the following definitions shall apply:
• Aeronautical Activities – Activities directly related to the operation, maintenance, and storage of aircraft, including flight training, aircraft maintenance, charter service, and Fixed Based Operator (FBO) services. • Airport – The Porterville Municipal Airport (PTV), including all associated land, facilities, and infrastructure.
• Airport Manager – The individual designated by the City to oversee Airport operations and enforce Airport policies.
• Airport Leasing Policy – This document as established and amended from time to time by the City, to govern the safe, orderly, and efficient leasing of Airport property.
• Airport Layout Plan (ALP) – The FAA approved and Airport adopted drawing, as may be amended from time to time, which reflects an agreement between the FAA and Airport depicting the physical layout of the Airport. The ALP identifies the location and configuration of current and proposed runways, taxiways, buildings, roadways, utilities, navaids, etc.
The ALP also includes the proposed allocation of Airport land and/or improvements to specific uses and/or development. The ALP reflects the existing and proposed allocation of areas of the Airport to specific operations and support functional usage.
• Airport Sponsor – The City of Porterville under the FAA guidelines and requirements to operate a public use airport facility.
• Applicant – A person submitting an application to the City to lease airport property.
• City – The City of Porterville, owner and operator of the Airport, acting by or through the City of Porterville City Council, the City Manager, the Transportation Manager, the Airport Manager, or any duly authorized employee, agent, or instrumentality of the City of Porterville. Discretion, opinions and approvals of “City” under this section refer to the responsibilities and authorities delegated to the City Council and designated City staff members as may be assigned these tasks through adopted policy. • City Council – The legislative body that governs the City of Porterville.
City of Porterville
Airport Lease Policy
4 • Commercial Aeronautical Activity – An Aeronautical Activity for commercial purposes.
• Commercial Aeronautical Operator – Any entity providing aeronautical services to the public, such as flight training, aircraft rental, or aircraft maintenance.
• FAA – Federal Aviation Administration.
• Fair Market Value (FMV) – The rental value of Airport land or facilities as determined by a qualified independent appraisal, market analysis, or competitive lease rates at comparable airports.
• Fixed Base Operator (FBO): A commercial business granted the right to operate on the Airport and provide services such as fueling, aircraft storage, maintenance, and flight instruction.
• General Aviation – All phases of aviation other than military aviation and scheduled or non-scheduled commercial air carrier operations. • Ground Lease: A long-term lease agreement for the use of Airport land on which the Lessee constructs improvements (e.g., hangars, commercial buildings).
• Lease – A contract between the City and any person wherein the City grants the use or occupancy of Airport property and certain leasehold interests for a specified period in exchange for a specified rent.
• Lessee: Any individual, entity, or business that enters into a lease agreement with the City for the use of Airport property. • Leasehold Improvements: Any structures or modifications made by the Lessee on leased Airport land, such as buildings, hangars, or paved surfaces.
• Non-Aeronautical Use: Any use of Airport land or facilities that is not directly related to aviation, subject to FAA approval.
• Rules and Regulations – The policies, procedures, and regulations, established and amended from time to time by the City Council, to govern the safe, orderly, and efficient use of the Airport.
City of Porterville
Airport Lease Policy
5 • Sublease – An agreement between a primary Lessee and a third party to lease a portion of the Lessee’s leased premises, subject to City approval. If approved, sublessees must enter a new lease agreement under current City terms.
• Term – The total period of time which the Lease may or might remain in effect. (For instance, a Lease for an initial period of 5 years, which may potentially be extended for an additional 5-year period, is a Lease for a term of 10 years).
• Unimproved Land – Airport land that has no existing buildings or significant infrastructure improvements.
3. Exclusive Rights
a) Federal law forbids the granting of an exclusive right to provide aeronautical services at an airport on which federal funds have been expended. An exclusive right is a power, privilege or other right excluding or debarring another from enjoying or exercising a like power, privilege or right. The City will not grant any such special privilege or monopoly in the use of public Airport facilities.
b) It is the policy of this City not to enter into or promote any understanding, commitment, or express agreement to exclude other reasonably qualified Lessees; the presence on the Airport of only one Lessee engaged in a particular aeronautical service(s) will not, in and of itself, indicate that an exclusive right has been granted. Accordingly, those who desire to enter into a Lease with the City to engage in an aeronautical activity should neither expect nor request the City to exclude others who desire to engage in the same or similar activities. The opportunity to engage in an aeronautical activity shall be made available to those meeting reasonable qualifications and standards relevant to such activity and as space may be available at the Airport for such an activity.
4. Requests for Leases
a) Written Application Required.
Any Person desiring to enter into a Lease with the City for permission to occupy Airport property shall make written application to the City for such permission.
City of Porterville
Airport Lease Policy
6 b) Applicant Must Demonstrate Qualifications.
If an Applicant is seeking to engage in a Commercial Aeronautical Activity, he/she shall also provide all application information and materials required.
Application materials shall consist of a fully executed Application Cover Sheet, all the information specified in this Leasing Policy, the Airport’s Minimum Standards, if applicable, and all documentation deemed necessary by the City for a full and complete analysis of the Applicant’s qualifications. The Cover Sheet shall include the benefit that will accrue to the aviation public, not-for-profit entities, and commercial activities, from the Applicant’s proposed use of Airport property.
c) Space Limited to Demonstrated Need.
A single aeronautical activity, although meeting all reasonable standards and qualifications, shall be limited to a lease of such space as is needed for that activity. When an Applicant seeks to lease property from the City, he/she must provide evidence of demonstrated need for the Airport property in question. The City will only agree to lease the amount of land justifiably required for the specific use. Additional land for unsubstantiated future expansions is not allowed.
5. Application Documents
Each application for Lease of Airport Property shall be in writing and in sufficient detail to discern the complete qualifications of the Applicant and shall include a Cover Sheet briefly describing the proposal, the offered lease rate, and other key summary information, accompanied by a written application including the details listed below:
a) The name, address, electronic mail address, and telephone number of the Applicant.
b) The amount, size, and location of the land and/or facilities desired to be leased.
c) Descriptions and cost estimates of any proposed capital improvements to be undertaken by the applicant, or proposed to be provided by another party. This specifically includes tenant improvements if the lease proposal is for an existing building.
d) The types and amounts of insurance coverage to be maintained for the proposed use Airport property.
City of Porterville
Airport Lease Policy
7 e) A current financial statement prepared or certified by an independent certified public accountant and certified by the Chief Financial Officer of the Applicant. The City shall consider financial statements in evaluating the Applicant’s financial ability to construct capital improvements, occupy Airport property, and enter into a Lease of Airport property. f) To the extent allowed by law (if any), proposed applications for Leases, and the financial terms thereof, shall initially be maintained as confidential, for discussion between staff and the Applicant, and for discussion among staff, the Applicant, and the City Council.
g) Evidence, in a form acceptable to the City, of the Applicant’s financial ability to complete construction of proposed capital improvement in one of the following forms:
i. A performance bond in the amount equal to the cost for constructing the proposed improvements.
ii. An irrevocable letter of credit guaranteeing funds to complete the project.
iii. An escrow agreement administered by a title and escrow company; or
iv. A trust administered by a commercial bank.
6. Action on Application
After an application has been completed and materials are submitted in accordance with Section 4, it will be reviewed by the City and a determination made regarding approval.
The City may deny any application if, in the City’s opinion, any one or more of the following:
a) The Applicant's proposed use of Airport property or construction of leasehold improvements will create a safety hazard on the Airport. b) The granting of the application will require the City to spend funds, supply labor or materials in connection with the proposed activity, or the activity is expected to result in a financial loss to the City.
City of Porterville
Airport Lease Policy
8 c) Inappropriate, inadequate, or insufficient space exists at the Airport to accommodate the proposed activity or business.
d) The development or construction on the Airport necessary to accommodate the proposed business does not conform to land uses specified on the FAAapproved ALP. e) The development or use of the area requested by the Applicant will result in congestion of aircraft or buildings or will result in unduly interfering with other Airport operations.
f) The Applicant does not meet the requirements of the Airport Leasing Policy. g) The Applicant has either intentionally or unintentionally misrepresented or omitted any pertinent information in the application or in supporting documents.
h) The Applicant has a record of violating the Rules and Regulations of the Airport or of any other airport, FAA regulations, or any other federal, State, or local statutes, laws, rules, or regulations.
i) The Applicant has defaulted in the performance of any lease or any other agreement with the City or other airport(s).
j) The Applicant does not, in the opinion of the City, exhibit adequate financial responsibility to undertake the project based upon financial information provided.
k) The Applicant cannot provide acceptable surety in the amount required by the City.
l) The proposed activity or development is not in the best interest of the Airport or the public.
7. Standards for Leasing Airport Property
a. Lease Classification.
The City will address each airport lease and/or proposed airport lease for the purpose of definition and relevance to airport use according to the following classifications:
City of Porterville
Airport Lease Policy
9 • Non-commercial Hangar – Primarily for private aircraft storage; The City will determine if smaller parcels or additional infrastructure provisions are necessary.
• Non-commercial Multi-Tenant – A proposed development of a number of private hangars under one project which affords multiple tenants the benefits of larger economy of scale to offset the burdens of project development costs.
• Commercial Aviation (FBO) – Any commercial service facility allowing single or multiple aviation service disciplines to be accommodated on one site.
• Non-aviation Commercial/Industrial – Any entity that provides benefit to the airport, the community, or the local economic base through services or employment provided, which remains compatible with the Airport existence. This category includes but is not limited to Hotels, Conference and Recreational uses.
• Public Facility – Government sponsored and publicly operated uses that provide benefits to the airport, aviation, and/or the local community are part of this category.
• Non-profit Entities – A number of uses qualify as non-profit organizations and valid services that benefit not only aviation, but also a variety of public causes and concerns. Rental agreements are therefore justified.
• Unimproved Land – The occasional need to enter into leases and use agreements for uses which utilize larger amounts of land but without specific definition or qualification. e.g., The farming contract maintains vast portions of airport property not otherwise utilized.
Occasional airport/aircraft operations require large areas for specific short-term purposes.
b. Requests for Additional Space.
If the need for additional space becomes apparent for or in connection with a new or expanded activity, or one not authorized by the Lessee’s existing Lease, the request for additional space may be treated as a new Lease request by the City. Otherwise, a simple amendment to the existing lease agreement may be appropriate.
City of Porterville
Airport Lease Policy
10 c. Applicability of FAA Policy on the Non-Aeronautical Use of Airport Hangars.
In addition to the specific requirements set forth in this policy, the City airport is subject to the FAA Policy on the Non-Aeronautical Use of Airport Hangars, 81 FR 38906, as may be further amended. Pursuant to this policy, some areas of the airport may be designated for non-aviation use, with explicit FAA approval, but aeronautical facilities of the airport must be dedicated to use for aviation purposes. FAA policy generally requires tenants utilizing hangars for nonaeronautical purposes to pay a selfsustaining, fair market commercial (nonaeronautical) rental rate. FAA approval is also required to permit interim non-aeronautical use of hangars.
While the City is able to lease hangars and other airport property designated for aeronautical use when there is no current demand for the aeronautical use of a hangar or property, the FAA policy additionally requires that the City either 1) lease the hangar for a period of 3 to 5 years and include a clause allowing the City to recover the hangar for aeronautical purposes with 30 days notice; 2) request preapproval of a month-to month leasing plan if it wishes to allow the leasing of such hangars for interim nonaeronautical purposes; or 3) acquire advance written approval from the FAA on a case-by-case basis.
d. Lease Term.
The term is categorized according to the following considerations:
i. Long-term development of unimproved land.
ii. Occupancy of facilities owned by the Airport.
iii. The designation of the facility or proposed property on the ALP. iv. The Lessee’s proposed use of the property (See Section 7.c. above). v. The Lessee’s proposed capital investment in facilities and peripheral benefits to the airport.
While subject to specific negotiations between the City and each Lessee, as well as the additional restrictions set forth in this policy, the standard lease terms would be as follows:
i. Initial lease term is up to 5 years, with four (4) successive 5-year renewal options (totaling up to 25 years).
City of Porterville
Airport Lease Policy
11 ii. Renewal is contingent upon meeting inspection, compliance, and maintenance conditions, but the City may choose not to renew for airport needs or non-compliance.
In responding to a request to exercise an Option to Extend, the City will consider whether the Lessee is or has been in default of any terms and conditions of its Lease as well as the structural integrity, safety, and appearance of the leasehold improvements. Upon receipt of the request, the City will inspect the leasehold improvements for condition, appearance and viability for continued occupancy. The actual lease agreement shall be reviewed for compliance with its terms and conditions.
d. Lease Expiration.
In order to ensure compliance with this Policy and FAA Guidelines, it is not feasible to simply extend the term of existing leases, and thus, no time extensions will be allowed other than as explicitly set forth within the specific lease terms. Notwithstanding the foregoing, it is not the intent of the City to arbitrarily require the wholesale removal of existing tenants from their lease sites, so long as the occupancy remains viable and the basic provisions of this Policy and FAA Guidelines can be met.
I. As current leases reach a time where extension of term is essential to accommodate additional operations or development plans, the provisions of this policy may be implemented. The occupancies may be allowed to remain, but only under a new lease agreement, drafted and executed under the policies and standards currently outlined in this document and as may be amended in the future. As policies change, rental rates and escalations are adjusted, and new legal provisions evolve, new lease agreements will contain these necessary modifications. The provisions of Section E (Reversion) below will apply.
II. If a lease extension on an existing occupancy is requested, the terms for the new lease will remain relatively unchanged for that duration.
Although the Lessee will be a new entity, no additional investment in the property is anticipated. No change in occupancy is intended. The ownership of site and building improvements as outlined in the lease will apply. With no Capital investment, the new term may be 5 years, so long as the lease remains in full compliance and the age and current condition of the leased premises and its improvements remain viable and useable. If significant investment and/or new City of Porterville
Airport Lease Policy
12 development is requested or anticipated, then terms under the new lease would be extended commensurate with the amount of investment considered.
III. At the conclusion of the new lease, ownership of all site and building improvements revert to the Airport. Any subsequent occupancies are authorized under new lease agreements and shall be executed according to the adopted standard for new leases of City property. In accordance with FAA orders and guidelines, rental rates for leases on non-aeronautical sites will be based on the Fair Market Value as established for the premises. Rental rates for lease on the aeronautical sites will be based on fair and reasonable value as established for the site.
e. Reversion.
At the termination or conclusion of any lease agreement, the ownership of all site and building improvements shall revert to the Airport, except under the following conditions:
I. The occupancy is allowed to remain under the provisions of a new, short-term lease.
II. The preceding lease agreement specifically identifies the owner and states that he retains ownership and the right to remove the hangar from the airport.
III. The Airport, upon thorough inspection of the building, determines that it is not suitable or viable to remain as an operable and maintainable building. In which case the Tenant is required under the terms of the outgoing lease to remove the building at Tenant’s own cost and responsibility.
If the building improvements are allowed to remain, no further lease extensions are granted, and a new lease agreement is not entered into, the Lessee shall agree that all said improvements shall, become the property of the City. Under no circumstances shall the Tenant be entitled to any compensation for the value of its business, franchise, or improvements. f. Leases for Private Aeronautical Uses.
The City is required to operate the Airport for the maximum use and benefit of the public, and must retain the ability to make reasonable provision for City of Porterville
Airport Lease Policy
13 essential support services for those who use the Airport; nevertheless, some private aeronautical uses may be beneficial to the City; for instance, a private flying club might be a desirable and compatible use. Proposed Leases for private aeronautical uses will be evaluated on a case-by-case basis, taking into account long-term plans for the development of the Airport, the benefits which may be derived from the proposed Lease, the potential costs of the proposed Lease to the City, the availability of suitable space, the potential for conflict or interference with the public uses of the Airport, and any other factors the City deems relevant. g. Adherence to Airport Layout Plan (ALP) Required.
The ALP depicts the entire property of the Airport and identifies existing facilities and plans for future development. The ALP reflects the existing and proposed allocation of areas of the Airport to specific operations and land uses. No use, occupancy, construction, modification or improvement that is inconsistent with the Airport’s FAA-approved ALP shall be viewed as desirable by the City. The conversion of any area of the Airport to a substantially different use than that shown in the approved ALP could adversely affect the safety, utility or efficiency of the Airport. Only upon a determination by the City that a particular construction, modification or improvement would serve the needs of the Airport public for facilities or services, and that a change in circumstances is evident such that the need for space for such facilities or services was not anticipated at the time the most recent ALP was submitted to the FAA for approval, will the City consider making application to the FAA for approval of a revision of the ALP pursuant to the request of an Applicant or Lessee. Nothing contained in this policy shall require the City to make such application. h. Development of Vacant Airport Property.
Any application for permission to develop vacant airport properties shall include, in addition to all other required materials, a site plan depicting the nature and location of the proposed development. Before actual development, the site plan must be approved by the City. i. Liens or Encumbrances to Airport Property.
The tenant is given the right by the City to mortgage its interest in the Lease, under one or more leasehold Mortgage(s) and assign its interest in this Lease, as collateral security for such Mortgage(s) to secure any bona fide loan upon the condition that all rights acquired under such leasehold City of Porterville
Airport Lease Policy
14 Mortgage(s) shall be subject to each and all of the covenants, conditions and restrictions set forth in the Lease.
j. Financing Airport Development.
The City is under no obligation to provide financing, or to make any improvements to Airport property to facilitate leasehold improvements proposed by an existing or prospective Lessee. If such a Lessee cannot demonstrate the financial means to implement and pay for such development that may be an indication that the proposed development would not be in the best interests of the City or the public using the Airport.
Nevertheless, once an Applicant or Lessee has demonstrated the requisite financial responsibility, the City may choose to pursue any federal, state or City funds to contribute to the leasehold improvements, if in doing so there would be no diversion of funds away from capital improvements or the Airport capital budget program planned by the City.
k. General Rights and Privileges Granted.
Airport Leases are designed to accomplish one or more of three basic rights or privileges:
• The right for a Person to use the landing area and other public Airport facilities in common with others so authorized;
• The right to occupy Airport Property, and to use exclusively, certain designated premises; and/or
• The commercial privilege or the franchise right to offer goods and services to the public who use the Airport.
The City will not enter any Lease without receipt of adequate consideration for the rights granted therein.
l. Control Over Operations.
Any Lease granting the right to serve the public on the premises of the Airport shall be subject to terms and conditions reserving to the City sufficient control over operations to ensure that the Lessee will treat patrons fairly. The Lessee must agree to make available its services and facilities on fair and reasonable terms, and without unjust discrimination. m. Control over Aeronautical Activity and Development.
City of Porterville
Airport Lease Policy
15 The City will enter into no Lease that would require it to divest itself of the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, or the right to prevent any Lessee from erecting, or permitting to be erected, any building or other structures that might limit the usefulness of the Airport or constitute a hazard to aircraft. The City will enter into no Lease that would require it to divest itself of, or limit its right to develop or improve the Airport as it sees fit, regardless of the desires or views of any Lessee and without interference or hindrance from such a party.
n. Airport Minimum Standards.
The Airport Minimum Standards set forth the qualifications which must be met by a Lessee conducting certain aeronautical activities at the Airport.
They establish a basis for practical negotiations between the City and potential Lessees offering such activities; however, prospective Lessees should be aware that the City, if presented with a choice between multiple potential Lessees for a single space or facility, will give preference to Lessees who can offer the City and the public the highest standard of quality and service which may well exceed the Airport Minimum Standards for a proposed activity. Existing and prospective Lessees shall understand that the City may increase its Airport Minimum Standards from time to time, in order to ensure a higher quality of service to the public. Only in the rare circumstance, where the aviation community at the Airport has encountered difficulty in attracting a competent service entity, shall the City consider waiving an Airport Minimum Standard to allow a period of initial development. In all other circumstances, it is the policy of the City not to enter into Leases with Lessees who cannot meet the applicable Airport Minimum Standards.
o. Waivers of Immunity.
The City will enter into no Leases that require it to waive any sovereign, governmental or other immunity to which it may be entitled, or that would require it to submit to the laws of any state other than those of the State of California.
p. Indemnification.
Every Lessee desiring to Lease Airport property shall agree to indemnify and hold the City, its officers, officials, agents, representatives and employees from and against any and all injuries, damage or harm, or any City of Porterville
Airport Lease Policy
16 nature whatsoever, which may result from its use or occupancy of Airport property.
8. Written Agreement
All Persons, prior to the commencement of construction of leasehold improvements or operation of an Aeronautical Activity as defined herein, shall enter into a Lease with the City setting forth the terms and conditions by which the Person shall occupy and use Airport property. Leases entered into by the City are designed to protect the public interest and may contain more restrictive clauses than private sector leases, are to be in a form approved by the City’s legal counsel and shall, at a minimum; conform to local/regional standards of tenant responsibility and liability.
Each Lease shall include all provisions required by law and obligations placed upon the City by all federal and State agencies including, but not limited to, compliance with all federal, state and local laws and regulations pertaining to the use of the leased premises. Other Lease provisions contain standard language, developed through continuous review and revision of the document for conformance to FAA regulations, real estate law, changing economic conditions and other risks associated with land ownership. A sample of that document is available for review.
9. FAA Required Lease Provisions
In addition to the minimum terms and conditions listed in Section 9, each Lease shall contain provisions requiring the Lessee to furnish services on a reasonable basis to all users thereof, and charge reasonable and not unjustly discriminatory, prices for each unit or service, provided that the lessee may make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers.
10.Rentals, Rates, Fees, and Charges
a. Financially Self-Sufficient.
The City has an obligation to make the Airport as self- sufficient as possible under the circumstances existing at the Airport at any given point in time.
Toward this end, the City, through its Leases, and by other means available to it, shall endeavor to recover the cost of providing its facilities, through rentals, fees or other charges. All Leases shall provide for adequate consideration to be received by the City in compensation for the rights and privileges therein granted. It shall be the policy of the City to seek Lease City of Porterville
Airport Lease Policy
17 terms and conditions that, while fair and nondiscriminatory, provide the most advantageous returns to the City.
b. No Unjustifiably Discriminatory Rates.
Each Lessee shall be subject to rates, fees, rentals and other charges (e.g., fuel flowage fees, hangar rentals, percentages of gross volume of business, etc.) as may be currently applicable to, or being received from others making the same or similar uses of the Airport, utilizing the same or similar facilities. Nevertheless, in respect to a contractual commitment from any Lessee, the City may charge different rates to similar users of the Airport if such rates are nondiscriminatory in purpose. Differences in values of properties involved, and the extent of use made of common use facilities may be factors to be considered. Seldom will each Airport user have properties of the same value nor will their use and impact upon common facilities be the same. If one Lessee is in what is considered a prime location, and another is in a less advantageous area, there could logically be a differential in the fees and charges, to reflect this advantage of location.
This factor might also influence the rental value of the property. If one Lessee rents office and/or hangar space and another builds its own facilities, this would provide justification for different rental and fee structures; these two Lessees would not be considered essentially similar as to rates and charges even though they offer the same services to the public.
c. Rental Rate.
The City pursues its objectives towards financial self-sufficiency through establishing fair and equitable rental rates to the greatest extent possible.
Competition may determine applicable rates and charges. In situations where leases are awarded as the result of competition, said Leases shall be subject to the financial terms and conditions proposed therein. Leases obtained through this process may offer returns that are higher than those being received from existing leases at a given point in time.
The alternative in a rental process is to define a rental rate based on the current market value of the subject property and then negotiating within an adopted range of pricing, based on the relative merits and local benefits identified for the particular lease agreement.
d. Periodic Adjustment of Rates.
City of Porterville
Airport Lease Policy
18 Providing for adjustments to rental rates and Airport user fees facilitates parity of rates and charges between new and long-standing Lessees and enables the Airport to remain as self-sustaining as possible under the circumstances existing at any given point in time.
Each lease shall be adjusted annually in accordance with the City’s adopted escalation policy. On the first anniversary of the lease’s commencement date, and each anniversary thereafter, the Base Rent shall be increased by the current City Adjustment Factor. This will determine the new “Base Rent” for the new year. The City "Adjustment Factor" shall be a percentage calculated as follows: Beginning January 1, 2025, and every year thereafter, the annual rent increase shall be determined by calculating the annual average of the San Francisco and Los Angeles California Consumer Price Indexes for all urban consumers as reported by the State of California, Department of Industrial Relations ("CPI"), as published for October of the prior year.
All leases with a term of five years or more shall contain provisions subjecting the rental rates to a periodic adjustment of rent based on a determination of Fair Market Value of comparable properties within the airport area, prior to and as a condition to any specified extension (Renewal). The periodic adjustment shall not increase the rental rate more than 8% on an annual basis or 20% over five years. Periodic adjustments will be based on current FAA guidance for evaluating land value at airports. e. “Pioneer” Periods Disfavored.
In the case of a new general aviation Lessee, offering services not previously available to the public at this Airport, the City may choose to offer reduced rental rates or other inducements to obtain a Lessee, recognizing that it may well be a non- profit venture during its pioneering period. In such circumstances, the “incentive rate” shall be offered only during a specific “pioneer” period, and shall be defined to end on a specified date. Future Lessees coming on the Airport following the pioneer period will be expected to pay the comparable standard rates and charges based on then-current values, rates and charges, and the City shall not be obligated to offer subsequent Lessees a pioneer period. Nor shall it generally be appropriate to offer an established Lessee the benefit of an additional period of reduced rates or other financial inducements, beyond the Lessee’s initial pioneer period.
f. Diligent Bookkeeping Required.
City of Porterville
Airport Lease Policy
19 Income from a Lessee’s Airport operations must be fully accounted for, and adequate records must be kept to evidence amounts due to the City for the various rentals, fees and charges applicable to the Lessee’s operations at the Airport. The City shall be entitled to have access to such records upon request.
11.Construction of Leasehold Improvements
Through its leasing activities, the City seeks to promote consistent, attractive, and compatible high quality development and facilities at the Airport. In addition, it desires to encourage private sector investment in Airport facilities, develop and maintain aesthetic excellence, and high standards of environmental protection.
Finally, it desires to create standards of development that maintain the character of the Airport and ensure all construction meets and exceeds all applicable safety standards and requirements.
Each Lease issued by the City shall include the specific development requirements for the construction of leasehold improvements on the Airport; however, following are general provisions and policies applicable to each Airport Lease:
A. No leasehold improvements shall be designed, planned, constructed, reconstructed, or remodeled without the prior written approval of the City.
B. Any structure or facility to be constructed or placed upon the Airport shall be constructed in a manner to conform to all safety and environmental regulations of the State of California and the City, and shall be in compliance with the City’s current site development requirements, building codes, zoning regulations, and fire regulations as well as FAA design standards.
C. Responsibility for obtaining appropriate approvals from government authorities and complying with their various regulations, policies and standards shall be that of the Lessee. Potential tenants should be advised that any work done at the Airport may require compliance with not only state but also federal prevailing wage requirements.
D. Lessees shall obtain at their sole expense all permits required for their construction program and shall pay all taxes, permits, inspection fees, and licenses required for the construction and operation of their facilities and businesses.
E. The design of any leasehold improvement is to be carried out under the direction of a registered architect or engineer. All design drawings are to be City of Porterville
Airport Lease Policy
20 prepared by a registered architect or engineer. Construction drawings are to be certified by their respective professional disciplines – architectural, structural, mechanical, electrical, and civil engineers.
F. The City may provide infrastructure for the proposed leasehold improvements. Absent the availability of City funding of such improvements, each Lessee may be responsible for and incur the expenses for connection to all leasehold improvements and facility requirements including public roadways, aprons, taxiways, electrical power, communications, water, sewer and natural gas.
At the City’s option, an agreement may be made whereby qualified infrastructure improvements to serve a specific lease site may be financed by the prospective tenant and then reimbursed by the City through a credit in monthly rents due to the City.
Infrastructure constructed to serve a specific lease site that also benefits neighboring lease sites, may be additionally financed by a Reimbursement Agreement, created and administered by the City and executed with the neighboring lease sites when they develop.
The final details of each reimbursement shall be determined through negotiation between the City and the prospective tenant at the time the lease agreement is developed. Lessees shall obtain the prior written approval from the City to modify, improve, add to or delete facilities from their leased area. If any structure is erected, placed, or altered upon in any other manner than in accordance with plans and specifications approved by the City, restriction is applicable to landscaping plans as well as architectural plans.
G. Lessees shall suppress, at their own expense, and to the satisfaction of the FAA, all electromagnetic interference with radio guidance, safety devices or with any electric or electronic equipment or installations on or associated with the Airport.
H. The City assumes no responsibility with regard to the ability of the Lessee to complete construction or otherwise meet the Terms and Conditions of its Lease nor does it assume any responsibility for an error, fault or omission in the plans and specifications that have been approved. The City reserves the right to serve notice that action must be taken to remedy any improper situations.
City of Porterville
Airport Lease Policy
21 I. Noise, dust, odors, storm water detention, water quality, and smoke generation are of particular concern in the design and operation of any facility on the Airport. Therefore, the design and construction of all facilities shall comply with all federal, state, and local environmental regulations applicable to the Airport.
J. The City or its representative(s) shall have the right at reasonable times to visit sites and enter buildings that are completed or in the process of being built, changed, repaired, moved or demolished.
Item No. 12.
CITY COUNCIL AGENDA – FEBRUARY 18, 2025
SUBJECT: Authorization to Award Contract - Community Center and Park Project SOURCE: Engineering and Project Management
COMMENT: On January 16, 2025, staff received three bids for the Community Center and Park Project. This project includes the construction of a fullysprinklered 16,514 square-foot community center with a gym, a racquetball court, teen activity and study rooms, and staff offices. The project will also develop a park on the property that includes a splash pad, challenge course, pump track, climbing boulder, mini pitch area, playground, and connections to the newly refurbished Santa Fe Byway.
The Engineer's Estimate of Probable Cost for the project was $18,247,577.70. The lowest bid presented by AMG & Associates, Inc. of Santa Clarita is $16,875,000, which is $1,372,577.70 lower than the Engineer's Estimate (-7.52). An additional $843,750 is necessary for construction contingency (5%) and $2,268,695 is required for construction management, surveying, quality control, and inspection services; equating to a total construction cost of $19,987,445.
Funding for this project is provided from a Proposition 68 Grant in the amount of $6,432,000 for construction, American Rescue Plan Act Funds (ARPA) in the amount of $4,266,673, Measure R - Alternative Transportation Funds in the amount of $900,000 and Measure I funds in the amount of $7,242,150. An additional appropriation of Measure I funds in the amount of $1,146,622 is necessary to fully fund the project; the needed appropriation of Measure I funds is available in this fiscal year's budget as two projects utilizing Measure I funding are delayed until next fiscal year.
The bids are as follows:
Contractor Bid Amount
AMG Associates, Inc.
Santa Clarita, CA
$16,875,000
Seals Construction, Inc.
Visalia, CA
$17,590,000
Bowe Contractors, Inc.
Tehachapi, CA
$21,283,547
Item No. 12.
Staff has found the lowest responsive bid acceptable.
RECOMMENDATION: That City Council:
1. Award the Community Center and Park Project to AMG & Associates, Inc of Santa Clarita in the amount of
$16,875,000;
2. Authorize progress payments up to one hundred percent (100%) of the contract amount;
3. Authorize a five percent (5%) contingency to cover
unforeseen costs;
4. Authorize an additional $2,268,695 for construction
management, construction surveying, quality control and inspection services; and
5. Authorize an additional appropriation of Measure I funds in the amount of $1,146,622 to fully fund the project.
ATTACHMENTS: 1. Locator Map and Project Rendering
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager
LOCATION MAP
NOT TO SCALE
NOT TO SCALE
VICINITY MAP
65 190
PROJECT AREA
OLIVE AVE
PLANO ST
PROSPECT ST
MAIN ST
HENDERSON AVE
MORTON AVE MAIN ST JAYE ST
DATE AVE
DOWNTOWN
TULARE RIVER
NEWCOMB ST
PROJECT AREA
65 MORTON AVE
HENDERSON AVE
OLIVE AVE MAIN ST VILLA ST PLANO ST
WESTFIELD AVE
FOURTH ST COMMUNITY CENTER AND PARK
PORTERVILLE, CA
CITY OF PORTERVILLE
Item No. 13.
CITY COUNCIL AGENDA – FEBRUARY 18, 2025
SUBJECT: Consideration of Appointment of City Council Representatives to Downtown Porterville Committee
SOURCE: City Manager's Office
COMMENT: At its meeting on February 4, 2025, the City Council adopted Resolution 15-2025 establishing the Downtown Porterville Committee. The committee is comprised of seven members, including two City Council Members and five public members. With the establishment of the Downtown Porterville Committee there are two vacant Council Member positions available for appointment.
RECOMMENDATION: That the City Council consider appointing two City Council Members to serve on the Downtown Porterville Committee.
ATTACHMENTS: 1. Resolution 15-2025
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
Item No. 14.
CITY COUNCIL AGENDA – FEBRUARY 18, 2025
SUBJECT: Proposed Budget Calendar for Fiscal Year 2025-2026 and Scheduling of Priority Projects Study Session
SOURCE: City Manager's Office
COMMENT: Section 51 of the City Charter requires the submission, not later than thirty (30) days before the end of the fiscal year, of an estimate of the expenditures and revenues of the City's departments for the ensuing fiscal year. For City Council's consideration, please find attached the proposed budget calendar for the preparation and submission of the City's Annual Budget for the fiscal year 2025-2026.
In conjunction with the preparation of the budget, staff proposes that Council schedule the City Council's Priority Projects Study Session. A special meeting is able to be scheduled in early April or an item can be considered at a regularly scheduled City Council meeting.
RECOMMENDATION: That the City Council:
1. Approve the proposed Budget Calendar for Fiscal Year 2025-2026; and
2. Schedule the Priority Projects Study Session, either as a special meeting or as part of a regularly scheduled City Council Meeting.
ATTACHMENTS: 1. Draft Fiscal Year 2025-2026 Budget Calendar Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
Date Task Responsibility
March 6-7 Internal review of 10-Year Capital Projects CM/Directors March 14 Budget worksheets to Departments Finance
TBD City Council study session (priority projects) Council April 18 Preliminary revenue estimates completed Finance April 18 Completed budget worksheets to Finance Directors April 25 Internal budget planning session CM/Directors
May 14 Preliminary budget completed Finance
May 14 TUTOC review of Measure H & Measure I proposed budget CM May 29 Preliminary budget approved by City Manager CM
June 3 Preliminary budget presented to Council Council
June 17 Final budget public hearing and approval by Council Council
CITY OF PORTERVILLE
DRAFT BUDGET CALENDAR
FY 2025-2026