To: Board of Supervisors
From: Greg Baer, Director of Airports
Report Title: Approve And Authorize Termination Of T-Hangar Rental Agreement With Thomas Elmendorf For Hangar C-28 At Byron Airport
/
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Director of Airports, or designee, to terminate the T-Hangar Rental Agreement with Thomas Elmendorf for Hangar C-28 at Byron Airport. AUTHORIZE County Counsel to pursue legal action to regain possession of the real property if tenant fails to vacate the hangar within the time allowed. Byron Area.
FISCAL IMPACT:
The Airport Enterprise Fund will cover the cost of any legal action.
BACKGROUND:
On May 1, 2019, the County entered into a T-Hangar Rental Agreement with Thomas Elmendorf for the use of a T-Hangar located at the Byron Airport. Under the terms of the rental agreement, the primary use of the hangar is for aircraft storage and/or constructing or restoring an aircraft. Airport policy requires that stored aircraft must be owned by the individual(s) named on the rental agreement. The rental agreement also requires insurance meeting the County’s standards. When Mr. Elmendorf rented the hangar, he represented that he was in process of rebuilding his aircraft, which at the time was not registered with the Federal Aviation Administration.
In early 2022, due to Mr. Elmendorf being repeatedly delinquent paying rent, non-compliant with providing proof of insurance, and not having passed the hangar inspection, a termination process was initiated. On June 29, 2022, County Counsel filed an unlawful detainer against Mr. Elmendorf. After being served with a Summons and Complaint on or about August 2022 for the Unlawful Detainer, Mr. Elmendorf contacted the Director of Airports in an attempt to resolve all outstanding issues with the County to avoid a judgement. The County agreed to resolve the claim by entering into a Letter Agreement in which he agreed to pay all outstanding rents and County’s enforcement costs associated with the...
Click here for full text