COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Manager’s Office

DATE:

November 29, 2010

BOARD MEETING DATE:

December 14, 2010

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

4/5ths

TO:

Honorable Board of Supervisors

FROM:

Steve Alms, Manager, Real Property Division

SUBJECT:

Right-of-Entry Agreement with Sydney Levin and Zelda Levin, Trustees of the Levin Living Trust dated July 31, 1984, at the San Carlos Airport. (Permit No. 5329)

RECOMMENDATION:

Adopt a Resolution authorizing the:

1. President of the Board of Supervisors to execute a Right-of-Entry Agreement with Sydney Levin and Zelda Levin, Trustees of the Levin Living Trust dated July 31, 1984, authorizing access for aircraft at the San Carlos Airport, at a rate of $75.00 per month for each hangar and $25.00 per month for each aircraft stored on a tiedown, for a term of five years, with one option to extend for an additional five years, and

2. County Manager or his designee to accept or execute notices, options and documents associated with the Agreement including, but not limited to, extension or termination of the Agreement under the terms set forth therein.

BACKGROUND:

Sydney Levin and Zelda Levin own property at 655 Skyway in San Carlos (the “Property”), which is adjacent to and shares a boundary with the San Carlos Airport. The Levin’s Property includes aircraft storage hangars and tiedowns, which are privately leased to aircraft owners. A right-of-entry agreement with the County is necessary for the Levine’s to allow aircraft based on their Property to access the Airport facilities through a taxiway that connects to the Airport taxiways and runway. There have been right-of-entry agreements in place since 1969. Since December 2009, the Levin’s tenants have accessed the Airport on a month-to-month basis in accordance with the holdover provision of the current agreement. The County and Levins wish to enter into a new long-term Agreement for access.

DISCUSSION:

Real Property Services in cooperation with Airport staff has negotiated a new Right-of-Entry Agreement with the Levins for a term of five years, with one option to extend for an additional five years. The initial rates of $75.00 per month for each hangar and $25.00 per month for each aircraft stored on a tiedown are effective upon County’s execution of the Agreement, and are subject to adjustment in proportion to future adjustments in standard rates charged at the Airport for hangars and tiedowns. The Levine’s tenants are not to engage in revenue generating aeronautical activities without a separate concession agreement with the County. There are no proposed changes to the Property or use of the facility.

County Counsel has reviewed and approved the Agreement and Resolution as to form. The Director of Public Works concurs in this recommendation.

Approval of the Permit contributes to the Shared Vision 2025 outcome of a Collaborative Community by establishing an agreement that increases the use of Airport facilities by the general public.

FISCAL IMPACT:

The monthly fee of $75.00 for each hangar and $25.00 for each aircraft stored on a tiedown will be deposited to the Airport Enterprise Fund.