Approval and Consent to Purchase Agreement/Bill of Sale between Scott Tolstad, Successor Trustee of the Mervin K. Nilsson and Darlene M. Nilsson Family Trust da
Summary
SCH Number
2024120469
Public Agency
Riverside County
Document Title
Approval and Consent to Purchase Agreement/Bill of Sale between Scott Tolstad, Successor Trustee of the Mervin K. Nilsson and Darlene M. Nilsson Family Trust da
Document Type
NOE - Notice of Exemption
Received
Posted
12/12/2024
Document Description
The County of Riverside, a political subdivision of the State of
California (“County”), as lessor, and Kirby Nilsson, as successor trustee of the Mervin K. Nilsson
and Darlene M. Nilsson Family Trust dated June 8, 2000 (“Lessee”), as lessee, entered into that
certain Hemet-Ryan Airport Ground Lease Agreement dated August 25, 2022 (“Lease”). The
Lease relates to, among other things, the lease of approximately 2,500 square feet of land,
containing an aircraft storage hangar owned by Lessee and located at the Hemet-Ryan Airport
(“Leased Premises”).
The Lessee has decided to assign their lease interests and convey ownership of the aircraft storage
hangar on the Leased Premises to Mario A. Deleon-Muniz, an individual. The assignment of lease
interests has been memorialized by that Assignment and Assumption of Lease Agreement dated
September 21, 2024 (“Assignment Agreement”), between Lessee, as assignor, and Mario A.
Deleon-Muniz, as assignee. The effectiveness of the Assignment Agreement is subject to the
consent and approval by the County pursuant to Section 24 of the Lease. Staff recommends
approval of the proposed Consent to Lease Assignment Agreement.
In connection with the Assignment Agreement, Mario A. Deleon-Muniz, as buyer, and Lessee, as
seller, entered into that certain Purchase Agreement/Bill of Sale dated September 21, 2024, relating
to the sale of the aircraft storage hangar located on the Leased Premises (“Purchase Agreement”),
the effectiveness of which is subject to the consent and approval by the County. Mario A. Deleon-
Muniz will not change the existing use of the Leased Premises. The Purchase Agreement and the
Assignment Agreement will not impact the terms of the Lease.
The consent to Purchase Agreement and consent to Assignment Agreement have been identified
as a proposed project under the California Environmental Quality Act (CEQA) because a
discretionary action by the Riverside County Board of Supervisors is required for approval. The
approval of the consent to purchase and Purchase Agreement and consent to Assignment
Agreement will not change the existing use of the Leased Premises, which will not result in any
significant environmental impacts or include any mitigation measures.
Contact Information
Name
Jose Ruiz
Agency Name
County of Riverside Transportation Department- Aviation
Job Title
Supervising Development Specialist
Contact Types
Lead/Public Agency
Phone
Email
Location
Cities
Hemet
Counties
Riverside
Regions
Southern California
Cross Streets
Hangar Unit HR211
Other Location Info
4710 W Stetson Avenue
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
15301
Reasons for Exemption
This Class 1 categorical exemption
includes the operation, repair, maintenance, leasing, or minor alteration of existing public or
private structures or facilities, provided the exemption only involves negligible or no
expansion of the previous site’s use. The project, as proposed, is limited to the consent to a
and the assignment of the lease regarding Hangar Unit HR211 within the Hemet-Ryan
Airport. The changes are limited to the change in ownership and responsibility for the terms
of the Lease. The consent to Assignment Agreement and Purchase Agreement will result in
the same purpose and substantially similar capacity on the existing facilities at the airport and
would be consistent with the existing land use and contractual requirements for the use of the
site. Therefore, the project is exempt as it meets the scope and intent of the Categorical
Exemption identified in Section 15301, Article 19, Categorical Exemptions of the CEQA
Guidelines.
The proposed project is categorically exempt from the
provisions of CEQA specifically by the State CEQA Guidelines as identified below. The project
will not result in any specific or general exceptions to the use of the categorical exemption as
detailed under State CEQA Guidelines Section 15300.2. The project will not cause an impact to
an environmental resource of hazardous or critical concern, nor would the project involve unusual
circumstances that could potentially have a significant effect on the environment. The project is
limited to assignment of an existing aircraft storage hangar and does not include a new
development or improvements to the Leased Premises. Furthermore, this project would not result
in any physical direct or reasonably foreseeable indirect impacts to the environment.
Exempt Status
Other
Type, Section or Code
15061 (b) (3)
Reasons for Exemption
In accordance with CEQA, the use
of the Common Sense Exemption is based on the “general rule that CEQA applies only to
projects which have the potential for causing a significant effect on the environment.” State
CEQA Guidelines, Section 15061(b) (3). The use of this exemption is appropriate if “it can
be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment.” Ibid. This determination is an issue of fact and if
sufficient evidence exists in the record that the activity cannot have a significant effect on
the environment, then the exemption applies and no further evaluation under CEQA is
required. See No Oil, Inc. v. City of Los Angeles (1974) 13 Cal. 3d 68. The ruling in this case
The proposed project is categorically exempt from the
provisions of CEQA specifically by the State CEQA Guidelines as identified below. The project
will not result in any specific or general exceptions to the use of the categorical exemption as
detailed under State CEQA Guidelines Section 15300.2. The project will not cause an impact to
an environmental resource of hazardous or critical concern, nor would the project involve unusual
circumstances that could potentially have a significant effect on the environment. The project is
limited to assignment of an existing aircraft storage hangar and does not include a new
development or improvements to the Leased Premises. Furthermore, this project would not result
in any physical direct or reasonably foreseeable indirect impacts to the environment.
County Clerk
Riverside
Attachments
Notice of Exemption
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