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DOT and FAA Airport Legal Determination and Opinion Letter Abstracts of 2023 (2025) / Chapter Skim
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Marina Aviation, LLC v. City of Marina, California No. 16-21-12
Pages 37-41

The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.


From page 37...
... Holding: Affirming Order of the Director (dismissing complaint via summary judgment) Abstract: Complainant alleged that the City violated Grant Assurance 22 by refusing to negotiate and offer a lease extension; that another tenant was provided with a 10-year lease extension, with its economic benefits, "and thereby the City permitted this tenant to enjoy a more favorable position regarding the term extension with the City than Marina Aviation, LLC." (Order of the Director, p.
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From page 38...
... 7.) In the foregoing context, the Director found that "the City has not violated Grant Assurance 22 by denying Marina a lease extension due to difficulties collecting rent payments owing over a multi-year period." (Order of the Director, p.
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From page 39...
... here is no indication in the record that the ASM submitted information as part of the City's pleadings in error or independently. Nothing in the record invalidates the ledger prepared by the ASM demonstrating the chronic late payments, late fees and interest.
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From page 40...
... 10.) In this context, the Associate Administrator noted that the "Federal obligations do not require the City to accommodate late payments, otherwise forgive previous breaches of lease provisions, provide for structured payments, or take a gentle and forgiving approach in dealing with nonpayment situations.
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From page 41...
... According to the declarant, moreover, the City Council held a closed session on July 21, 2020, at which the City decided against extending Marina's lease "due to Marina Aviation's history of non-compliance with the Ground Lease Terms and its continuing defaults under the Ground Lease and the Repayment Agreement." Marina argued that the FAA "should not have considered the declaration" because it is "riddled with hearsay" and not authenticated. However, hearsay is allowed in agency proceedings provided it is "reliable [and]
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Key Terms

  • ground lease
  • associate administrator
  • grant assurance
  • business relationship
  • lease extension

  • final agency
  • late payments
  • agency decision
  • violated grant
  • late fees

  • lease agreement
  • marina aviation
  • complainant argued
  • resulting late
  • substantial evidence

  • administrator found
  • airport layout
  • repayment plan
  • past due
  • city violated

  • continuing default
  • exclusive rights
  • summary judgment
  • rental payments
  • determination based

  • rent payments
  • extension due
  • layout plan
  • marina admits
  • evidence argument


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