Okaloosa County BOCC — January 30, 2013 — Sublease Agrmt Regal Air and VSC — reading text

FW: Agenda Coordination ----- Original Message----- From: John Dowd Sent: Tuesday, May 28, 2013 9:59 AM To: Mike Stenson Cc: Jack Allen; Richard Brannon Subject: RE: Agenda Coordination Mike: I approved the agreement with Southern Airways and the sublease Agreement between Regal and VSC. I am concerned about the Suboperator Agreement between the County and VSC. Have we entered into similar agreements in the past? If so, how many? My concern is that we may find ourselves in a position that the Lessee, Regal Air, breaches their lease agreement by failing to make a payment or some other reason. We would want to terminate their lease. However, if we had this suboperator agreement, we couldn't terminate the Suboperator unless they were also in default. In addition, we are currently in the position to have the Lessee act as our enforcement agent. That might not be true if we have this suboperator agreement. I assume that you are talking about the provision of our ordinance that you recently quoted which provides: "Sec. 3-86. - Activities; conduct; miscellaneous provisions. (a). Commercial operations within airports generally. The board has the right to, and does hereby regulate, all activities and enterprises using the airport as a basis of operation, whether such operation or activity is aeronautical or non-aeronautical in nature. No commercial operation of any kind or type shall be permitted on an airport without a fully executed lease agreement with the board, containing provisions 1 for strict compliance with these and other relevant standards and regulations and containing such other special provisions as may be required under such lease, or other special circumstances which may be applicable to such operation." I think that a Sublease Agreement that has been approved by the Board satisfies the requirement of this provision. With regard to the banner towing operations at the Destin Airport, I haven't seen a lease or sublease that authorizes this activity. You should use the Lessee, Regal Air, to require that the activity be terminated. Our Board certainly hasn't approved any sublease authorizing this activity. I think there have been requests in the past to allow banner towing and they were all refused. If we do want to allow it, we may want to allow proposals or bids. Thanks, John mm Original Message----- From: Mike Stenson Sent: Friday, May 24, 2013 4:43 PM To: John Dowd Subject: RE: Agenda Coordination John, Also, that agreement with Southern Airways Express. They are pretty anxious to get going. Does that look okay for the next BCC? Thank you. Mike Michael J. Stenson Deputy Airport Director Northwest Florida Regional Airport (850) 651-7160 Ext 4 www. FlyVPS.com From: Mike Stenson Sent: Friday, May 24, 2013 4:40 PM 2 To: John Dowd Subject: FW: Agenda Coordination John, I understand there were questions about the sublease agreement between Regal and Vertol, and the agreement between the County and Vertol. We are proceeding with the agreement with Vertol because the County Ordinance requires this. The same thing applies to that helicopter company operating a business at the Destin Airport. Although they have an agreement with MSA, they also must have an agreement with the County. Please let me know if you concur so we can get this to the next BCC. Thanks. Mike Michael J. Stenson Deputy Airport Director Northwest Florida Regional Airport (850) 651-7160 Ext 4 www. FlyVPS.com From: Dave Miner Sent: Friday, May 24, 2013 3:52 PM To: Mike Stenson Subject: RE: Agenda Coordination Mike: I received the signed paperwork from Southern Airways but not Vertol. Jack called a little while ago and said that Mr. Dowd had a problem with the sub-operator agreement between the County and Vertol. He wanted to know why we were doing the Agreement when there was an agreement between Regal and Vertol. I explained to Jack about the County Ordinance and he said you should contact Mr. Dowd and remind him about the County Ordinance. Mr. Dowd sent us the coordination sheet for the sub-lease agreement between Regal and VSC and he had comments. Pg 3 par.C., “or as reasonably determined by sub-landlord..." they think it should say, "terms of lease". You can talk to Mr. Dowd on Tuesday. The other three coordination's are not back. Have a good weekend. Dave sioleieie Original Message----- From: Mike Stenson Sent: Friday, May 24, 2013 3:24 PM To: Dave Miner Subject: Agenda Coordination DM, Have you gotten back the 4 items from John Dowd. Also, have you gotten the signed agreements from Southern Airways and Vertol? Michael J. Stenson Deputy Airport Director Northwest Florida Regional Airport (850) 651-7160 Ext 4 www.FlyVPS.com