PLACEMENT: Departmental
TITLE:
title
APPROVAL OF COMMERCIAL LEASE WITH DAHER AEROSPACE, INC.
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EXECUTIVE SUMMARY:
executive summary
The Board is asked to approve the commercial lease with Daher Aerospace, Inc. after approving a four-month extension set to expire April 30, 2025.
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DEPARTMENT: Airport
PREPARED BY: Name: Andrew McBean
Title: Airport Manager
REQUESTED BY: Sebastian Poprawski, Senior Assistant County Attorney
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
In 2022, the BOCC approved an Assignment of Lease to Daher Aerospace, Inc. (Daher) for the remaining portion of a 30-year lease the County entered into in 1994 with Grumman Aerospace Corporation for premises at Martin County Airport/Witham Field. With the lease set to expire in 2024, the County issued Request for Proposal 2024-3552 (RFP 2024-3552) for the premises. Daher was one of the respondents to RFP 2024-3552 and was eventually awarded a new lease to run for a term of ten years, with two ten-year extensions. Daher’s previously assigned lease was set to expire on June 29, 2024 and the BOCC approved two extensions to allow adequate time for the Federal Aviation Administration (FAA) to review Daher’s proposed new lease and make any comments thereon. Daher is seeking to begin its investment of >$30MM pursuant to the new lease in demolition and reconstruction of buildings and manufacture and final assembly of two aircrafts. The County, via its aviation counsel, informed the FAA that the proposed lease would be submitted to the BOCC without FAA input in the event a response was not received before December 10, 2024. The FAA has responded that due to the number of cases it is currently handling, a response would not be forthcoming soon. Daher, however, cannot move forward with construction and capital expenditure without a new lease.
1. Instrument Prepared by: County Attorney’s Office.
2. Parties to the Instrument: Daher Aerospace, Inc. and Martin County Board of County Commissioners.
3. Purpose: Grant lease awarded in response to Request for Proposal 2024-3552.
4. New/Renewal/Modified: New.
5. Duration: Ten years, with two ten-year extensions.
6. Benefits to Martin County: Annual rent of $402,581.52 adjusted yearly for CPI; airport (flight) dependent commercial tenant with onsite manufacturing, increased capital investment in excess of $30MM, job creation/retention and enhancement of existing and future Airport operations.
7. Costs to Martin County: None.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine if it is consistent with applicable law, and in so doing, legal staff has identified risks and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the Commercial Lease with Daher Aerospace, Inc.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☒Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other:
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