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11-A-2&3 Airport Report
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August 13, 2001
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11-A-2&3 Airport Report
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Last modified
9/12/2012 11:11:18 AM
Creation date
8/11/2001 1:00:55 PM
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AGENDA
Item Number
11-A-(2)&(3)
AGENDA - Type
CITY ATTORNEY REPORT
Description
Cox Field Airport
AGENDA - Date
8/13/2001
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information pertinent to the remainder of the discussion is contained in Exhibit 1 for future <br />reference. <br />II. Current Policy. The current policy of the City with regard to long term hangar leases is set <br />out in Resolution No. 96-011, a copy of which is attached hereto as Exhibit 2. As stated <br />in the lease, the minimum primary term was established at twenty-five (25) years, with two <br />additional ten (10) year options, or a total of forty-five (45) years. Rental would be paid <br />during the first ten (10) year option at an amount stated as the "fixed rental", and the <br />second ten (10) year option would likewise require some rental at the amount of $.06 per <br />square foot (it is unclear whether this amount would be paid annually or monthly) or <br />something established as the "fair market value" at the time the option is exercised. There <br />is no language in the policy that describes how either fair market value or the fixed rental <br />is to be established. The policy establishes a maximum primary term of forty-five (45) <br />years, with a possibility of two additional fifteen (15) year options, or a total potential term <br />of seventy-five (75) years. Again, payment of nominal rent would be due during the two <br />option periods, again based on fixed rentals and fair market value. Finally the policy <br />contained some rather undefined standards stating that the size of the hangar, type and <br />number of aircraft, use of both the hangar and the aircraft, and the estimated income to the <br />airport operation (presumably as a result of having the hangar there) would be taken into <br />account when determining the lease terms. <br />The current policy is vague on a number of the pertinent issues that needed to be considered <br />in determining the term of a lease. Indeed, a review of Exhibit 1 fails to show a discernable <br />consistent trend with regard to the length of the term of the lease as compared to say the <br />size of the hangar, although there is a general trend that the larger the hangar, the longer <br />the term. Likewise, there is no consistency in the amount of payments set out in the leases <br />for the future options. It should also be pointed out that the option payments provided for <br />in the leases do not provide for escalation based on any sort of consumer price index of the <br />option payments. That is, presumably an optional payment of $100 per month beginning <br />in 2019 will not represent near the amount of money that $100 per month represents in the <br />year 2001. Current policy is there for Council's review and further deliberation. <br />III. Exhibit 3 to the Agenda Information Sheet contains the results of the Legal Department's <br />survey of other cities. You will note that information is included in the survey for some <br />seventeen (17) municipal or municipal related airports. Inquiries were made regarding <br />whether or not private hangars were available; whether or not ground leases were required <br />incident to construction of the private hangars; whether or not ground lease rent was paid <br />and the amount of that rent; the term of the primary lease; whether or not the lessee was <br />responsible for taxes, if any were due; whether or not ownership of the hangar reverted to <br />the City and when; the kind of insurance required and information related to the existence <br />of an airport advisory board. Without attempting to submit this information to any kind of <br />detailed and systematic analysis, I think certain trends can be identified. First of all, all of <br />the responding airports had private hangars available. Secondly, all the responding airports <br />-2- <br />
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