BOARD OF COUNTY COMMISSIONERS
2401 S.E. MONTEREY ROAD STUART, FL 34996
December 28, 2009 Email: email@example.com
Commissioner, District 1
SUSAN L. VALLIERE
Commissioner, District 2
Mr. David Smith
Aviation Center, Inc.
PATRICK HAYES 2240 SE Witham Field Drive
Commissioner, District 3
Stuart, FL 34996
Commissioner, District 4
Dear Mr. Smith:
Commissioner, District 5
It has come to our attention through newspaper and television news stories
that Treasure Coast Airlines has proposed to offer scheduled air service
from Witham Field. Treasure Coast Airlines has advertised its mailing
Acting County Administrator
address as 2240 Witham Field Drive, Suite 115, which is located within
Aviation Center, Inc.’s leasehold. We are writing to determine whether
STEPHEN FRY Treasure Coast Airlines is using that address and facilities at Witham Field
in a manner consistent with your lease and applicable County rules,
regulations and Minimum Standards. We would appreciate your
cooperation in providing answers to the following questions.
1. Article IX, Section F(1), of the lease between Aviation Center
and the County provides that Tenant “shall not transfer this lease in whole
or in part or sublet the leased premises or any portion thereof without the
prior written request of Tenant and the written consent of Landlord.”
Please provide me with a copy of the sublease agreement between Aviation
Center, Inc. and Treasure Coast Airlines, as well as the County’s written
2. Article IX, F(2) of the lease provides “All subtenants, by
occupying a portion of the leased premises, agree that each one shall be
subject at all times to the Minimum Standards.” In addition, Article X.
A(17) of the lease provides: “Tenant agrees to comply with the terms of any
duly promulgated and lawful minimum standards, rules, regulations,
orders or laws adopted from time to time by the landlord, Martin County,
the State of Florida, or the federal government…”
Please provide me with the following:
A. Proof of insurance for Treasure Coast Airlines, as required by
paragraph 6 of your sublease template, as well as Section 4.4.7 of the
B. Proof of compliance with Section 4.4 “Aircraft Charter, Air
Taxi and/or Air Ambulance Operator” of the Minimum Standards,
1. The square footage and location of Treasure Coast
Airlines hangar facilities subleased from Aviation Center, Inc.
2. The square footage and location of Treasure Coast
Airlines Ramp Space subleased from Aviation Center, Inc.
3. The square footage and location of Treasure Coast
Airlines’ office space being subleased from Aviation Center, Inc.
4. Copies of all FAA and USDOT certificates, licenses or
permits issued to Treasure Coast Airlines, as required in Section 4.4.3 of
the Minimum Standards.
5. Proof and location of sufficient paved parking dedicated
or subleased to Treasure Coast Airlines to accommodate all customers and
employees on a daily basis.
6. Proof that Treasure Coast Airlines has sufficient
personnel to carry out its business.
7. Proof that Treasure Coast Airlines owns/operates the
required number of aircraft.
8. Proof that Treasure Coast Airlines complies with the
required hours of operation.
C. Proof that Treasure Coast Airlines’ facility use on Aviation’s
leasehold complies with applicable zoning as set forth in Article 3, Section
3.32, Land Development Regulations, Martin County Code (a copy of which
is attached for your convenience).
Please provide this information immediately so that we may determine
whether Aviation Center, Inc. and Treasure Coast Airlines are operating in
a manner consistent with the Aviation Center lease, the Minimum
Standards requirements and the County’s Land Development Regulations.
As you are aware, the Martin County Board of County Commissioners takes
very seriously issues relating to compliance with these requirements and
hopes that your answers will allay any public concern that Treasure Coast
Airlines and Aviation Center are in any manner operating (or proposing to
operate) in violation of legal requirements.
Because Treasure Coast Airlines has publicly stated an intent to initiate
service immediately, we would appreciate your response to these questions
by no later than January 8, 2010.
Thank you for your prompt attention to this important matter.
Michael C. Moon, A.A.E.
Martin County Airport
cc: Board of County Commissioners
Taryn Kryzda, Acting County Administrator
Sarah W. Woods, Senior Assistant County Attorney