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MARTIN COUNTY MARTIN COUNTY BOARD OF

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MARTIN COUNTY MARTIN COUNTY BOARD OF Powered By Docstoc
					                              MARTIN COUNTY
                              BOARD OF COUNTY COMMISSIONERS
                               2401 S.E. MONTEREY ROAD  STUART, FL 34996

                                                                            Telephone: 772-221-2374
                                                                                  Fax: 772-221-2381
                              December 28, 2009                                 Email: mmoon@martin.fl.us
    DOUG SMITH
 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
    SARAH HEARD
 Commissioner, District 4

                              Dear Mr. Smith:
   EDWARD CIAMPI
 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
     TARYN KRYZDA
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
     County Attorney
                              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
                              consent thereto.

                                    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:
      TELEPHONE
      772-288-5434

     WEB ADDRESS
  http://www.martin.fl.us




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      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
Minimum Standards.

      B.   Proof of compliance with Section 4.4 “Aircraft Charter, Air
Taxi and/or Air Ambulance Operator” of the Minimum Standards,
including:

            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




                                                                 mca2010L27.docx
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.

Sincerely,



Michael C. Moon, A.A.E.
Airport Director
Martin County Airport

MM/pn

cc:   Board of County Commissioners
      Taryn Kryzda, Acting County Administrator
      Sarah W. Woods, Senior Assistant County Attorney




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