Description: AGENDAHED.JPG

Item No:                    5G.


Meeting Date:           May 28, 2013


From:                          Raymond S. Sharp, Interim City Manager


Subject:                      Request by BHI Central Florida, LLC. to consider a lease agreement for properties located at Leesburg International Airport



Staff Recommendation:

Staff recommends disapproval of lease agreement as presented.



Mr. Brainerd requested that this item be placed on the agenda for commission consideration and vote.  I have advised Mr. Brainerd that I cannot support this lease agreement in its present form.


On Monday, May 20, at 2:30 pm, I met with Mr. Brainerd and others from his firm.  At that time, I advised him that based upon input from the City Attorney, the corporate name “BHI Central Florida, LLC.” could not be used as a party to any legal document because it is not a registered corporate identity.  As of this writing, on May 22, it is still not registered – on that count alone, this lease agreement cannot be recommended for approval.


The contents of the lease proposed by Mr. Brainerd are at considerable odds with past practices and the spirit and intent of the proposed lease policy.  The proposed lease is also at odds with the current forms of the leases for the three properties. 


Most notably, the proposed lease represents a significant loss of revenue to the airport, totaling approximately ten million dollars over the course of thirty years.  As a secondary concern, there is no justification for a lease term of greater than 20 years for the lease expiring in October, 2013, and no present justification for extension of modifications to the other two leases which expire in some eight to ten years.  I have advised Mr. Brainerd that I am unable to support this proposed lease for these reasons.



1.  Reject the lease agreement as proposed; or,

2.  Such alternative action as the Commission may deem appropriate.


Fiscal Impact

Although the use of an incorrect corporate name does not allow execution of this lease as provided by Mr. Brainerd, the terms of the lease agreement serve to reduce the expected revenues of the airport by some ten million dollars over a period of thirty years.  This severely limits the ability of the airport to perform capital projects, repair and replacement projects, and perform required maintenance.



Submission Date and Time:    5/23/2013 2:00 PM____


Department: City Manager_

Prepared by:  R. Sharp

Attachments:         Yes  X    No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes X   No ____


City Attorney did not approve.           

Revised 6/10/04


Reviewed by: Dept. Head ________


Finance  Dept. __________________                                     


Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________


Account No. _________________


Project No. ___________________


WF No. ______________________


Budget  ______________________


Available _____________________