Broward County Commission Regular Meeting
Director's Name: Mark Gale
Department: Aviation Division: Business
Information
Requested Action
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MOTION TO APPROVE Third Amendment to the Agreement of Lease between Broward County and Sheltair Aviation Center, LLC, for property located at Broward County's Fort Lauderdale-Hollywood International Airport; and authorize the Mayor and Clerk to execute same.
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Why Action is Necessary
Chapter 2, Section 2-40 (a) of the Broward County Code of Ordinances, requires that the Broward County Board of County Commissioners (“Board”) authorize any commercial activities or occupancy of any portion of the Fort Lauderdale-Hollywood International Airport.
What Action Accomplishes
Approves the Third Amendment, adding Sheltair Aviation Center, LLC (“Sheltair”) an additional 1.29 acres of real property at Fort Lauderdale-Hollywood International Airport to construct a maintenance, repair and overhaul facility.
Goal Related Icon(s)
N/A County Commission
N/A Go Green
N/A MAP Broward
Previous Action Taken
None.
Summary Explanation/Background
THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION.
On June 14, 2022 (Item No. 54), the Board approved the Agreement of Lease (“Agreement”) between the County and ACAP Broward County, LLC (“ACAP”) and authorized the Director of Aviation to execute the Agreement on behalf of Broward County (“County”). The Agreement was signed by the Director of Aviation on June 15, 2022.
On November 8, 2022, as authorized in the Agreement, the Director of Aviation executed the First Amendment to the Agreement accepting the survey and legal description of the parcel and replacing the existing Exhibit A with a revised Exhibit A depicting the new survey.
On June 13, 2023 (Item No. 52), the Board approved the Second Amendment to the Agreement and authorized the Director of Aviation to execute a Consent to Assignment of Lease between ACAP and Sheltair. The Second Amendment extended the due diligence period to September 30, 2023, and amended the use of the lease premises.
On August 18, 2023, the Director of Aviation approved a Consent to Assignment from ACAP to Sheltair.
The proposed Third Amendment will modify the lease premises, adding an additional 1.29 acres to construct a maintenance, repair and overhaul facility, as well as to provide updates to standard County language.
The proposed Third Amendment to the Agreement has been reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
Mark E. Gale, CEO/Director, Aviation Department, (954) 359-6199
Fiscal Impact
Fiscal Impact/Cost Summary
The rent will be adjusted annually by the greater of 3% or the Consumer Price Index and will be adjusted to full land market rent on the first day of the fourth lease year.