On February 03, 2023 a
Party Statement
was filed
involving a dispute between
and
for DECLARATORY - CIRCUIT
in the District Court of Pinellas County.
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Filing # 186405215 E-Filed 11/17/2023 04:06:11 PM
AFFIDAVIT OF RAY M. CLARK, IR. AFFIDAVIT 1
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, on this date personally appeared Ray M.
Clark, Jr., who, afier by me first duly sworn on oath, deposes and says as follows:
1. I am a private citizen and resident of the State of Florida above the age ofmajority
under Florida law and am 'm all ways capable of making this afiidavit.
2. This affidavit is based upon my personal knowledge and on true and attached copies
0f attached documents.
3. I have resided at 107 7th Street, Belleair Beach, Pinellas County, Florida since 1998.
4. I have a Bachelor of Science degree in Business Administration fiom Auburn
University and a Master of Business Adnfinistration from Mercer University.
S. I have been a licensed Private Pilot since 1990 and was a tenant 0f Clearwater Airpark
for over 20 years.
6. The City of Clearwater rushed to select an operator for Clearwater Airpark and in
my opinion did not allow sufficient time to locate and evaluate candidates who were
qualified to operate an airport. The lease to operate Clearwater Airpark was awaIded
to FlyUSA Who had no prior experience operating an airport.
7. Iparticipated Pro Bono in the study described in paragraphs 26-32 of Amended
Complaint 23—943—CO to which this Afiidavit is attached. l agree with the claim that
these improper actions by the City were in part, a result of violations of the Florida
Sunshine Law.
***ELECTRONICALLY FILED 11/17/2023 04:06:07 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
8. The City of Clearwater operates the Clearwater Marina, one of the highest regarded
marinas in the area. They lease boat docks and collect rent on those docks. They also
sell fuel to boat owners. In this respect, the Clearwater Airpark is very similar to the
marina with hangers instead of docks. The City infi'astructure is already in place to
collect rents and sell fuel. Along with the necessary expertise in airport operations, the
City of Clearwater could develop income opportunities at the Airpark, collect the rent
on the hanger leases at the Airpark and sell fuel to the aircraft owners (even ‘self-
serve’) using the City owned ‘fuel farm’, thereby benefiting directly from the fimds
that would have gone to the private operator.
9. By maintaining overall control over the Airpark, this would leave the City with
numerous opportunities for leases to private business such as flight schools, aircraft
services and aviation related activities. A land lease to FlyUSA for their air chatter
requirements could be one of those ofiefings. Several such opportunities also exist for
public/government projects such as those undertaken at many other airports to address
such issues as the severe shortage of public hangers. FlyUSA projects a decrease in
the planned 'T’ hanger construction at Clearwater Airpark under their business plan.
FURTHER AFFIANT SAYTH NOT.
Ray M. Clark, Jr.
STATE OF FLORIDA
COUNTY OF PINELLAS
THE FOREGOING INSTRUMENT was sworn to and subscribed before me by
Means of @physical presence or [] online notarization, on
WWW Nu“ ,2023,by R0451 C(arlb 3K ,whoispersonany
known to me or has produced J
l:
Db as identification.
”'43? SUMMERcomm
UBLIC 5,.5 uvcommssnomteeseesez
State of Florida
My Commission Expires (I {[02 {79 71
Document Filed Date
November 17, 2023
Case Filing Date
February 03, 2023
Category
DECLARATORY - CIRCUIT
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Filing # 186405215 E-Filed 11/17/2023 04:06:11 PM AFFIDAVIT OF RAY M. CLARK, IR. AFFIDAVIT 1 STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, on this date personally appeared Ray M. Clark, Jr., who, afier by me first duly sworn on oath, deposes and says as follows: 1. I am a private citizen and resident of the State of Florida above the age ofmajority under Florida law and am 'm all ways capable of making this afiidavit. 2. This affidavit is based upon my personal knowledge and on true and attached copies 0f attached documents. 3. I have resided at 107 7th Street, Belleair Beach, Pinellas County, Florida since 1998. 4. I have a Bachelor of Science degree in Business Administration fiom Auburn University and a Master of Business Adnfinistration from Mercer University. S. I have been a licensed Private Pilot since 1990 and was a tenant 0f Clearwater Airpark for over 20 years. 6. The City of Clearwater rushed to select an operator for Clearwater Airpark and in my opinion did not allow sufficient time to locate and evaluate candidates who were qualified to operate an airport. The lease to operate Clearwater Airpark was awaIded to FlyUSA Who had no prior experience operating an airport. 7. Iparticipated Pro Bono in the study described in paragraphs 26-32 of Amended Complaint 23—943—CO to which this Afiidavit is attached. l agree with the claim that these improper actions by the City were in part, a result of violations of the Florida Sunshine Law. ***ELECTRONICALLY FILED 11/17/2023 04:06:07 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** 8. The City of Clearwater operates the Clearwater Marina, one of the highest regarded marinas in the area. They lease boat docks and collect rent on those docks. They also sell fuel to boat owners. In this respect, the Clearwater Airpark is very similar to the marina with hangers instead of docks. The City infi'astructure is already in place to collect rents and sell fuel. Along with the necessary expertise in airport operations, the City of Clearwater could develop income opportunities at the Airpark, collect the rent on the hanger leases at the Airpark and sell fuel to the aircraft owners (even ‘self- serve’) using the City owned ‘fuel farm’, thereby benefiting directly from the fimds that would have gone to the private operator. 9. By maintaining overall control over the Airpark, this would leave the City with numerous opportunities for leases to private business such as flight schools, aircraft services and aviation related activities. A land lease to FlyUSA for their air chatter requirements could be one of those ofiefings. Several such opportunities also exist for public/government projects such as those undertaken at many other airports to address such issues as the severe shortage of public hangers. FlyUSA projects a decrease in the planned 'T’ hanger construction at Clearwater Airpark under their business plan. FURTHER AFFIANT SAYTH NOT. Ray M. Clark, Jr. STATE OF FLORIDA COUNTY OF PINELLAS THE FOREGOING INSTRUMENT was sworn to and subscribed before me by Means of @physical presence or [] online notarization, on WWW Nu“ ,2023,by R0451 C(arlb 3K ,whoispersonany known to me or has produced J l: Db as identification. ”'43? SUMMERcomm UBLIC 5,.5 uvcommssnomteeseesez State of Florida My Commission Expires (I {[02 {79 71