On February 03, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
and
for DECLARATORY - CIRCUIT
in the District Court of Pinellas County.
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EXHIBIT
Filing # 186413885 25 11/17/2023 05:01:13 PM
E-Filed
Received
16 Reserve Blvd
MAR 17 2023
Clearwater FL 33764-2572
March 14, 2023 City Council's Office
Mayor Frank Hibbard
Councilmembers Mark Bunker, Kathleen Beckman, David Allbritton, Lina Teixeira
Office of the City Council
PO Box 4748
Clearwater FL 33758-4748
Dear Mayor and Councilmembers:
I wish to comment on the lease offered by FlyUSA, the new operator of Clearwater Airpark (CLW)
to the existing tenants.
I have leased a hangar at CLW for more than 13 years. I expect a yearly rent increase tied to the
Consumer Price Index (CPI) each January 1. This year my rent increased by 8.2 % on January 1 from
$590.13 to $638.51. Now with the new lease my rent increases by an additional 16.4% to $743.65 on
March 1. According to a city study last year, rents at CLW, while not low were "in the ballpark" for
similar area airports. With the March 1 increase we are now clearly high in comparison. Unlike CLW,
these airports are available 24hrs per day and provide instrument approaches that enable weather use.
The March 1 increase is NOT justified. Our lease is month to month. What is to prevent FlyUSA from
increasing rent next month or 6 months from now? A CPI adjusted rent once a year is reasonable.
What we have is not tolerable. We need a yearly lease with one CPI adjusted rent increase.
The new lease requires tenants to provide a deposit of one month's rent. Some tenants have been at
the Airpark for 30 years. They owe a deposit? Really? Just a blatant money grab.
Another provision provides for a 6 month's rent transfer fee if a tenant sells his airplane to someone
who wants to keep the existing hangar. $4170 to FlyUSA because a tenant sells his airplane? Not fair.
The lease requires a takeoff and landing once a month. Sounds reasonable doesn't it? But the
reality is that pilots are required by the FAA to self certify their medical certification prior to each
flight. A pilot at any given time could be unable to fly medically for many reasons none of which are
the business of FlyUSA. Additionally, the lease states that aircraft can only be out of service for 90
days. Currently, a new engine can be a 12-14 month wait. An overhauled engine can easily take 6 or
more months. I understand the intent of these provisions, but the detail specified in the lease is not
practicable.
I frankly want the Airpark and Fly USA to be successful in the years to come. However, the rent
increases, deposits, the sales fees and other onerous provisions clearly need to be modified.
T~/j~
~7.4':
Hangar B-8
Airpark Advisory Board member
***ELECTRONICALLY FILED 11/17/2023 05:01:12 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
Document Filed Date
November 17, 2023
Case Filing Date
February 03, 2023
Category
DECLARATORY - CIRCUIT
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EXHIBIT Filing # 186413885 25 11/17/2023 05:01:13 PM E-Filed Received 16 Reserve Blvd MAR 17 2023 Clearwater FL 33764-2572 March 14, 2023 City Council's Office Mayor Frank Hibbard Councilmembers Mark Bunker, Kathleen Beckman, David Allbritton, Lina Teixeira Office of the City Council PO Box 4748 Clearwater FL 33758-4748 Dear Mayor and Councilmembers: I wish to comment on the lease offered by FlyUSA, the new operator of Clearwater Airpark (CLW) to the existing tenants. I have leased a hangar at CLW for more than 13 years. I expect a yearly rent increase tied to the Consumer Price Index (CPI) each January 1. This year my rent increased by 8.2 % on January 1 from $590.13 to $638.51. Now with the new lease my rent increases by an additional 16.4% to $743.65 on March 1. According to a city study last year, rents at CLW, while not low were "in the ballpark" for similar area airports. With the March 1 increase we are now clearly high in comparison. Unlike CLW, these airports are available 24hrs per day and provide instrument approaches that enable weather use. The March 1 increase is NOT justified. Our lease is month to month. What is to prevent FlyUSA from increasing rent next month or 6 months from now? A CPI adjusted rent once a year is reasonable. What we have is not tolerable. We need a yearly lease with one CPI adjusted rent increase. The new lease requires tenants to provide a deposit of one month's rent. Some tenants have been at the Airpark for 30 years. They owe a deposit? Really? Just a blatant money grab. Another provision provides for a 6 month's rent transfer fee if a tenant sells his airplane to someone who wants to keep the existing hangar. $4170 to FlyUSA because a tenant sells his airplane? Not fair. The lease requires a takeoff and landing once a month. Sounds reasonable doesn't it? But the reality is that pilots are required by the FAA to self certify their medical certification prior to each flight. A pilot at any given time could be unable to fly medically for many reasons none of which are the business of FlyUSA. Additionally, the lease states that aircraft can only be out of service for 90 days. Currently, a new engine can be a 12-14 month wait. An overhauled engine can easily take 6 or more months. I understand the intent of these provisions, but the detail specified in the lease is not practicable. I frankly want the Airpark and Fly USA to be successful in the years to come. However, the rent increases, deposits, the sales fees and other onerous provisions clearly need to be modified. T~/j~ ~7.4': Hangar B-8 Airpark Advisory Board member ***ELECTRONICALLY FILED 11/17/2023 05:01:12 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***