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CORPORATE NAME CHANGE FROM SUNCOAST AVIATION INCORPORATED- CLEARWATER ARCRAFT INCORPORATED '.' jt.'-, I , 1\ECEIVEU- FEB 1 8 1994 CITY OF CLEARWATER Interdepartment Correspondence Sheet can CLERK DEPT. r/~'v' TO: Miles Lance, Assistant City Attorney FROM: Robert M. Brumback, Asst. Director of PW/Utilities COPIES: Peter J. Yauch, Acting Public Works Director Gary A. Johnson, Public Works Project Coordinator Cynthia Goudeau, City Clerk Rick Emshoff, Clearwater Aircraft, Inc. SUBJECT: CORPORATE NAME CHANGE FROM SUNCOAST AVIATION, INC. TO CLEARWATER AIRCRAFT, INC. DATE: February 16, 1994 Transmitted herewith is the letter we requested from Rick Emshoff, explaining the dissolution of Suncoast Aviation, Inc. and the forming of Clearwater Aircraft, Inc. along with Mr. Emshoff/s assessment of the impact the changes will have on his functioning as Fixed Base Operator (FBO) at Clearwater Airpark and his future intentions with regard to the Airpark. Please review the attached letter and provide, as we discussed, your assessment of the transaction along with any guidance you feel we need legally to handle the matter. As we discussed earlier, the Airport Authority has no problem with Mr. Emshoff continuing as Fixed Base Operator and expressed no desire to take any action to recommend changes in the FBO lease. They seem satisfied with Mr. Emshoff/s performance as FBO. They recommended that we proceed to the City Commission to change the FBO from Suncoast Aviation, Inc. to Clearwater Aircraft, Inc. provided there was no legal reason why it should not be done. The Airport Authority did express a desire to revise the hangar leases that are attachments to the original FBO lease and have the revised leases approved as part of the agenda item that would change the FBO from Suncoast Aviation, Inc. to Clearwater Aircraft, Inc. If these actions are feasible in your opinion, please give me a call and advise me on the process we should take to properly handle this before the Commission. If I could provide any additional information or assistance, please let me know. airpname.scm RMB:scm c. {cj ~. '.~,' \"m,~f E I V E D :~ 1 QWATEQ ~ T'Li~1~@QA T~--lN,' .C'.-'.~:,:::-f, ~ ~ @.(1 w J~-~Iilll .1,1 J [~EB- 9 1991 I! J _ ,~V';':.:.,?:' Pi 4.8--.--,~..; (813) "1-5229 · Fax (813) 44~1006 Aircraft Sales . Maintenance · Rentals Instruction · Charters PUBLIC WO~KSDEP..\RTMENT ~WCB ~NFRA UTI: UK; TI,,!\l'lS ENV o GS ~m CJ CMH 0 PY 0 TM o 0 0 0 Q o PN 0 JHl a MH 0 DB CC?IES TO: City of Clearwater PO Box 4748 Clearwater, FL 3461 FILE: February 7, 1994 Att: Mr. Robert M. Brumback Airpark Staff Coordinator Daar Mr. Brumback: Suncoasi:. Air Cen'ter, J.J.;G. ",'as f'l1~:chasc:d L1. }Jlay of 1985 from PHA Airlines for one million dollars. This was accomplished by securing a loan from the First Union National Bank. The loan was secured with two leases. 1) The lease at the Tampa International Airport, 2) The lease at the Clearwater Airpark. The note was signed personally by> Rick Emshoff, Mark Maconi and Richard Isel. Approximately 6 months after purchasing Sun Coast Air Ceni::,er at the Tampa Internatio:nal Airport, I was required to ins~all monitoring wells around our fuel farms. These fuel fC..i:cms \'7ere and clre owned by the Hillsborough Airport Authority- Shortly after installatioi1 of the wells, they were inspected and found to contain product. The product consis.ted of 100 LL Aviation fuel and jet fuel. The Hillsborough Avia'tion Authorit~T \fJas notified but refused to assist with any corrective actlons. Over a period of time we found ~hat the entire Tampa International Airport grounds are contamlnated. In 1989 a vendor attempted to deliver a load of jet fuel. The fuel was not destined to my facility, but a result of an error by the driver, delivery was attempted, resulting L~ ;:~n cverfl,='\\7 of my holding t,;':i.rJcs.. ]!.- sl'!lal1 amount of fU~11 was spilled .on the ramp. In accordance with normal operating direc.tives, this spill \flaS report,ed to the Fire Department. The Fire department, in turn, reported the spill to the EPA. The EPA came to inspect and found product in the wells. they said it was my responsibility to initiate the clean up. The cost of cleaning up the contamination, the vast majority of which had been in the ground for many years prior to my coming into the picture, would have cost millions. The BPA continued to ~ressure me for over 4 years and finally managed to get me .~nto court. The court ruled, that Suncoast, as the current ter-ant, would have to clean up the site. The only alternative, after speaking with the judge, L, PUBLIC WORKS DEPT. ~TI~Gli:I~!~Sf~ROI: c~ D Recycling D ~I% , 'l ,^"p,"k D '~r'1 j Clearwater Airpark . 1000 North Hercules Avenue · Clearwater, F10rida 3462:5J N S o OJ V M ~~ cl \ I , J Was to place Suncoast into. chapter 11 bankruptcy. After the Aviation authority built Hangar One ( now united Beechcraft ), they did everything possible to make my operating Sun Coast Air Center as difficult as ~ossible. They wanted and still want, a monopoly on the fleld. At this time they have closed the old Sun Coast facility and have not allowed any new tenant to move in or lease it. It is highly doubtful, that once having achieved the monopoly they wanted, that they would let anyone else in again. The main thing the Airport Authority did to assure that a monopoly could be created for Hanger One, was to retroactively decree that my ramp was not strong enough to handle UPS, Airborne Puralator and Emery Express aircraft consisting of DC 9s, and 727s. This caused me to loose their fuel business. The main reason I purchased the facility to start with, was that the fuel business from the above companies would be the bulk of my business. I lost over 75% of my income when the Airport Authority, retroactively, decreed that the above companies could no longer use my ramp for refueling and parking. It is interesting to note, that to this very day, the same ramp that was deemed inadequate to handle relativel~ light DC 9s and 727s, is perfectly capable of handling US Alr Force C-130s and C-141 star Lifters, among others. Every time a US Government dignitary, such as Mrs Bush or others came in they were normally preceded by these heavy airplanes bringing advance parties, vehicles, limos etc. These airplanes parked on the same ramps determined to be unable to sustain the much lighter DC-9s and 727s. Had I known that the above companies would not be allowed to operate from my ramp, I would never have purchased Sun Coast. I could have sold the facility 4 or 5 times, but the sale fell through each time because of the Airport Authorities failure to cooperate and the EPA problems. After having to file bankruptcy the authority did everything possible to have us evicted. They dragged us into court almost every two weeks. the bank realized what was going on, and because of the additional problems with the EPA settled with us for a reduced amount on the note. When we reached this agreement with the bank, we put Suncoast into Chapter 7 for liquidation. Having purchased the note from the bank, this then made Rick Emshoff, Mark Maconi nd Richard Isel the only secured creditors. After having closed the facility by liquidation, I then formed Clearwater Aircraft Inc. Clearwater Aircraft, inc.. will be managed by the same personnel as in the ~ast. We will do everything possible to have a smooth operatlng facility here at the Clearwater Air Park. One that the City can continue to point to with ~ride. I have managed the Air Park for 15 years and will contlnue to G . _..(. , ' , . I j I do a good job in the future and improve on operations at every opportunity. I will be at the airpark on a full time basis in the future. The airpark has never been a profitable operation without aircraft sales. The only way for anyone to make a living in operating a facility such a this air park, is to be engaged in used aircraft sales. As hardly any new light aircraft are being ~roduced, used aircraft sales is the life blood of any operatlon. My continued business relations with South West Florida Air will help assure a profitable and smooth running operation in that both companies have and are working well together. Two companies working together can present a great deal more inventory to the buying public then only one company. South West Florida Air and Sun Coast Air Center, now Clearwater Aircraft have worked closely and well together over the last several years. It would be profitable ,for Clearwater Aircraft to have South west Florida Air remain as a tenant on the field. I feel it would also be beneficial to the citr, as it will increase sales activity by approximately 14-15 alrcraft at all times, thus increasing the total activity ~nd all associated benefits. S6,r:le. e ~kk shoff Pres' ent o \'::;