Title
A Resolution to Amend the Airport Franchise and License Agreement with the Current Fixed Based Operator Under a New Business Name and Partnership
Summary
Description of Topic: (who, what, where, when, why and how much)
The City currently has an agreement with Roger Watkins, Lightning Aviation, to manage the day to day operations at the Foley Municipal Airport. Mr. Watkins has formed a partnership with Timothy Zoltak and will rebrand the flight school as "Fly Foley". An Amendment to the current Airport Franchise Agreement is attached. This Amendment substitutes and replaces references to "Lightning Aviation, Inc." with "Fly Foley, LLC" and Paragraph 13(3) regarding termination of agreement by Owner or Provider will be changed to say 90 days written notice will be provided rather than 30 days. The amendment has been reviewed by legal counsel.
Budgetary Impact:
Non-Capital Item:
____ Budgeted under account #_______________ (discussion item)
____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.**Request to Transfer Departmental Budget Dollars form must be attached**
____ Not budgeted requiring increase to account #___________ in the amount of $____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital - Departmental **Capital Purchase Worksheet form must be attached**
____ Budgeted under account #______________ for $_________ and described in budget as ________________________. Additional amount needed, if any: Increase in budget of $_________ OR, transfer of $________ from Account #____________ to Account #_____________**Request to Increase OR Request toTransfer Departmental Budget Dollars form must be attached**
____ Not Budgeted - account #____________ requires budget increase of $_____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital Project - **If requesting to start a project, a Capital Project Worksheet form must be attached**
In current year Capital Projects Plan:
_____ Yes, described as __________________________, planned amount $___________, requesting $_________ as total project estimate, including contingencies, under account #_________________
_____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________.
_____ No, requesting an increase of $___________ to an already approved project titled ________________________ that is being tracked under Account No. ___________________.
Body
WHEREAS, Roger Watkins of Lightning Aviation, Inc. is the current Fixed Based Operator at the Foley Municipal Airport and manages the day-to-day operations of the airport, and,
WHEREAS, the current Airport Franchise and License Agreement with Lightning Aviation, Inc. does not expire until July 19, 2021, and,
WHEREAS, Lightning Aviation, Inc. has partnered with Timothy (TJ) Zoltak and will rebrand the flight school as "Fly Foley, LLC", and,
WHEREAS, an Amendment has been drafted to (a.) change the Provider name from Lightning Aviation, Inc. to Fly Foley, LLC, (b.) to change the written notice of termination in Section 13(3) from 30 days to 90 days and (c.) to modify the Provider contact information.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foley, Alabama, as follows:
SECTION 1: Approves an Amendment to the Airport Franchise and License Agreement as written and gives the Mayor the approval to execute the Amendment.
SECTION 2: This Resolution shall become effective immediately upon its adoption as required by law.