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Item I7 I7 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting September 20, 2023 Agenda Item Number: I7 2023-1495 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland N/A AGENDA ITEM WORDING: Approval to enforce a claim of lien and proceed to auction the derelict Antonov An-24 aircraft abandoned at Key West International Airport. ITEM BACKGROUND: Key West International Airport has hosted a derelict Antonov An-24 aircraft since at least September 17, 2003 when the aircraft was purchased by North American Aviation, Inc. at an auction. To the best of staff's knowledge the aircraft is inoperative, does not have a certificate of air worthiness issued by the FAA and has not been maintained or repaired since at least September 2003. Since September 17, 2003 the aircraft has accrued over $72,000 in storage fees. On July 14, 2023 the county attorneys office sent a notice,pursuant to Florida Statue 705.183, to the last known address of North American Aviation, Inc. as well as to the registered agent for North American Aviation, Inc. informing them that the aircraft was deemed to be derelict and abandoned and that it had accrued over $72,000 in storage fees. Pursuant to Florida Statue 705.183, both North American Aviation as well as their registered agent were informed that • the aircraft has been left derelict or abandoned at KWIA, • storage fees of$72,410 have accrued, • the Antonov AN-24RV aircraft is subject to a lien under Florida Statute 705.183(5) for the accrued fees, and • the lien is subject to enforcement pursuant to law. The notice to the registered agent was signed for on July 20,2023 however the notice to North American Aviation was returned unclaimed. Thereafter, in an abundance of caution and in accordance with F.S. 705.183, staff posted the aircraft with notice of the above information. Pursuant to F.S. 705.183, if, after having been given notice, the aircraft has not been removed following payment in full of all accrued charges, the county is entitled to file a claim of lien and may thereafter cause the use, trade, sale or removal of the aircraft in accordance with F.S. 705.182. On September 1, 2023 staff mailed a copy of the claim of lien to North American Aviation and to their registered agent as a condition precedent to the use, trade, sale or removal of the aircraft under F.S. 705.183. The lien has now been recorded and 3051 staff is requesting approval to enforce the lien and proceed to auction pursuant to F.S. 705.182. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: North American Aviation- Cuban Antonov AN-24 - Signed Notice to North American Aviation 7-14- 23.pdf North American Aviation- Cuban Antonov AN-24 - Signed Notice to Registered Agent 7-14-23.pdf North American Aviation- Cuban Antonov AN-24 - Lien Notice to North American Aviation 9-1-23.r)df North American Aviation- Cuban Antonov AN-24 - Lien Notice to Registered Agent 9_1_23.pdf FINANCIAL IMPACT: N/A 3052 �n fir , BOARD OF COUNTY COMMISSIONERS 6 �. p .� .. .. ' ,�� �.� �� ; ,� fi�°„a- � �ti. I�1;�ynr Cr,is C;atcs, District l r " r �� Mayor Pro Teen Holly Merrill Raschein, District 5 e Florida t'yS ;{ y Michelle Lincoln,District 2 lames K.Scholl,District 3 Robert B.Shillinger,County Attorney** David Rice,District 4 Pedro J.Mercado,Sr.Assistant County Attorney * Cynthia L.Hall,Sr.Assistant County Attorney* Christine Limbert-Barrows,Assistant County Attorney** Office of the County Attorney Derek V. Howard,Assistant County Attorney** 1 111 IV,,Street,Suite 408 Peter H.Morris,Assistant County Attorney* Key West,FL 33040 Patricia Eables,Assistant County Attorney (305)292-3470 Office Joseph X. DiNovo,Assistant County Attorney * (305)292-3516 Fax Kelly Dugan,Assistant County Attorney Christina Cory,Assistant County Attorney Nothalia Archer,Assistant County Attorney * Board Certified in Ciry,County&Local Govt,Lam North American Aviation, Inc. July 14, 2023 Attn: Mr. Dwight Barnell 300 Douglas Drive Roanoke,Texas 76262 RE: North American Aviation Services AN-24 Aircraft Dear Mr. Barnell, This letter is being sent to inform you, as the Director of North American Aviation Inc., that North American Aviation inc., to the best of my knowledge and belief, is the owner of an Antonov AN-24RV aircraft that has been left derelict and/or abandoned at Key West International Airport (KWIA). A bill of sale (attached) indicates that the aircraft was purchased by North American Aviation, Inc. on September 17, 2003. The aircraft has sat idle since its purchase and to the best of my knowledge is inoperative,does not have a current certificate of air worthiness issued by the Federal Aviation Administration, and is not in the process of actively being repaired. Since its purchase that aircraft has accrued $72,410 in storage fees. Pursuant to Florida Statute 705.183,this letter is being provided to inform North American Aviation Inc. and all persons having an equitable or legal interest in the aircraft that: • the aircraft has been left derelict or abandoned at KWIA, • storage fees of$72,000 have accrued, • the Antonov AN-24RV aircraft is subject to a lien under Florida Statute 705.183(5) for the accrued fees, and • the lien is subject to enforcement pursuant to law. You are also hereby notified that KWIA may cause the use, trade, sale, or removal of the aircraft in accordance with Florida Statute 705.182(2)(a), (b), (d), or (e) if, within 30 calendar days after the date of receipt of this notice, the aircraft has not been removed from the airport upon payment in full of all accrued fees. As the Director of North American Aviation, Inc. I am hereby requesting that you contact 3053 me immediately in order to make arrangements for payment of the accrued fees and to inform us of your plans to remove the aircraft from the airport. If you have any questions please contact me at the number provided above. V t� yours, edro J. Merca Senior Assist t CountvAAttorne 3054 A Key West = International Airport 3491 South Roosevelt Boulevard, Key West,Florida 33040 305-809-5239 Leta-Beth @monroecounty-fl.eov INVOICE EYW2003-2023 7/14/2023 NORTH AMERICAN AVIATION Attn: Mr. Dwight Barnell 300 Douglas Drive Roanoke,Texas 76262 Antonov AN-24RV Aircraft Storage Fees Cuban Registration CU T-1294 Serial Number 27308105 Aircraft Storage Fees From 9/17/2003 to 7/14/2023 $10.00 per day x 7,241 days TOAL AMOUNT DUE $72,410 Please remit payment within 30 days. Thank you. 3055 THIS PURCHASE AGREEMENT(hereinafter referred to as the"Agreement"),is made this the 17'h day of September, 2003, between MATTHEW OVERTON, an individual whose residence is the State of Colorado(hereinafter referred to as"Seller"),and"N"O TH' �RICAN AVIAT1014,'i lft Coi.pomdoipaving its principal place of business at �300 f3auglas Drive, Northwest Regio )'Ai Roanoke, T "' 76263F("hereinafter ,� referred to as the"Purchaser"). WITNESSETH: WHEREAS, Seller is the current owner of clear and marketable interest of one (1) Antonov AN-24RV aircraft, Cuban Registration CU T-1294, Serial Number 27308105, including its two(2) installed engines-- Serial No's. RA-H812007 (left engine) and RA-H9312003 (right engine), its instruments, components, accessories and equipment, and all associated aircraft logs still remaining with the aircraft -- all of the afore-stated which are incorporated herein by reference, and are hereinafter collectively referred to as the "Aircraft". WHEREAS, Seller desires to sell the Aircraft to Purchaser and Purchaser desires to purchase the Aircraft from Seller, and the parties wish to further define the terms and conditions of the sale NOW THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration,the receipt and adequacy of which is hereby acknowledged,the Seller and Purchaser hereby agree as follows: 3056 BILL OF SALE FOR TEN DOLLARS and xx/100(USS 10.00)and other good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged,MATTHEW OVERTON,Individual (the "Seller"), does hereby grant, bargain, sell, transfer and deliver to NORTH AMERICAN AVIATION,INC., (the"Purchaser"), its successors and assigns, all interest in a 1972 Antonov AN-24RV aircraft, Cuban Registration No. CU T-1294 plus its two(2)attached engines S/Ns RA-H812007 and RA-H9312003 (collectively referred to as the"Aircraft") TO HAVE AND TO HOLD the Aircraft unto the Purchaser, its successors and assigns, forever. Seller does hereby,for itself and its successors,assigns,represent and warrant to Purchaser, its successors and assigns,that:the Seller is the lawful owner ofthe Aircraft;the Aircraft is free from all liens and encumbrances; and the Seller has full authority and right to sell the Aircraft. This Bill of Sale is valid and effective to transfer good and marketable title to the aforesaid Aircraft,its engines,equipment and accessories,manuals and maintenance records to Purchaser free and clear of any and all claims, liens,encumbrances or security interest of any kind. IN WITNESS WHEREOF, the undersigned has executed this Bill of Sale this the 176' day of September,2003. • tit" it"- 07/01/40 MATTHEW OVERTON (t (Seller) U t•f.C� ``. �..-....,RRq Signature o-1AR Printed Name V v e/— fo= O i Nort� eri ation, Inc. (Buyer) Signa ted Name D� t 3057 ,t,o BOARD OF COUNTY COMMISSIONERS k1ounty of Monroemiw �G ' !y„�' °b Mayor Craig Cates,District I The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 ~ James K.Scholl,District 3 Robert B.Shillinger,County Attorney** " R' David Rice,District 4 Pedro J. Mercado,Sr.Assistant County Attorney** Cynthia L. Hall,Sr.Assistant County Attorney** Christine Limbert-Barrows,Assistant County Attorney** Office of the County Attorney Derek V. Howard,Assistant County Attorney** 1111 121h Street,Suite 408 Peter H. Morris,Assistant County Attorney** Key West,FL 33040 Patricia Eables,Assistant County Attorney (305)292-3470 Office Joseph X. DiNovo,Assistant County Attorney** (305)292-3516 Fax Kelly Dugan,Assistant County Attorney Christina Cory,Assistant County Attorney Nathalia Archer,Assistant County Attorney **Board Certified in City,County&Local Govt.Law Harvard Business Services, Inc. July 14,2023 16192 Coastal Hwy Lewes, DE 19958 RE: North American Aviation Services Dear Sir or Madam, State of Delaware, Department of State, Division of Corporations records show that Harvard Business Services, Inc. is the registered agent for North American Aviation Inc., a Delaware Corporation having a business address of 300 Douglas Dr., Roanoke,Texas 76262. The Director of the corporation is listed as Dwight Barnell. This letter is being sent in an attempt to contact Mr. Barnell, as the Director of North American Aviation Inc., or any other person having a legal or equitable interest in the aircraft that is the subject of this letter. North American Aviation Inc.,to the best of my knowledge and belief, is the owner of an Antonov AN-24RV aircraft that has been left derelict and/or abandoned at Key West International Airport (KWIA). A bill of sale (attached) indicates that the aircraft was purchased by North American Aviation, Inc. on September 17,2003.The aircraft has sat idle since its purchase and to the best of my knowledge is inoperative, does not have a current certificate of air worthiness issued by the Federal Aviation Administration, and is not in the process of actively being repaired. Since its purchase that aircraft has accrued $72,410 in storage fees. Pursuant to Florida Statute 705.183, this letter is being provided to inform the owner and all persons having an equitable or legal interest in the aircraft that: • the aircraft has sat abandoned at KWIA, • storage fees of$72,000 have accrued, • the Antonov AN-24RV aircraft is subject to a lien under Florida Statute 705.183(5) for the accrued fees, and • the lien is subject to enforcement pursuant to law. You are also hereby notified that KWIA may cause the use, trade, sale, or removal of the aircraft in accordance with Florida Statute 705.182(2)(a), (b), (d), or (e) if, within 30 calendar days after the date of receipt of this notice, the aircraft has not been removed from the airport upon payment in full of all accrued fees. 3058 As the registered agent for North American Aviation, Inc. I am hereby requesting that you contact North American Aviation, Inc. immediately and inform them of this notice. If you have any questions please contact me at the number provided above. Ve y ours' ;, Pedro J. Merr do Senior Assi tangy. my Attorney 3059 i Key West International Airport 3491 South Roosevelt Boulevard,Key West,Florida 33040 305-809-5239 Leto-Beth monroecoun -fl. ov INVOICE EYW2003-2023 7/14/2023 NORTH AMERICAN AVIATION Attn: Mr. Dwight Barnell 300 Douglas Drive Roanoke,Texas 76262 Antonov AN-24RV Aircraft Storage Fees Cuban Registration CU T-2294 Serial Number 27308105 Aircraft Storage Fees From 9/17/2003to 7/14/2023 $10.00 per day x 7,241 days TOAL AMOUNT DUE $72,410 Please remit payment within 30 days. Thank you. 3060 THIS PURCHASE AGREEMENT(hereinafter referred to as the"Agreement"),is made this the 17`h day of September, 2003, between MATTHEW OVERTON, an individual whose residence is the State of Colorado(hereinafter referred to as"Seller"),an NO. TH RICE AVI4ATION`' a ,,, Co ora '' avmg its principal place of business at 4399,Pquglas Drive,Northwest Regional'r ' " I oanoke T as 7626 ("hereinafter referred to as the"Purchaser"). WITNESSETH: WHEREAS, Seller is the current owner of clear and marketable interest of one (1) Antonov AN-24RV aircraft, Cuban Registration CU T-1294, Serial Number 27308105, including its two(2) installed engines-- Serial No's. RA-H812007 (left engine) and RA-H9312003 {right engine), its instruments,components, accessories and equipment, and all associated aircraft logs still remaining with the aircraft-- all of the afore-stated which are incorporated herein by reference, and are hereinafter collectively referred to as the "Aircraft". WHEREAS, Seller desires to sell the Aircraft to Purchaser and Purchaser desires to purchase the Aircraft from Seller, and the parties wish to further define the terms and conditions of the sale NOW THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the Seller and Purchaser hereby agree as follows: —2— 3061 BILL OF SALE FOR TEN DOLLARS and xx1100(US$10.00)and other good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged,MATTHEW OVERTON,Individual (the "Seller"), does hereby grant, bargain, sell, transfer and deliver to NORTH AMERICAN AVIATION,INC., (the"Purchaser"), its successors and assigns, all interest in a 1972 Antonov AN-24RV aircraft, Cuban Registration No. CU T-1294 plus its two(2)attached engines SINS RA-HS 12007 and RA-H9312003 (collectively referred to as the"Aircraft") TO HAVE AND TO HOLD the Aircraft unto the Purchaser, its successors and assigns, forever. Seller does hereby,for itself and its successors,assigns,represent and warrant to Purchaser, its successors and assigns,that:the Seller is the lawful owner of the Aircraft;the Aircraft is free from all liens and encumbrances; and the Seller has full authority and right to sell the Aircraft. This Bill of Sale is valid and effective to transfer good and marketable title to the aforesaid Aircraft,its engines,equipment and accessories,manuals and maintenance records to Purchaser free and clear of any and all claims, liens, encumbrances or security interest of any kind. IN WITNESS WHEREOF, the undersigned has executed this Bill of Sale this the 17ffi day of September,2003. 07 01 XV MATTHEW OVERTON (Seller) �� , Signature ter- R I O�A Fl a = Printed Name -4 v Q v e r 7`a yL f s PL150 ram: Lf j` I,I�q ;OGO� Nort' eri ation, Inc. (Buyer) Signa '! nted Name 3062 County Of Monroe . BOARD of Cates, Tv coiKnnsstoivERs �+m,�y��rtl��pi/r� Mayor Craig Cates,District l The Florida Keys Mayor Pro TernHolly Merrill Raschein,District 5 dVti 1 Michelle Lincoln,District 2 James K.Scholl,District 3 Robert B.Shillinger,County Attorney** David Rice,District 4 Pedro J.Mercado,Sr.Assistant County Attorney** Cynthia L.Hall,Sr.Assistant County Attorney** Christine Limbert-Barrows,Assistant County Attorney** Office of the County Attorney Derek V.Howard,Assistant County Attorney** I I I I I ZIK Street,Suite 408 Peter H.Morris,Assistant County Attorney** Key West,FL 33040 Patricia Fables,Assistant County Attorney (305)292-3470 Office Joseph X.DiNovo,Assistant County Attorney** (305)292-3516 Fax Kelly Dugan,Assistant County Attorney Christina Cory,Assistant County Attorney Nathalia Archer,Assistant County Attorney **Board Certified in City,,County&Local Govt.Law North American Aviation, Inc. September 1,2023 Attn: Mr.Dwight Barnell 300 Douglas Drive Roanoke,Texas 76262 RE: North American Aviation Services AN-24 Aircraft Dear Mr. Barnell, This office previously attempted to contact you by certified mail, return receipt requested dated July 14, 2023, in order to place you on notice of several issues. That letter was returned unclaimed on August 7, 2023. The purpose of that letter was to inform you, as the Director of North American Aviation Inc., that North American Aviation Inc., to the best of my knowledge and belief, is the owner of an Antonov AN-24RV aircraft that has been left derelict and/or abandoned at Key West International Airport (KWIA) and had accrued $72,410 in storage fees. The purpose of said letter was to also inform you that if you did not respond to said letter then the derelict aircraft would be subject to a lien and that the lien is subject to enforcement pursuant to Florida Statute 705.I83. Pursuant to Florida Statute 705.183,enclosed herein is a copy of the Claim of Lien Monroe County will be recording against the Antonov AN-24RV, Cuban Registration CU T-1294, Serial Number 27308105 owned by North American Aviation, Inc.,whose address is 300 Douglas Drive, Roanoke, Texas 76262. You are further notified that the Claim of Lien is subject to enforcement pursuant to Florida Statute 705.183. Govern yourself accordingly. Ve �iy Yrs,ou ..,�, edro J. Mercadod Senior AssistCounty Affd y 3063 This instrument prepared by, recording requested by, and return to: Pedro J Mercado, Sr.Asst.County Attorney FBN 0084050 Office of the County Attorney 1111 12th Street, Suite#408 Key West,Fl.33040 CLAIM OF LIEN State of County of M,�AJ A-° Before me,the undersigned notary public, personally appeared Richard Strickland,who was duly sworn and says that he is the Executive Director of Airports, Key West International Airport, whose address is 3491 S. Roosevelt Blvd., Key West, Florida 33040; and that the following described aircraft: Antonov AN-24RV, Cuban Registration CU T-1294, Serial Number 27308105 owned by North American Aviation, Inc., whose address is 300 Douglas Drive, Roanoke, Texas 76262, has accrued $72,410.00 in fees and charges for the use by the aircraft of Key West International Airport and for the transportation,storage,and removal of the aircraft from Key West International Airport; that the lienor served its notice to the last registered owner and all persons having a legal or equitable interest in the aircraft on July 14, 2023,by certified mail return receipt requested. r � (Signature) STATE OF: r� a1� DA COUNTY OF: M a N k o 6 Subscribed and swom to(or affirmed)before me, by means of q[physical presence or❑online notarization, on f 0.73 (date) by R(Cw"b ST-eiIC&&Nb (name of affiant). He he is personal) sown o me or has produced (type of identification) as identification. AtAAlArwOaGAN NOTARY P BLi No?r�y public.State of Fiorida + }� Commission:HH 162460 o« sty COMM.Expires Nov 7.2023 Bonded through National Notary Assn. 3064 wr BOARD OF COUNTY COMMISSIONERS County Monroe � Pt"� �� Mayor Craig Cates,District The Florida Keys „�u ' ` Mayor Pro Tern Holly Merrill Raschein,District 5 Y u l 1 Michelle Lincoln,District 2 lames K.Scholl,District 3 Robert B.Shillinger,County Attorney** �'°" David Rice,District 4 Pedro J.Mercado,Sr.Assistant County Attorney** Cynthia L.Hall,Sr.Assistant County Attomey** Christine Limbert-Barrows,Assistant County Attorney** Office of the County Attorney Derek V.Howard,Assistant County Attorney** I 1 11 12111 Street,Suite 408 Peter H. Morris,Assistant County Attorney** Key West,FL 33040 Patricia Eables,Assistant County Attorney (305)292-3470 Office Joseph X.DiNovo,Assistant County Attorney** (305)292-3516 Fax Kelly Dugan,Assistant County Attorney Christina Cory,Assistant County Attorney Nathalia Archer,Assistant County Attorney **Board Certified in City,County&Local Govt.Law Harvard Business Services,Inc. September 1,2023 16192 Coastal Hwy Lewes,DE 19958 RE: North American Aviation Services Dear Sir or Madam, This office previously served you notice by certified mail, return receipt requested dated July 14, 2023 that, as the registered agent for North American Aviation Inc., a Delaware Corporation having a business address of 300 Douglas Dr., Roanoke, Texas 76262, an aircraft owned by North American Aviation Inc. had been left derelict and abandoned at Key West International Airport. The return receipt indicating your receipt of the notice was signed on July 20, 2023. This follow up letter is to inform you that more than 30 days has expired since the previous letter was sent and,to date,there has been no response from North American Aviation Inc.,or any other person having a legal or equitable interest in the aircraft that was the subject of the previous letter. Enclosed herein is a copy of the Claim of Lien Monroe County will be recording,pursuant to Florida Statute 705.183, against the Antonov AN-24RV,Cuban Registration CU T-1294, Serial Number 27308105 owned by North American Aviation,Inc.,whose address is 300 Douglas Drive, Roanoke, Texas 76262. As the registered agent for North American Aviation, Inc. I am hereby requesting that you contact North American Aviation, Inc. immediately and inform them of this notice. If you have any questions, please contact me at the number provided above. Very', li ours, " Pedro J. Mercado ° . Senior Assistant 0" my Attorney o-� 3065 This instrument prepared by, recording requested by, and return to: Pedro J Mercado, Sr.Asst. County Attorney FBN 0084050 Office of the County Attorney 111 112'h Street, Suite#408 Key West,Fl. 33040 CLAIM OF LIEN State of - County of M,:�ti AA�- Before me,the undersigned notary public,personally appeared Richard Strickland,who was duly sworn and says that he is the Executive Director of Airports, Key West International Airport, whose address is 3491 S. Roosevelt Blvd., Key West, Florida 33040; and that the following described aircraft: Antonov AN-24RV, Cuban Registration CU T-1294, Serial Number 27308105 owned by North American Aviation, Inc., whose address is 300 Douglas Drive, Roanoke, Texas 76262, has accrued $72,410.00 in fees and charges for the use by the aircraft of Key West International Airport and for the transportation,storage,and removal of the aircraft from Key West International Airport; that the lienor served its notice to the last registered owner and all persons having a legal or equitable interest in the aircraft on July 14, 2023,by certified mail return receipt requested. r r (Signature) STATE OF: f_t-00.1D0, COUNTY OF: M 0 N R o l✓ Subscribed and swom to(or affirmed)before me, by means of q(physical presence or 0 online notarization, on .2$ ?a.;�3 (date) by _ R Cfl'i t> STQrCKLI4NO (name of afftant). He he is personal) mown o me or has produced (type of identification)as identification. wa't.t-fie. +►�'�,' MAIiIAMORGAN NOTARY P0 BLf No�ry Public.state of Florida Commission;HH t62s60 [ ors ;' My Comm.Expires Nov 7.2023 Bonded through National Notary Am.. 3066