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Airport commissioners ask attorneys to narrow six‑month "redemption" cure period in Capital Flight ground lease
Summary
Middleton Airport commissioners directed staff and counsel to work with Capital Flight on tighter lease language after debate over a proposed six‑month redemption period that would extend cure rights after a default; commissioners also asked for clarity on signage, ramp use and an accompanying SASO/FBO agreement before recommending a final lease to the council.
Chair Lurman said the commission would focus on a few outstanding items in Capital Flight’s proposed ground lease and asked city counsel to explain the implications of a contested cure period.
City attorney Matt Fleming told commissioners the lease’s defaults and remedies section would, as currently drafted, add “an additional six‑month period” after a default during which the lessee or its lender could try to sell the hangar, find a substitute operator or otherwise cure defects. Fleming said that language raises policy tradeoffs because it lengthens cure timeframes that elsewhere in the lease are much shorter.
Commissioners concentrated on whether to accept that extended redemption window. Jeff Barton, representing the development side, and Capital Flight representative Matt Hopel argued lenders and long‑term tenants commonly expect protections when they invest substantial sums; Barton drew parallels to…
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