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Commissioners press Modern Aviation for stronger contract protections, set December 2027 finish target
Summary
Commissioners discussed a proposed extension with Modern Aviation that removes force‑majeure language and pushes completion into 2028; the board directed staff to seek revised contract language that secures completion guarantees and proposed a December 2027 deadline and a 25¢ rate as the county’s negotiating position.
Commissioners spent an extended portion of the July 21 meeting focused on a proposed amendment from Modern Aviation to an existing airport agreement.
Commissioner Leroy (speaker 3) said Modern Aviation returned an amended agreement that removed the clause referring to reasons "beyond their control" and extended the completion timeline. He described concerns that Modern Aviation now "wants the agreement upfront" rather than waiting until the project is completed.
Michael (speaker 4) told commissioners that staff could ask Modern Aviation to draft revised contract language and that the county attorney could perform a short review rather than starting immediate litigation. Michael cautioned that force‑majeure language and other contract provisions were normally reserved for major, uncontrollable events and that removing county sign-off language reduces enforceable protections.
Chair (speaker 2) summarized the commissioners’ negotiating stance: give Modern Aviation until December 2027 to complete the work but insist on stronger contractual teeth and set the operational rate target at 25¢. Chair stated, “We will give them until December of 27th to finish the project. But, Lewis rate we're gonna go is 25¢.” Commissioners asked staff to request revised draft language from Modern Aviation so the county attorney can review enforceability and breach/termination options.
Staff and commissioners debated whether the county should grant a two‑year lease extension (from 12/31/2041 to 12/31/2043) up front or condition it on verified project completion (e.g., 50% completion checkpoint or retroactive extension once the work is certified). Staff flagged financing constraints for Modern Aviation — that investors likely condition project financing on receiving the extension — and warned commissioners that reducing the extension could cause the company to decline the improvements. Commissioners discussed legal remedies (including voiding an extension upon failure to complete) and agreed that revised contract language should explicitly tie extension rights to observable completion milestones.
Next steps: staff will ask Modern Aviation for revised language reflecting the county’s breach and completion protections and forward that to the county attorney for review before the commissioners consider formally executing any extension.
