Start Skydiving contract with city pulled from tonight's Middletown City Council agenda
Oct. 18—For the second consecutive meeting, a major piece of legislation has been removed at the last minute from a Middletown City Council meeting.
The emergency resolution authoring City Manager Paul Lolli to enter into an agreement with John Hart II, his son, John Hart III, and Start Skydiving was scheduled to be voted on at tonight's City Council meeting.
Missy Knight, the city's communications manager, confirmed to the Journal-News the legislation was removed. She said the city is "still working on (the) contract."
This resolution, when signed, will end two years of lawsuits filed between the owners of Start Skydiving and the city of Middletown.
Tonight's meeting will be held in the Middletown City Schools District offices on the fourth floor of the City Building because Council Chambers are being renovated.
Since it's emergency legislation, and Mayor Nicole Condrey won't vote because of her affiliation with Start Skydiving and Team Fastrax, it must pass 4-0.
The city, the Harts and Start Skydiving have tentatively agreed to resolve the four outstanding lawsuits by way of a settlement agreement and new lease for the spaces occupied by Start, according to city documents. The new lease starts once the certificate of occupancy is issued and lasts for eight years renewable for four times for an additional eight years each renewal. So the lease could last 32 years.
The four cases to be dismissed as a result of this agreement are: Start Skydiving, LLC v. City of Middletown, et al., Southern District of Ohio Case No. 1:20-cv-01018 ("Federal Lawsuit"); State ex. Rel. John P. Hart III v. City of Middletown, Butler Co. Case No. CV 2020 12 1903 ("Open Meetings Act Lawsuit"); City of Middletown v. Start Skydiving, LLC, et al., Butler Co. Case No. CV 2021 01 0031 ("Declaratory Judgment Lawsuit"); and City of Middletown ex rel. John P. Hart II v. City of Middletown, Butler Co. Case No. CV 2021 10 1531 ("Taxpayer Lawsuit")
Within two weeks after the agreement is signed, the city and Start Skydiving must file a joint notice of dismissal with prejudice, and take any other steps legally required to dismiss the lawsuits and without further costs or attorneys' fees to any party.
"I believe it is in the best interest of the city to completely resolve these matters with such an important partner of ours at the airport and we've been working diligently to get this completed," Lolli has told the Journal-News.
John Hart II told the Journal-News he didn't want to comment until the lease and settlement agreement were executed.
In exchange to dismiss the four outstanding lawsuits, the city will pay for the construction of the $1.4 million, 10,000-sqaure-foot hangar at 1711 Run Way at Middletown Regional Airport/Hook Field. Start will continue to pay $1,395 a month for the spaces occupied until the certificate of occupancy is issued, according to the original contract.
After that, the rent will increase to $4,500 per month and 2% per year following the initial term of the lease, according to earlier city documents.
In addition, Start Skydiving, which has operated at the airport since 2009, will be a self-service fueling entity and may purchase its fuel from its source of preference, according to documents. The fuel can be delivered and stored in its 10,000-20,000 gallon containers located adjacent to the city's existing gas storage location.
