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Ogle Airport granted 25-yr lease, but subleases to companies for 50 years
An overhead shot of land leased to Jags Aviation for 50 years
“Ogle International Airport (OAI) has been having its own way,” said a local operator in the aviation industry. The operator made this comment as he noted the fact that the company “illegally” subleased lands to at least three companies.
This newspaper has seen documents proving that OAI has been subleasing lands to companies for longer periods than specified in the master lease.
Kaieteur News has also seen a letter from the Guyana Lands and Survey Commission informing OAI that subleasing of lands for longer periods than the master lease is illegal. But despite the warning, OAI went ahead and issued the leases.
“And guess what Lands and Surveys did? Nothing! ” the operator said emphatically.
The letter from the Land and Surveys Commission states, “We have received your proposed sublease to be issued to users of Ogle Airport Property, and have found that it is legally sufficient, except for the following: We have noted that you intend to issue subleases for a term of twenty-five years. Please be advised that the term of subleases shall not extend beyond the expiration date of the master lease. As you have indicated, the master lease between the Government of Guyana and Ogle Airport Inc. commenced on the 17, July 2003; it is for a term of twenty-five years, it will therefore, expire on the 16, July 2028. Any ending term of a sublease must therefore be not later than July 15, 2028.”
That letter was sent in 2004.
Yet, Jags Aviation (which is a sister company of BK International), Hopkinson Mining and Air Services Limited, have all been given 50 year leases.
The lease agreement secured by Jags Aviation, and seen by this publication, states that Jags can “hold the premises for a period of 50 years commencing from February 22nd 2016 and ending December 31st 2066 subject to the provisions of the master lease insofar as they are applicable to the premises.”
Indeed there is a provision in the Jags contract stating that if the master lease ends without renewal, that will also represent an end to the sublease. The clause states, “Provided that if the master lease expires during the said period of 50 years, then this sublease shall thereupon come to an end with no further liability to either party.”
However, this contradicts the master lease which states that any sublease must be in conformity with the master lease.
The master lease states, “In the event of a sublease of any portion of the Airport, such sublease shall contain a provision stating that all covenants, promises, conditions and obligations contained in this Agreement or covenants running with the land shall bind the sub lessee and its respective heirs, legal representatives, successors and assigns to the obligations set out in this agreement.”
One of the obligations is that the lease will last for only 25 years with an option to extend.
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