St. Clair County sues over broken MidAmerica lease agreement

Kelly Holleran Aug. 7, 2012, 12:24pm

The Public Building Commission of St. Clair County has filed a lawsuit against the company that it claims failed to abide by the terms of an airport lease agreement.

In its complaint, Public Building Commission, which controls lease agreements at the MidAmerica St. Louis Airport, alleges it entered into a ground lease agreement with H Trading on Nov. 29, 2010.

Under the terms of an amendment to the agreement, H Trading promised to plan construction for improvements to renovate the site into an air cargo warehouse and handling facility that is at least 30,000 square feet within 10 days of the amendment, which was signed Aug. 18, 2011. It also agreed to secure a construction contract in regard to the improvements by Jan. 1 and to commence with the construction by Feb. 1, according to the complaint filed July 24 in St. Clair County Circuit Court.

As another part of the lease, St. Clair County agreed to contribute $250,000 toward the improvements, the suit states.

However, H Trading failed to abide by its end of the bargain, the suit states. On March 14, 2012, Public Building Commission forwarded a notice of termination of its lease agreement with H Trading, the complaint says.

Because H Trading failed to live up to its end of the deal, the Public Building Commission is seeking repayment of the $250,000 it paid H Trading. It is also asking the court to declare the lease terminated and to authorize return of the property to the Public Building Commission, plus attorney's fees.

It will be represented by Bernard J. Ysursa of Cook, Ysursa, Bartholomew, Brauer and Shevlin in Belleville.

St. Clair County Circuit Court case number: 12-L-378.

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