Okaloosa County BOCC — November 5, 2013 — USAF Lease of 3 7 acres to Okaloosa County for ARFF — reading text

excavating, demolition, or restoration, the Lessee shall determine whether asbestos is present. The Lessee shall not occupy or conduct any activities in any, or part of a, facility as described in Condition 5 if the facility or facilities that, at the inception of this Lease, contain damaged or deteriorated ACM, as that term is defined in Condition 11.6 of this Lease, until any damaged or deteriorated ACM has been remediated in accordance with Conditions 11.5 and 11.6. 26. Reserved 27. Amendments 27.1. This Lease may be amended at any time by mutual agreement of the Parties in one writing and signed by a duly authorized representative of each of the respective Parties. Amendments to this Lease executed on behalf of the Government must be signed at the level of Director, AFCEC/CI, or higher. 28. Government Control of Base 28.1. The use and occupation of the Leased Premises shall be subject to the general supervision and approval of the Commander and to reasonable rules and regulations that the Commander may prescribe from time to time. 28.2. The Lessee acknowledges that it understands that the Base is an operating military installation and that Lessee’s operations may from time to time be hampered by temporary restrictions on access, such as identity checks and auto searches. The Lessee further acknowledges that the Government strictly enforces Federal laws and Air Force regulations concerning controlled substances (drugs) and agrees that the Government will not be responsible for lost time or costs incurred due to delays in entry, temporary loss of access, barring of individual employees from the base under Federal laws authorizing actions, limitation, or withdrawal of an employee’s on-base driving privileges, or any other security action that may cause employees to be late to or unavailable at their work stations, or delay arrival of parts and supplies. 29. Liens and Mortgages 21 29.1. The Lessee shall not engage in any financing or other transaction creating any mortgage lien upon the Leased Premises; place or suffer to be placed upon the Leased Premises any other lien or other encumbrance; or suffer any levy or attachment to be made on the Lessee’s interest in the Leased Premises. Any mortgage, encumbrance, or lien shall be deemed to be a violation of this Condition and constitute a failure to comply with the terms of this Lease on the date of its execution or filing of record regardless of whether or when it is foreclosed or otherwise enforced. 29.2. The Government acknowledges that the Lessee has entered into a Master Indenture of Trust, dated as of August 1, 2003 (the “Master Indenture”) with JP Morgan Chase Bank as trustee, as to which The Bank of New York currently serves as successor trustee (the “Trustee”) and a First Supplemental and Second Supplemental Indenture to Master Indenture of Trust, dated as of August 1, 2003 and December 1, 2007 respectively (the “Supplements” and, with all future Supplements entered into pursuant to the Master Indenture, and with the Master Indenture, collectively, the “Indenture”). Under the Indenture, the Lessee has pledged and granted a first lien on certain Revenues as defined therein to secure bonds issued under the Indenture to finance and refinance a portion of the Pre-Existing Improvements and certain rental car service facilities, and may in the future issue additional debt pursuant to the Indenture secured on a parity with the outstanding indebtedness by a parity lien on the Revenues. The Government acknowledges and agrees that the obligations of the Lessee under this Lease, including its obligations under Conditions 11.3 and 15.2, shall be payable solely from the Revenues as defined in the Indenture, which payment shall be secured by a lien on and pledge of the Revenues, which pledge and lien are junior and subordinate to the lien and pledge securing all Bonds (as defined in the Indenture) and Additional Bonds (as defined in the Indenture) and Subordinated Indebtedness (as defined in the Indenture) issued or to be issued under the Indenture. 29,3, Government acknowledges (i) Lessee will from time to time in the future continue to issue Additional Bonds.and Subordinated Indebtedness under the Master Indenture pursuant to other supplemental trust indentures entered into from time to time further pledging the Revenues and other revenue realized by Lessee from rentals, fees and charges to secure payment of such Additional Bonds and Subordinated Indebtedness, and (ii) neither the Master Indenture, the Supplemental Trust Indentures, nor any future supplemental trust indenture entered into by Lessee pursuant to Section 28.2 above shall in any way be considered a financing transaction, mortgage or security interest prohibited by any provision contained in this Lease. 30. Reserved 31. Reporting to Congress 31.1 This Lease is not subject to the reporting requirements of 10 U.S.C. § 2662. 22. 32. Exhibits 32.1. Five (5) exhibits are attached to and made a part of this Lease, as follows: Exhibit A - Description of Leased Premises Exhibit B - Map of the Leased Premises Exhibit C - Physical Condition Report Exhibit D - Environmental Condition Report Exhibit E - Areas of Special Notice (balance of this page intentionally left blank) 23 150 Fe oF ASPHALT PAVEMENT SET 5/6" R&C “Le 320. 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NAIM AERA OATUL OF 1003 eae robes 10 Ine PLORDA PORT AIFERENCE HETWOR (FPRN) VATUAL AOFERGHCE STATION (VES) SOLUTION. TS SURVEY IS CATA 70 AVEO HC. Beau REY Merce, oF wwe Lyi wo me ween 23 owe Stim hase 23 Mest TApMUSeee Merde, aLDOSA COOL, Plowon, bane PARRGUN AeLY ‘GESCreREG AS COMIENCE ATA HOH Se a me CONCATTE WEHUENT CeBOUATED “Ens MTUAL REFORLNEE STANOH (vis) SOOM, SURVEYOR'S CERTIFICATE ire Sau, CORDA SERRE HS, OE YALO WINOUT THE SOUATURE AMD ORGHAL BASED Exhibit C — Physical Condition Report (To be added by Department of the Air Force) Exhibit D — Environmental Condition Report (To be added by Department of the Air Force) Exhibit E— Areas of Special Notice (To be added by Department of the Air Force) IN WITNESS WHEREOF, I have set my hand by authority of the Secretary of the Air Force. BY: THIS LEASE is executed by the Lessee this day of ,20_.. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA By: Don R. Amunds Chairman Attest: Gary J. Stanford Deputy Clerk of Court State of County of 24