Okaloosa County BOCC — December 18, 2012 — ECA Amendment 4 — reading text

AMENDMENT NUMBER FOUR LEASE AND LICENSE AGREEMENT AERO FX, INC. d.b.a. EMERALD COAST AVIATION This AMENDMENT is entered into effective this day of , 2013, by and between OKALOOSA COUNTY, FLORIDA, a political subdivision of the State of Florida, (hereinafter referred to as LESSOR) and AERO FX, INC., d.b.a. EMERALD COAST AVIATION, (hereinafter referred to as LESSEE). WITNESSETH: WHEREAS, Aero FX, Inc. d.b.a. Emerald Coast Aviation entered into the original lease no. LO8-0335-AP30 effective January 1, 2009. WHEREAS, this Amendment Four shall be subject to the terms, covenants, conditions, and agreements to be kept, performed and observed by LESSEE as stipulated in the original lease agreement and Amendments One, Two and Three not otherwise amended in this amendment. THEREFORE, the LESSOR and LESSEE, each in consideration of the agreement to be performed by the other, do hereby agree as stated. SECTION I: Article 2 par 2.1 Premises is amended to read, County hereby agrees to lease to Company and Company hereby agrees to lease from County real property consisting of premises in Exhibit B dated September 15, 2011, which is attached to this Amendment, (hereinafter “Premises’’). SECTION 2: Amendment 3 Section 1 Article 5.B.g is amended to read, Company shall complete construction of the new terminal facility no later than October 31, 2013, subject to any delays beyond its control. Ground rent on the new terminal area of TWENTY FOUR THOUSAND EIGHT HUNDRED TWO (24,802) square feet is established at FIVE CENTS ($.05) per square foot per year for a total annual cost of ONE THOUSAND FORTY DOLLARS AND TEN CENTS ($1,240.10) plus tax. Company shall be allowed rental credit for the terminal ground lease on the appraised value based on a County conducted independent appraisal. SECTION 3: Amendment | Section 3 Article 6.C 1) Description: is amended to read, Ground rent on the fuel farm area of NINE THOUSAND FIVE HUNDRED THIRTY THREE (9,533) square feet is established at FIVE CENTS ($.05) per square foot per year for a total annual cost of FOUR HUNDRED SEVENTY SIX DOLLARS AND SIXTY FIVE CENTS ($476.65) plus tax. SECTION 4: Amendment One Section 4 Article 6.E Premises Rent—Office is amended to read, The initial evaluation based on the condition and age of the office/terminal/hangar building, rent is set at TWENTY EIGHT THOUSAND EIGHT HUNDRED DOLLARS ($28,800.00) or TWO THOUSAND FOUR HUNDRED DOLLARS ($2,400.00) per month plus tax. SECTION 5: Amendment One Section 5 Article 6.G 1) is amended to read, Ground rent on the apron/ramp of TWO HUNDRED NINETY FIVE THOUSAND FOUR HUNDRED NINETY NINE (295,499) square feet is established at FIVE CENTS ($.05) per square foot per year for a total annual cost of FOURTEEN THOUSAND SEVEN HUNDRED SEVENTY FOUR DOLLARS AND NINETY FIVE CENTS ($14,774.95) plus tax. SECTION 6: The ground lease fees for the terminal, hangar, fuel farm and apron shall be increased every five (5) years to reflect the increase in the Consumer Price Index (“CPI”) from the date of Amendment Number One. The “CPI” shall be the revised Consumer Price Index for All Urban Consumers for all items — U. S. City Average, published by the Bureau of Labor Statistics, U. S. Department of Labor, 1982-84=100 (CPI-U). SECTION 7: Survey/Legal for New Terminal: Commence at the Northwest corner of Section 11, Township 3 North, Range 23, West of Tallahassee meridian, Okaloosa County, Florida, Thence S.01°50’10”W. along West line of Section 11 for a distance of 1597.09 feet; Thence S.88°09’50”E. for a distance of 497.00 feet; Thence N.82°02°06”E. for a distance of 108.00 feet to a point on the West edge taxilane “A”; Thence S.07°57°54”E. along West edge of taxilane “A” for a distance of 282.00 feet to the Point of Beginning; Thence continue $.07°57°54”E. along West edge of taxilane “A” for a distance of 206.00 feet; Thence S.82°02’06”W. for a distance of 111.30 feet; Thence N.07°57°54”W. for a distance of 54.00 feet; Thence S.82°02’06”"W. for a distance of 22.17 feet; Thence N.07°57°54”W. for a distance of 25.15 feet to the Point of Curvature of a curve concave Southeasterly, having a radius of 4.50 feet and a central angle of 90°00’00”; Thence along the arc of said curve an are length of 7.07 feet (chord 6.36 feet, chord bearing N.37°02’06”E.) to the point of tangency; Thence N.82°02’06”E. for a distance of 16.04 feet; Thence N.07°57°54”W. for a distance of 73.47 feet; Thence S.82°02’06”W. for a distance of 15.07 feet to the point of curvature of a curve concave Northeasterly, having a radius of 6.00 feet and a central angle of 90°00’00”; Thence along the arc of said curve an are length of 9.42 feet (chord 8.49 feet, chord bearing N.52°57°54”E.) to the point of tangency; Thence N.07°57’54W. for a distance of 42.89 feet; Thence N82°02’06”E. for a distance of 134.00 feet to the Point of Beginning. Contains 24,802 square feet. SECTION 8: Survey/Legal for Fuel Farm: Commence at the Northwest corner of Section 11, Township 3 North, Range 23, West of Tallahassee Meridian, Okaloosa County, Florida, Thence S.01°50’10”W. along West line of Section 11 for a distance of 1611.98 feet; Thence S.88°09°50”E. for a distance of 150.33 feet to the Point of Beginning; Thence N.85°32’00”E. for a distance of 130.77 feet; Thence S.01°34’46”W. for a distance of 92.12 feet; Thence N.58°07°38”W. for a distance of 35.53 feet; Thence S.86°56’54”’W. for a distance of 100.34 feet; Thence N.01°59°10”E. for a distance of 70.28 feet to the Point of Beginning. Contains 9,533 square feet. SECTION 9: Survey/Legal for old Terminal - Hangar: Commence at the Northwest corner of Section 11, Township 3 North, Range 23, West of Tallahassee Meridian, Okaloosa County, Florida, Thence S.01°50’°10”W. along West line of Section 11 for a distance of 1597.09 feet; Thence S.88°09’50”E. for a distance of 497.00 feet to the Point of Beginning; Thence N.82°02’06”E. for a distance of 108.00 feet to a point on the West edge of Taxilane “A”; Thence S.07°57°54”E. along West edge of Taxilane “A” for a distance of 282.00 feet; Thence S.82°02’06”W. for a distance of 134.00 feet; Thence N.07°57’54”W. for a distance of 14.00 feet; Thence N.82°02’06”E. for a distance of 26.00 feet; Thence N.07°57°54”’W. for a distance of 36.92 feet; Thence S.82°02’06”W. for a distance of 8.18 feet; Thence N.07°7°54’W. for a distance of 10.29 feet; Thence N.82°02’06”E. for a distance of 8.18 feet; Thence N.07°57’54”’W. for a distance of 220.79 feet to the Point of Beginning. Contains 30,904 square feet. SECTION 10: Survey/Legal for Apron — Ramp: Commence at the Northwest corner of Section 11, Township 3 North, Range 23, West of Tallahassee Meridian, Okaloosa County, Florida, Thence S$.01°50710”W. along West line of Section 11 for a distance of 1572.57 feet; Thence S.88°09’50”E. for a distance of 602.34 feet to a point on the West edge of Taxilane “A”, Bob Sikes Airport, Crestview, Florida and the Point of Beginning; Thence proceed N.82°02’06”E. for a distance of 80.02 feet; Thence N.07°57’54”W. for a distance of 388.11 feet; Thence S.82°02’06”E. for a distance of 163.98 feet to a point on the Westerly edge of Taxilane “A”; Thence S.07°57°54”E. along Easterly edge for a distance of 1348.34; Thence S.82°02’06”W along South Taxilane “A” for a distance of 191.00 feet; Thence N.07°57’54”’W. for a distance of 46.00 feet; Thence S.82°02’06”W. for a distance of 53.00 feet; Thence N.07°57°54”W. along West edge of Taxilane “A” for a distance of 914.23 feet to the Point of Beginning. Contains 295,499 square feet. SECTION 11: This AMENDMENT NUMBER FOUR consists of the following: Sections 1 — 11. It constitutes this entire Amendment of the parties on the subject matter herein and may not be changed, modified, discharged, or extended except by written instrument duly executed by LESSOR and LESSEE. IN WITNESS WHEREOF, the parties hereto have executed these presets as of the day and year first written. —2N — 4 JONATHAN DUNN, PRESIDENT AERO FX, INC. dba EMERALD COAST AVIATION WITNESS if WITNESS BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA DON R. AMUNDS CHAIRMAN ATTEST: GARY J. STANFORD DEPUTY CLERK OF CIRCUIT COURT OKALOOSA COUNTY, FLORIDA ACKNOWLEDGEMENTS STATE OF FLORIDA COUNTY OF OKALOOSA Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared JONATHAN DUNN who, under oath, deposes and says that he is authorized to execute contracts and lease agreements and that he executed the foregoing instrument for the uses and purposes contained therein. Sworn and subscribed before me this q day of Jav vary , 2013, A.D. a Notary Public State of Florida Z David Edward Miner NOTARY My Commission 00925523 Expires 11/23/2013 My commission expires: /(-23 -'3 RECEIVED 14109 cu. EXHIBIT D CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: Tracking Number: S53) ~1% Contractor/Lessee Name: Purpose: Review and Coordination of the Project Execution Plan for the West Hangar Area Improvements Project at Bob Sikes Airport Date/Term: 1 [J GREATER THAN $50,000 Amount: 2 ()_ GREATER THAN $25,000 Department: CEW Airport 3 [0 $25,000 OR LESS Dept. Monitor Name: G. Donovan Purchasing Review Procurement requirements are met: CI Toa Date: far tracts & Lease Coordinator Risk Management Review io mr fhonw [NSS Rae Cc Approved as,wrjigen: sf con ~.o0% ot ; heat FURWMT Date: holtS Management Director _ _! County Attorney Review IA we | [23/13 < [28 Coultty Attorney Following Okaloosa County Approval: Contract & Grants Document has been received: Date: Contracts & Grants Manager