Okaloosa County BOCC — January 18, 2013 — reading text

DISTRICT: All STATEMENT OF ISSUE: Request consideration and staff direction concerning the sale of property near the Bob Sikes Airport in Crestview for which the County has first right of refusal. BACKGROUND: The property, located at 5692 John Givens Road in Crestview, contains 11.6 acres. There is a pending sale on the property that is being brokered by Kevin Bethea of Realty House on behalf of the current property owners. Because the property is located within the Bob Sikes Airpark, Okaloosa County has first right of refusal to purchase the property. The current owners have a buyer for the property and are ready to close, but need a determination by the Board of County Commissioners as to any County interest in purchasing the property. OPTIONS: Okaloosa County can purchase the property or allow the owners to sell under the current contract. Airport staff has reviewed this property transaction and has no interest in purchasing the property at this time. RECOMMENDATIONS: Staff recommends that the Board consider waiving our right of first refusal and allow the pending purchase to proceed. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 67  5.3.a Packet Pg. 68 Attachment: Airpark emails (1279 : Sale of Property Near Crestview Airport)  5.3.a Packet Pg. 69 Attachment: Airpark emails (1279 : Sale of Property Near Crestview Airport)  5.3.a Packet Pg. 70 Attachment: Airpark emails (1279 : Sale of Property Near Crestview Airport)  5.3.b Packet Pg. 71 Attachment: Deed and attachments (1279 : Sale of Property Near Crestview Airport)  5.3.b Packet Pg. 72 Attachment: Deed and attachments (1279 : Sale of Property Near Crestview Airport)  5.3.b Packet Pg. 73 Attachment: Deed and attachments (1279 : Sale of Property Near Crestview Airport)  5.3.b Packet Pg. 74 Attachment: Deed and attachments (1279 : Sale of Property Near Crestview Airport)  5.3.b Packet Pg. 75 Attachment: Deed and attachments (1279 : Sale of Property Near Crestview Airport)  5.3.b Packet Pg. 76 Attachment: Deed and attachments (1279 : Sale of Property Near Crestview Airport)  5.3.c Packet Pg. 77 Attachment: Aerial map 5692 John Givens Road (1279 : Sale of Property Near Crestview Airport)  6.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 8, 2013 TO: Honorable Chairman and Members of the Board FROM: Dino J. Villani SUBJECT: Baker EMS Station Lease DEPARTMENT: Public Safety BCC DISTRICT: All STATEMENT OF ISSUE: Execute the land lease with Okaloosa County School Board at which the EMS Station 5 in Baker is located. BACKGROUND: The County has a structure which is used as an EMS Station currently located on School Board property in Baker. The original lease for the land where the County's EMS Station 5 is located was originally executed in 1997 and consequently expired in 2007. As there was little institutional knowledge of the existing lease and no changes in the terms or conditions by either agency, it expired and went without attention for several years. The School Board is requesting a renewal of the lease. The attached lease is for ten years as was the previous lease. OPTIONS: Approve/ Disapprove. RECOMMENDATIONS: Recommend approval of the new lease agreement between EMS and the Okaloosa County School Board to maintain Medic Station 5 at its current location. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 78  6.1.a Packet Pg. 79 Attachment: EMS Baker Station Lease - Completed Coordination (1103 : Baker EMS Station Lease)  6.1.b STATE OF FLORIDA Attachment: Lease Agreement between SBOOC and Oka County - Baker- EMSAmbulance site.doc (1103 : Baker EMS Station Lease) COUNTY OF OKALOOSA LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into by and between THE SCHOOL BOARD OF OKALOOSA COUNTY, FLORIDA, a body corporate pursuant to Section 1001.40, Fla. Stat., whose principal address is 120 Lowery Place SE, Fort Walton Beach, Florida, 32548 (hereinafter referred to as "Lessor") and OKALOOSA COUNTY, a political subdivision of the State of Florida, whose principal address is 101 East James Lee Boulevard, Crestview, Florida 32536 (hereinafter referred to as "Lessee"). WITNESSETH: For and in consideration of the covenants and agreements herein set forth, the parties do hereby agree as follows: 1. LEASED PREMISES. That the Lessor hereby expressly leases to Lessee the following described real property situated in Okaloosa County, Florida to wit: See Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"). 2. TERM AND TERMINATION. This Lease shall be for a period of ten (10) years beginning on the date of execution hereof by the first party, subject to renewal during the term on an annual basis by mutual agreement by both Lessor and Lessee. If either party should elect not to renew this Lease at the end of any annual period, it shall give the other party at least ninety (90) days written notice prior to the end of any such period. Unless a notice of non-renewal is delivered by either party, then this Lease shall be renewed automatically each year during the term hereof. 3. CONSIDERATION. The consideration thereof shall be the sum of One ($1.00) Dollar per year and other good and valuable consideration, together with the on-going maintenance and operation of an ambulance station to serve the Baker area. 4. USE. Lessor covenants that it is well seized of an indefeasible estate in fee simple in the demised property and has a good right to lease same, and that the Lessor warrants and will defend the Lessee in the quiet and peaceful possession and enjoyment Packet Pg. 80  6.1.b thereof for the said term of this Lease, against all persons lawfully claiming the same, Attachment: Lease Agreement between SBOOC and Oka County - Baker- EMSAmbulance site.doc (1103 : Baker EMS Station Lease) excepting for any easements of record. The Property shall be used by Lessee only as an ambulance station to serve the Baker area. The Lessee may not store fuel or other hazardous materials on or under the Property. 5. IMPROVEMENTS. The Lessor does hereby give the Lessee the right and privilege to make, at Lessee's expense, improvements and additions to the Property. All permanent improvements and additions which are attached to the Property will become the property of the Lessor and shall remain upon, and be surrendered with, the premises as a part thereof at the termination and/ or expiration of this Lease. Any temporary or portable improvements which can be removed without damage to the Property shall remain the property of the Lessee. The Lessee shall be required, at its sole expense, to return the Property to Lessor at the termination and/ or expiration of this Lease in as good a condition, and without any remaining improvements which are unacceptable to Lessor, as when this Lease started. Prior to commencing any development of the Property, the Lessee shall ensure full compliance with all applicable local, state and federal regulations. 6. INSURANCE. A. The Lessee shall exercise its privileges hereunder at its own risk and expense. The Lessee shall carry and maintain in full force and effect throughou t the term of this agreement, either comprehensive general liability insurance or a comprehensive general liability self-insurance program for the full amount of coverage as Lessee carries for all of its other governmental facilities and in no event shall the coverage amount be less than to the limit of liability set forth in Section 768.28, Fla. Stat., as same may from time to time be amended. The Lessor shall be named as an additional insured on all such coverages. Certificates of Insurance must be provided by the Lessee to the Lessor annually during the term of this Lease. All certificates shall provide a thirty (30) day notification clause to the Lessor in the event of cancellation or modification of the policy. In the event the insurance coverage expires at any time during the term of this Lease, a renewal certificate shall be issued thirty (30) days prior to said expiration date. Packet Pg. 81  6.1.b B. The Lessee shall be responsible for the maintenance of such insurance, in the Attachment: Lease Agreement between SBOOC and Oka County - Baker- EMSAmbulance site.doc (1103 : Baker EMS Station Lease) amount of the full replacement cost of the facilities and contents, as necessary to protect the Lessee from the risk of loss of the Property or any contents therein owned by the Lessee by fire, theft, storm, hail, flood, vandalism or other such loss, and the Lessor shall be shown as an additional insured under all such policies of insurance to the extent of its interest in the Property. C. All insurance carriers shall be rated "A" or better by the most recently published A.M. Best Rating Guide. The Lessor reserves the right to accept or reject the insurance carrier(s). D. Neither the Lessee nor the Lessor shall be responsible, liable to, or have any obligation to any user for loss of property by reason of theft, fire, storm, hail, flood, or other such casual ty. 7. BREACH. Should the Lessee breach any of the terms of this Lease, then the Lessor, after