Okaloosa County BOCC — September 3, 2013 — Statutory Deed — reading text

instr # 2352203 BK: 2727 PG:341,Page 1 of 10 Recorded 08/08/2006 at 07:54 AM, RECORDING: $46.50 RECORDING ARTICLE V: $40.00 DEED DOCSTANPS: $1028.30 This instrument prepared by: DEPUTY CLERK GDUNEVANT John R. Dowd DON W. HOWARD,CLERK OF COURTS, OKALOOSA COUNTY, FL P., 0. Box 404 Shalimar, Fl 32579 (850-651-1679 STATUTORY DEED THIS DEED made this _/7th day of August , 2006 by OKALOOSA COUNTY, FLORIDA, whose address is Courthouse, 101 James Lee Blvd., Crestview, Florida 32536, Party of the First Part, and Aviation Industrial Group Inc., 4705 NW 132 ST, Miami, FL, 33054, (Federal Tax ID Number:20-4950768), Party of the Second Part, WITNESSETH: That the said Party of the First Part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, to it in hand paid by the Party of the Second Part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Party of the Second Part, its heirs and assigns forever, the following described land lying and being in Okaloosa County, Florida: As per “Exhibit A” attached hereto. Subject to reservations, restrictions, and easements of record, if any, and the Conditions of this deed. The condition of the sale of this property is that the Party of the Second Part, or its successors in interest, shall have a continuing obligation to comply with the Amended Okaloosa County Industrial Airpark Declaration of Covenants - Phase I, a copy of which is attached hereto as “Exhibit B.” Failure to comply with said Covenants shall result in a forfeiture or reversion of the property hereby conveyed back to Party of the First Part. The filing of an Affidavit of Non-Compliance with the Restrictive Covenants in the Public Records of Okaloosa County by the Party of the First Part shall revert full title to the property hereby conveyed back to Party of the First Part. The written approval of the Board of County Commissioners is required prior to the lease, conveyance, sublease, or any other transfer of the property hereby conveyed. GAS SP: O0LY90-LL-g6 IN WITNESS WHEREOF the said. Party of the First Part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. OKALOOSA COUNTY, a Political Florida (Official Seal) his /) . By: A we) ama SHERRY S. CAMPBELL CHAIRMAN ATTEST: Lop) Sapo fon W.VHOWARD Clerk of Circuit Court AMENDED OKALOOSA COUNTY INDUSTRIAL AIRPARK DECLARATION OF COVENANTS - PHASE I 1, USES This property shall be used only for industrial and manufacturing, warehousing and distribution, and related business services which constitute a non-hazardous occupancy and shall not be used for residential purposes. No industry or business shall be established, maintained, or operated upon this property which is considered dangerous or unsafe, or which constitutes an annoyance or nuisance by reason of unsightliness or the excessive emission of vibrations, smoke, dust, noise, glare, odor, fumes or offensive effluents of any kind or character, whatsoever. Those certain parcels that are connected to John Givens Road are reserved for aviation related industries, requiring runway/taxiway access. 2. PURPOSES These restrictions imposed upon the property insure proper use and appropriate development and improvement of each building site thereof; to protect the owners of building sites against such improper use of surrounding building sites as will depreciate the value of their property; to guard against the erection of structures built of improper or unsuitable material; to ensure adequate and reasonable development of said property; to encourage the erection of attractive improvements, with appropriate locations; to prevent haphazard and inharmonious improvements; to secure and maintain proper setbacks from streets and in general to provide adequately for the quality of improvement in said property and for the orderly development and efficient maintenance thereof. 3. LOCATION, PLAN AND DESIGN APPROVAL The Technical Review Committee (TRC) for the County shall review and approve all site plans for construction. Completed plans and specs shall be approved prior to the commencement of construction within the Park, covered by these covenants. In review of plans, the TRC will determine that they meet the minimum express requirements of these covenants and in addition shall approve or disapprove the proposed location of driveways, other means of access and landscaping plans in order that. the development will be in conformity and harmony with other existing structures and uses in the Park. The TRC shall use the current Land Development Code of Okaloosa County or as it may hereafter be amended as a guideline in determining the requirements of the aforementioned covenants. If a disagreement on the question of suitability and harmony shall arise, the decision of the Board of County Commissions shall be final. 1 “EXHIBIT B" 4, BUILDING DESIGN AND CONSTRUCTION MATERIALS All buildings shall be basically of steel or other painted metal, masonry, concrete or other materials expressly approved in advance by the Airpark Review Committee. Office areas must be of finished masonry material and all sides of any building facing a public street must have masonry materials on 4 minimum height. Finished materials are defined as face brick, glass, ornamental stone or other decorative materials and shall not include concrete or cinder block, whether or not painted, unless such blocks are designed especially as ornamental facing or veneer. In the event of a dispute as to whether or not a particular material qualifies as a finish material , the decision of the Board of County Commissioners shall be final. All buildings shali be constructed in accordance with applicable codes and ordinances of Okaloosa County, but shall in addition be constructed with high quality materials and in a manner so as to have the ability to withstand the normal causes of deterioration with normal maintenance procedures. No structure, cover, garage barn or other outbuilding of a temporary nature shall be situated, erected or maintained on any parcel of the property unless it applies to a construction building or storage facility used in the course of construction of any permanent building. 5, BUILDING SIZE AND SETBACK REQUIREMENTS Any and all buildings, structures or improvements, at any time constructed or maintained and extended above the ground surface shall conform with the zoning district regulations of the Land Development Code of Okaloosa County. Setback and yard restrictions must meet the setback requirements of the Land Development Code of Okaloosa County. 6. FENCES No fence of any kind shall be constructed within the front setback line. If side or rear property fencing is used, the Airpark Review Committee shall review and approve all fences as to material, color, and adequate landscape screening. In the case of outside storage, these areas must be fenced to shield from public view in all directions. Any screening selected located and maintained to provide a visual barrier must be 75% or more opaque. 7. PARKING AREAS AND LOADING DOCKS Each owner, lessee or tenant must provide an adequate off street parking facility as to eliminate any necessity for the parking of vehicles upon the public streets, common areas or grassed areas. Parking facilities must be constructed of concrete or asphalt pavement or webbed concrete. Location and adequacy of all parking areas shall be determined and approved by the TRC in connection with its review of the site plan. The parking facility must meet the requirements of Chapter 6 of the Land Development Code of Okaloosa County. Loading and unloading areas shall be afforded and designed in such a manner as to comply with Chapter 6. All loading facilities must be on the site, located only in the rear or side interior yard and screened from the street to the maximum extent feasible. No on- 2 street loading is permitted. Truck loading areas shall be paved with Type I asphalt, bituminous or concrete materials and suitable sub-base, as approved by the County Engineer. 8. LANDSCAPING, CLEAN GROUNDS, MAINTENANCE, REMOVAL OF WASTES All unpaved land between the front of a building and the front property line of the property upon which said building is located shall be landscaped and grassed. Landscaping for off street parking areas is required aud must conform to Chapter 6 of the Land Development Code of Okaloosa County, as amended. The owner of any site or lot shall at all times keep the Jandscaping in good order and condition. Should the owner of any site or Jot fail to remedy any deficiency in the maintenance of the landscaping after proper notification, the Board of County Commissioners expressly reserves the right, privilege, and license to make any and all corrections or improvements to the landscape maintenance at the expense of the site owner, tenant or lessee. The user of any site or lot shall at all times keep the premises, buildings, improvements, and appurtenances in a safe, clean wholesome condition and comply in all respects with all government, health, fire and police requirements and regulations. Any user will remove at his or its own expense any rubbish of any character whatsoever which may accumulate on said site or lot. In the event said owner fails to comply with any or all of the aforesaid specifications and/or requirements, then and only then, the Board of County Commissioners or its representative shall have the right, privilege, and license to enter upon the premises and, make any and all corrections or improvements that may be necessary to meet such standards, at the users expense. 9, SIGNS All signs shall comply with Chapter 8 of the Land Development Code of Okaloosa County, as amended. 10, OUTSIDE STORAGE Outdoor storage of equipment, raw materials, semi-finished or finished products may be permitted under such conditions as it shall deem necessary to prevent nuisance or other adverse conditions, only when such outdoor storage is necessary and incidental to the operations being carried on in the building located on the site. No storage shall be permitted in the setbacks required by these covenants and all storage shall be shielded by fence or Jandscape so as to effectively screen the view of such storage area from public streets and adjoining properties. No waste materials, rubbish or discarded matter of any kind shall be permitted to be stored in open areas except in containers approved by the TRC and beyond a time reasonably required to arrange for removal. 11. INGRESS AND EGRESS Each user shall provide adequate ingress and egress to the improved portions of the reality including hard, dust-free surfaced or webbed concrete block roads and driveways for all primary ingress and egress. 12. UTILITY LINES AND EASEMENTS The Board of County Commissioners reserves the right to construct utility Imes, pipes and conduits through an area of not more than twenty feet in width across the real estate covered by these covenants, and each property owner, lessee or tenant shall execute any and all instruments necessary and reasonable for the further development of the Park, including the granting of easements for railroad tracks and sidings, gas lines, sanitary sewer, storm sewers, telephone lines, entrance and access roads, and electrical lines; provided, that no such area or easement shall interfere with any building plans for, or buildings constructed on, such property. The Board of County Commissioners right to construct and maintain utility service as described herein above shall be exercised reasonably and in such a manner as to prevent undue interference with the proper use of the property. ATI utility lines shall be established within twenty (20) feet of property lines except in those cases wherein the Board of County Commissioners determines that it