Okaloosa County BOCC — September 3, 2013 — County Attorney Coordination_Approval of Sale Letter_Corrected Exhibit A_Declaration of Covenants — reading text

Lori Fox From: John Dowd Sent: Tuesday, October 29, 2013 4:27 PM To: Lori Fox Cc: Sunil Harman; Jon Morris Subject: RE: Airport Agenda Item - Sale of Parcel 14 in Airport Industrial Airport Lori: That looks fine. Thanks, John ----- Original Message----- From: Lori Fox Sent: Tuesday, October 29, 2013 4:09 PM To: John Dowd Cc: Sunil Harman; Jon Morris Subject: Airport Agenda Item - Sale of Parcel 14 in Airport Industrial Airport Importance: High Good afternoon Mr. Dowd, Please find attached the above reference agenda item and attachments as we would like to present them to the Board during their meeting on November 5th. We will also be attaching a copy of the original statutory deed that was prepared by your office and signed by the BCC Chairman in August 2066. Please let us know at your earliest possible time if this meets with your approval to be placed upon the BCC's November 5th agenda. Thank you, Lori A. Fox Okaloosa County Airports 1701 State Road 85 N Eglin AFB, FL 32542 (850) 651-7160 ext. 4 Northwest Florida Regional Airport (VPS) . Destin/Ft. Walton Beach Airport (DTS) . Bob Sikes Airport (CEW) Please consider the environment before printing this email. Board of County Commissioners State of Florida November 5, 2013 Board of County Commissioners Okaloosa County, Florida 101 E. James Lee Bivd Crestview, Florida Subject: Approval of Sale and Corrected Legal Description of Parcel 14, Bob Sikes Industrial Park TO WHOM IT MAY CONCERN The Okaloosa County Board of County Commissioners hereby approves the sale of the above cited property, also described as Parcel 03-3N-23-0000-0001-0170 in the official records of the County Property Appraiser, by Aviation Industrial Group, Inc. and its assigns to Erhard Koch and or assigns; contingent upon the Buyer preparing a new deed that includes the continuing obligation to comply with the Amended Okaloosa County Industrial Airpark Declaration of Covenants-Phase I attached to the Statutory Deed as “Exhibit B.” Furthermore, the Board of County Commissioners also approves the corrected legal description attached hereto which will be duly recorded with the new deed as Exhibit A. Okaloosa County Board of Commissioners Don R. Amunds, Chairman Courthouse Courthouse Annex 1804 Lewis Turner Blvd. Suite 100 101 E. James Lee Blvd. Crestview, FL 32536 1250 N. Eglin Pkwy. Shalimar, FL 32579 Fort Walton Beach, FL 32547 (904) 689-5030 FAX: 689-5059 (904) 651-7497 FAX: 651-7334 (904) 651-7105 FAX: 651-7142 CORRECTED EXHIBIT A DESCRIPTION - PARGEL 2, BOB SIKES INDUSTRIAL PARK A PART OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT AN EXISTING LIGHT WOOD STAKE MARKING THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; THENCE RUN N.01°45'29"E., ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SECTION 3, FOR A DISTANCE OF 1595.63 FEET; THENCE LEAVING SAID WEST LINE OF THE SOUTHEAST 1/4 OF SECTION 3, RUN N.85°25'29"E. FOR A DISTANCE OF 739.66 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF A PROPOSED ROADWAY |. (HAVING A 100 FOOT WIDE RIGHT-OF-WAY) FOR THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, THENCE CONTINUE N.85°25'29"E. FOR A DISTANCE OF 174.71 FEET; THENCE RUN §.62°14'15"E, FOR A DISTANCE OF 453.86 FEET; THENCE RUN $.04°34'31"E. FOR A DISTANCE OF 796.22 FEET; THENCE RUN §.85°25'29"W. FOR A DISTANCE OF 588.18 FEET TO THE AFORESAID EASTERLY RIGHT-OF-WAY LINE OF A PROPOSED ROADWAY; THENCE RUN N.04°34'32"W., ALONG SAID EASTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 1038.99 FEET TO THE POINT OF BEGINNING. CONTAINING 12.245 ACRES, MORE OR LESS. APPROVED AS CORRECTED DEED EXHIBIT A For PARCEL 14 BOB SIKES INDUSTIRAL PARK DON R. AMUNDS, CHAIRMAN BOARD OF COUNTY COMMISSIONERS November 5, 2013 CORRECTED EXHIBIT A GUENT Tyee At CRETE A, EMERGE JOB No: 071275,14 DATE 11/4/2008 PLAMERS & GUMEYORS : Pas). ee [ee wine, Feaee 18 We Sheat 2 of 2] Drown By RUC Chacked By: PAST BACHLEY STUY & OERKG! 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 shail 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 asa finish material , the decision of the Board of County Commissioners shall be final. All buildings shall 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 Jand 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 and 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 landscaping in good order and condition. Should the owner of any site or lot 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 expeuse any rubbish of any character whatsoever which may accumulate on said site or Jot. 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