Okaloosa County BOCC — January 30, 2013 — Assignment of Lease MSA Regal Air Destin — reading text

ASSIGNMENT OF LEASE This ASSIGNMENT OF LEASE FOR FIXED BASE OPERATOR DESTIN/FT. WALTON BEACH AIRPORT, fully executed this day of , 2013, by and between MIRACLE STRIP AVIATION, INC., a Florida corporation (hereinafter referred to as the “FIRST PARTY”), REGAL AIR DESTIN, LLC, a Florida limited liability company (hereinafter referred to as the “SECOND PARTY”) and OKALOOSA COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the “COUNTY”) , WITNESSETH: WHEREAS, Regal Capital LLC, a Florida limited liability company, purchased all of the stock of FIRST PARTY, which operates the fixed base operation pursuant an Amended and Restated Lease Agreement for a Full Fixed Base Operator at the Destin/Ft. Walton Beach Airport dated March 19, 2013 (the “Amended and Restated Lease”, capitalized but undefined terms herein have the meaning ascribed to them in the Amended and Restated Lease) under the name Miracle Strip Aviation; WHEREAS, the FIRST PARTY desires to assign to the SECOND PARTY the Amended and Restated Lease in order for the SECOND PARTY to operate the fixed based operation pursuant to the Amended and Restated Lease under the name Regal Air Destin. WHEREAS, pursuant to the Amended and Restated Lease, the FIRST PARTY may not assign its rights, title and interest in the Amended and Restated Lease without the prior payment of an assignment fee of $1,000.00 and the prior written consent of the COUNTY. SECTION 1: ENTIRE ASSIGNMENT OF LEASE FIRST PARTY hereby assigns to SECOND PARTY all of its leasehold interest in the Leased Premises, and all rights, title and interests in, to and under the Amended and Restated Lease (the “Assignment”). SECOND PARTY, by execution of this ASSIGNMENT OF LEASE, and in consideration of approval by the COUNTY of the same does hereby assume all responsibilities, duties, obligations, rights, and privileges as set forth in the Amended and Restated Lease, and does hereby expressly relieve and indemnify the FIRST PARTY against any duty or responsibility for the same. SECTION 2: CONSENT OF THE COUNTY The COUNTY hereby consents to this assignment from FIRST PARTY to SECOND PARTY and lets to SECOND PARTY and SECOND PARTY hereby hires and takes from COUNTY at the Destin/Ft. Walton Beach Airport in the County of Okaloosa, State of Florida (hereinafter referred to as *AIRPORT”), that certain location designated as Full Fixed Base Operator as shown on file in the office of the Airports Director. The COUNTY hereby waives the requirement that the FIRST PARTY pay an assignment fee of $1,000.00 in order to assign its right, title and interests in the Amended and Restated Lease. _ SECTION 3: EFFECTIVENESS OF THE ASSIGNMENT OF LEASE This ASSIGNMENT OF LEASE shall become effective as of the date it is signed by the last of FIRST PARTY, SECOND PARTY and the COUNTY. SECTION 4 — FURTHER ACTIONS Each of the parties hereto covenants and agrees to execute and deliver, at the request of the other party hereto, such further instruments of transfer and assignment and to take such other actions as such other party may reasonably request to more effectively consummate the assignments and assumptions contemplated by this ASSIGNMENT OF LEASE. SECTION 5: ENTIRE AGREEMENT This ASSIGNMENT OF LEASE constitutes this entire Assignment of Lease of the parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written instrument duly executed by FIRST PARTY, SECOND PARTY and the COUNTY. [The remainder of this page is intentionally left blank. ] IN WITNESS, the parties hereto have executed these presents as of the day and year first above written. ATTESTS: (the Lo vi jal ote WITNESS ad, th ye 7 WITNESS ATTESTS: (hess se (del rce ENESS ° combi yye aS WITNES 5 cs a ae va ATTESTS: Gary J. Stanford Deputy Clerk of Circuit Court Okaloosa County, Florida FIRST PARTY: a MIRACLE STRIP AVIATION, INC. SO By: )) E. a President Date: SF rIU-)S SECO ARTY: REGAL AIRADESTIN, LLC oe i By:_ | LO / ee Manager CO BOARD OF COUNTY COMMISSIONERS, OKALOOSA COUNTY, FLORIDA By: Don R. Amunds, Chairman Date: RECEIVED MAY 2.0 mg CONTRACT & LEASE INTERNAL COORDINATION SHEET S19. 13 Contract/Lease Number: L.99-10 J ft P Tracking Number: 62} “/3 Contractor/Lessee Name: _ Miracle Sirie Mae tT} oA Grant Funded: YES____ NOL Purpose:__ flame. Change ‘fe Rega Ale dest! a; Date/ten: 3 -ab- 33 1. BAL GREATER THAN $50,000 amount; 1&4, 943. fe per yr. plow fax 2. [1] GREATER THAN $25,000 ( Department: & ips tts 3. 1) $25,000 OR LESS \ ‘ Dept. Monitor Name: d avi A WMON!tr Document has been reviewed and includes any attachments or exhibits. Purchasing Review Procurement requirenyents are,met: oe. pote: SZL/s rchasing Director or designee Risk Management Review OT Leafy LM : pate: 3/22 // Risk Aanager or designee County Attorney Review ‘eee Date: ‘ vg, (9 Céunty Attorney Following Okaloosa County approval: Contract & Grant Document has been received: Dette: Contracts & Grants Manager