Okaloosa County BOCC — April 1, 2014 — ECA Amendment Number Six 3-21-14 — reading text

AMENDMENT NO. 6 LEASE AND LICENSE AGREEMENT AERO FX, INC. D/B/A EMERALD COAST AVIATION THIS AMENDMENT, is entered into effective this day of , 2014, 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. L08-0335-AP30 effective January 1, 2009; and WHEREAS, this Amendment No. 6 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 1, 2, 3, 4, and 5, not otherwise amended hereby; NOW, THEREFORE, The Lessor and Lessee each in consideration of the Agreement to be performed by the other, do hereby agree as stated: Section 1: Article 13 — Liens is deleted in its entirety and is amended hereby to read as follows: Agreement to Mortgage of the Lessee's Interest, Notice, Right to Cure and Assumption: Lessor acknowledges, understands and agrees that the Lessee will mortgage the interest granted to the Lessee under the Lease as security for a construction and development loan to finance planned improvements to be constructed and located on the Property. Lessor hereby agrees to the following provisions relating to the mortage of the Lessee's interest; Amendment No. 6 Lease and License Agreement Page 1 of 3 Lessor agrees to provide to the lender as designated by Lessee or its successors and assigns, written notice of any default under the terms of the Lease by the Lessee and agrees that Lessee’s mortgagee, its successors and assigns shall have a reasonable time (in no event less than 90 days) after receipt of Notice of Default in which to cure said default. Lessor agrees to provide said Notice of Default in writing, to Lessee’s mortgagee at such address as might be provided by Lessee’s mortgagee from time to time in writing to Lessor. If the interest of the Lessee shall be acquired by Lessee’s mortgagee by reason of foreclosure of the mortgage or other proceedings brought to enforce the rights of the mortgagee, by assignment of lease in lieu of foreclosure or by any other method, and the Lessee’s mortgagee shall succeed to the interest of the Lessee under the Lease, the Lease shall continue in force and effect and shall not be extinguished or terminated except in accordance with the terms of the Lease. The Lessor and Lessee is mortgagee or its assigns shall thereupon be bound under all of the terms, covenants, and conditions of the Lease for the balance of the term thereof remaining with the same force and effect as if the Lessee’s mortgagee were the Lessee under the Lease. Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Lessor, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer, or materialmen for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to, or repair of the premises or any part thereof, nor as giving Lessee any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any lien against the premise or any part thereof. Amendment No. 6 Lease and License Agreement Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day and year first above written. Witness: Buta ted yod Print Name:_Leerica ed. wand Mule Ipc Print Name: Lori ffi Fox” Print Name: Print Name: a a EES m1, President of Aero FX, Inc. d/b/a Emerald Coast Aviation BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA CHARLES K. WINDES, JR. CHAIRMAN Attest: GARY J. STANFORD DEPUTY CLERK OF CIRCUIT COURT OKALOOSA COUNTY, FLORIDA Amendment No. 6 Lease and License Agreement Page 3 of 3 CONTRACT & LEASE INTERNAL COORDINATION SHEET = we Contract/Lease Number: lL... OB - _ AP Tracking Number:29 7 7 LS f CQ AD} Ja erty Contractor/Lessee Name: Dow F im x 7 im Err Gh Funded: YES NO_X Purpose Lnerdve rt pel Date/Term:__/-/- Ge AI 1. [7] GREATER THAN $50,000 Amount: 2. [7] GREATER THAN $25,000 Department: Dy e 3, ] $25,000 OR LESS Dept. Monitor Name: AAs f JD Larven, j Document has been reviewed and includes any attachments or exhibits. Purchasing Review Procurement a), Mf ‘= ph ye N MA) Mf Date: Fs 3 oo 2fa oft if race tor or Designee enn é Kel I, {kc Risk Management Review fo dy fc Ate t OO Date: 3fy [ie of Risk Manager or designee a County Attorney Review Rafoved as a en: He Ss — Date: 3/1 uf an Attorney Folowing Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager