Okaloosa County BOCC — January 30, 2013 — Sublease Agrmt Regal Air and VSC — reading text

thereafter; op pe pes - e. The proposed operation, apo development, or construction does not comply with the Airport Master Plan then 1 in. vetfedt, f The developinent or use of “the area a requested by ‘the ‘applicant will result i ina congestion of aircraft or buildings, or will result in unduly interference with the’ operations 15 Operator on the AIRPORT relating to problems with aircraft he Fixed Base Operator's area, g. The applicant has either intentionally or unintentionally misrepresented or omitted any material fact in the application or in supporting documents; ee iled sto make full disclosure .on t of any present Fixed Base service and/or prevent free access to t -., tThe applicant has fa he application or 1 supporting documents; 9 ae oe i The applicant has a record of violating the rules and regulations of any other: airport or civil air regulations, FAA regulations, or any other rules and ‘regulations ° applicable to Okaloosa County Airports;- Mooiayn ge oe j. The applicant has defaulted in the performance of any lease or any. ment with the BOARD; : other . 16° The applicant does’ not, in the opinion of ‘the , undertake the-project, based upon current financial informatio# financial responsibility to provided; licant cannot provide a performance bond ia the amount required by the. in shall prohibit son.tt. dee ficient, ‘an application to do business on of selling, furnishing, or éétablishing non-aviation products. sup, ice or business of a non-aeronautical nature, or an application for the non-p OL 9Orb = facility. SECTION 16, INSURANCE REQUIREMETNS: 7 aaintain i erage in the The operator will provide, and maintain in full force and effect, insurance Cov following types and minimum amounts. °-°.- eer ae a. For full service Fixed Base Operations, general liability coverage to include remises and property damage of at least two million ($2,000,000.00) dollars combined single limit (CSL), aircraft liability coverage of at least two million ($2,000,000.00) dollars CSL; .products/completed operations liability coverage of at least two million (2,000,000,00) dollars CSL; harigarkeepers ‘liability coverage of at least two million ($2,000,000.00) dollars CSL. Insurance coverage shall be applicable to the. type of activity being conducted. » . co a 16 ing one or more of the services in operty damage of at b, For any Specialty Service Operator offer. premises and pr damage 0! at least one million Section 11 above, general liability coverage to include least one million ($1,000,000.00) CSL; aircraft liability coverage of ($1,000,000.00) CSL; and products/completed operations liability coverage of at least one million ($1,000,000.00) CSL. be named.as an. additional insured on he Airports Director a certificate of ted on the approve The Okaloosa County Board of Commissioners shall all such policies. The. operator shall also submit to t insurance from the operator's insurance carrier, execu the types, limits and expiration dates of all policies... Tne SECTION 17, WAIVER OF MINIMUM STAND ARDS: i us portion of the Minimum Standards set d form, verifying The BOARD may, at its discretion, waive all or any Ainimum Stanc forth herein for the benefit of any government or governmental agency performing nom profit public services to the aircraft industry. The BOARD may further temporarily waive any of the Minimui sntal applicants where it.deems such f the Minimum Standards for non-governme yhere it..¢ waiver to be in the best interest of the AIRPORT’s operation and public g god. - SECTION 18, VIOLATIONS, PENALTIES AND PROCEDURES: If the Airports Director determines that any of these Minimum. violated:by an-entity operating on the AIRPORT, and that he or she sO matter satisfactorily by notice to, and ‘discussion with, the offending operator, then the Airports Director may recommend to the BOARD that formal action be take n against the : i allow the operator notice and an opportunity oe ~ or for offending operator. The BOARD shall ; Ty 2 “what action should be taken.again th Jor satis te ion ich action ‘may include, but not limit perator, or revocation -of the. operator. cannot: fr business at the AIRP SECTION 19. SAFETY AND SECURITY: All operators shall abide by all provisions of the approved AIRPORT rules and regulations. If violations of the approved AIRPORT rules:and regulations result in fines _ being levied by any federal or state agency, the operator will reimburse the BOARD for “ 7 the full cost of said fines within thirty (30) days of payment bythe BOARD. © The attached Minimum Standards for Full-Service F ixed Base Operations and Specialty . Service Operations were adopted at the regular scheduled meeting of the Okaloosa County Board of Commissioners on —_ 1997, . - 17 These Minimum Standards supersede any standards previously ‘established by the Okaloosa County Board of Commissioners. ‘BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY. FLORID CHAIRMAN 18 Exhibit C soak? LEASE RATES _ Repayment Plan AGREEMENT THIS AGREEMENT is made and entered into this. .19th_- day of _. Margh2013, - by and between OKALOOSA ‘COUNTY, FLORIDA, .a political subdivision ‘of the State of Florida (hereafter, the “County”), and ‘MIRACLE STRIP:AVIATION, INC., a for profit corporation «incorporated : and -authotized to do business: in the “State of -Florida: (hereatter;- “Lessee” or “Operator’’), -WITNESSETH: ~~ WHEREAS, the County owns, operates and maintains the Destin/Ft. Walton’ Beach: Airport (hereafter, “‘Airport”) located in Okaloosa County, Florida,-for the use and beriefit of the publicsand 0 Coe | “WHEREAS, Lessee currently ‘operates a Full ‘Service Fixed Base Operation’ at the Airport, pursuant to the terms of that certain’ Lease and Opettiting Agreement ‘enitaréd into‘ba Pe, June 23, 1998, as amended ‘by Lease Amendment Nos. 1 and 2; entered into on August 5, 2003, and April 72008, respectively (collectively, hereafter, the “Lease”); and 8 a8 Nese he “WHEREAS, the Counity placed Operator on notide of its default on various terns of the ae Lease, by certified-and hand delivered correspondence dated January 4,.2013;and* 9 Se oe ‘WHEREAS, Operator was given 30 days under that default notice cotrespondence a within which to cure the two separately described events of default; and gS . WHEREAS, ‘during ‘that 30 day cure period, the Courity received ‘communications and“. confirmation that Operator has ‘come under new ownership, in that all Miracle Strip Aviation, © Inc. corporate stock has been’ purchased and is now owned by Regal Capital, LLC, a Florida Limited Liability Company (hereafter, “Regal”); and WHEREAS, Regal has made a proposal for resolving the events of default as set out against Operator in the above-referenced January :4, 2013, default notice correspondence; NOW, THEREFORE, the parties hereto stipulate and:agree as follows:-") 2-25 » 1. -* Opétator ‘agrees to repay the County. money..owed from back rents and other unpaid charges in the principal amount of $485,382.00 (the first event of default), under.the- following terms: a) payment of $150,000.00 in cash, shall be provided to the County . within ten (10) business days after the Commencement Date, as that term is.defined in Article VI of the Amended and Restated Lease Agreement entered or to be entered into by, the parties; <>. b) Operator shall be given a credit of $100,000.00 of the debt owed, by application ‘of such funds toward renovations to.the Airport -terminal building’and ‘other miscellaneous improvements to be made on the Airport site; and ~- c) .», the remaining $235,382.00 .of the debt.owed-shall -be-repaid by - . Operator in equal monthly installments,:to be amortized over.6. years, at-4%- interest; with the See first such ..installment due. to. the .County on -the. first «day.of, the .month: following. ‘the Commencement Date, and with each of the succeeding 71-monthly payments being due.on the» first day of each month thereafter... 0)» sp. 2, The County. agrees to waive: any: late. fees.or interest, other.than as. described above, which might otherwise be due and owing by Operator under.the Lease on ‘the principal amount -owed for back rents and other miscellaneous charges, so long .as Operator remains in compliance with the terms of paragraph 1 of this AGREEMENT, above. 3. Operator is responsible for securing all applicable permits and complying with all Federal, State and County statutes, regulations and ordinances in its construction of the Airport building terminal renovations referenced in paragraph 1-of this AGREEMENT, above 4, The County’ retains the right: to review and. approve vany «plans for. renovations to be made by Operator: at the Alport terminal building: to monitor said renovation work; to review all paid receipts to vetify amounts expended; and to review and approve e the quality of the work performed i in that regard. 5. . Operator agrees that, in cure of its. prior default with respect to its duty assure e that the “Alport is serviced ay a Sfally operational ‘maintenance facility, staffed by fally. ae FAA certificated repair operators, as per the terms of the Lease and Exhibit C thereto (the second event of default), Operator 1 intends to secure a third party maintenance operation meeting all such standards, and shall enter into a a sublease with that maintenance operation in accordance with requirements of Article xxxly of the Lease, within tharty (30) days after ‘the date 2 tis. AGREEMENT i is s entered. 6. ‘The parties agree that upon the entry of this AGREEMENT, they shall expeditiously undertake to renegotiate’ thé ‘terms of the Lease under which Lessee is currently © operating, with the. understanding that the agreements set out in paragraphs 1 — 5 of this AGREEMENT, above, shall not be impacted by said negotiations, but shall remain in. full: force and effect and shall become ¢ a part of ainy renegotiated Lease. 7, This AGREEMENT constitutes the entire agreement and understanding between the parties with respect to the matters addressed herein and supersedes all negotiations prior discussions, letters of intent and preliminary agreements. This AGREEMENT may not be amended except by written document executed by all parties. IN: WITNESS WHEREOF, the parties hereto have executed this instrument, through - their respective authorized représentatives, on the date ‘first set out above. ATTEST: . ~ BOARD OF COUNTY | COMMISSIONERS, OKALOOSA COUNTY, FLORIDA he Cle Don Amunds — af: Chairman Approved as to Content: . . County Attorney. irports Director ATTEST? sAVIATION, INC. - By: i= Mase 4 AA 0728 (S Printed Name Aovh: é Em) Mee Aw Fed Title «= fo ES Exhibit “B” LEASED PREMISES Revision: Hate: Jgb } Cadd Page 12 of 12 CONTRACT & LEASE INTERNAL COORDINATION SHEET a So He [3B Tracking Number: 604-13 Contractor/Lessee Name: Reg «| ( rin, Nesta _ Grant Funded: YES___ NO_& Purpose: Sub lease, = Rahs her meas R AOS ard ¥Sct Alvcre abe Date/Term: ao Contract/Lease Number: Le P= fel-~AP |. [RL GREATER THAN $50,000 nahh, Amount: *s aoe AMd.oD > aby 73 cain “be k 2. [] GREATER THAN $25,000 Department: PYrpo rhs 3. [] $25,000 OR LESS Dept. Monitor Name: Jaw Lf Mu. Document has been reviewed and includes any attachments or exhibits. Purchasing Review Procurement orspen's are met: ae 7) aa Wifa bo for Cat LR LL Liebe Date: Gf/S Purchasing Director or clesignoe Risk Management Review P93 Ff e, ; wa as written: Re GSex mabe ‘ oh ek: oR ee, tuff A Sub- landlord DP dethan ts — spilt S Risk) anager or designee Shs LA \ b.. ep " Fe agasy A Ove. in > oo Ky elk Sa sel a Afforney iy a — . Ff , roe por —— b Ly s¢ of YG fh OO “ / / ‘ Date: _ wf wai i Bis ac f ‘ Following Okaloosa County approval: ; Contract & Grant - Document has been received: Date: Contracts & Grants Manager Dave Miner From: Mike Stenson Sent: Tuesday, May 28, 2013 10:47 AM To: Dave Miner Subject: