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Okaloosa County BOCC — April 27, 2013 — Action Item Printout — reading text

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BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 19, 2013 TO: Honorable Chairman and Members of the Board FROM: Dino J. Villani SUBJECT: MSA Amended Lease and Debt Repayment DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The BCC is requested to approve an amended and restated lease and operating agreement with Miracle Strip Aviation (MSA) and Debt Repayment Agreement BACKGROUND: The existing MSA lease agreement assumed by the new owner needs revisions to bring it into line with the current operating environment. The current lease from June 1998 has been amended twice, but still includes references to past conditions and surveys. This amended and restated edition corrects previous survey errors, requires a new environmental baseline survey, adjusts the percentage of gross sales to equalize rates for each FBO, establishes facility maintenance responsibilities, and defines lease assignment provisions to include a fee. The performance bond was also raised from $25,000 to $50,000. Other terms for fees for insurance/indemnification were raised to the current levels required for an FBO. The lease also includes the provisions of an approved debt repayment agreement (Exhibit D) assumed by the new owners. This document has been coordinated in accordance with County policy. The Debt Repayment Agreement is a separate document attached and reflects the BCC counter offer to the original offer extended by Regal. This was originally presented to the BCC on February 19, 2013. The original offer was a $207,500 credit for terminal renovations and a $100,000 cash payment upon the transfer of the lease to Regal. The balance of $177,882 was to be amortized over a 5 year period at 4% interest with monthly payments of $3,275.97. At that meeting the BCC countered with a $100,000 terminal renovation credit, a cash payment of $150,000 upon transfer of the lease, and the remaining $235,382 to be paid in equal monthly installments over 6 years at 4% interest. Regal has agreed to these terms and signed the attached Debt Repayment Agreement March 12th 2013 OPTIONS: Approve, Reject, Table RECOMMENDATIONS: Approve the Amended and Restated Agreement and Debt Repayment Agreement. RECOMMENDED BY: RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator

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