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Okaloosa County BOCC — January 8, 2013 — Action Item Printout — reading text

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BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 19, 2013 TO: Honorable Chairman and Members of the Board FROM: Greg Donovan SUBJECT: MSA Debt Repayment DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board is requested to approve a proposed debt repayment plan from the new owners of the Fixed Base Operator contract at Destin Airport. BACKGROUND: Miracle Strip Aviation, one of two Fixed Base Operators at Destin Airport, was declared in default of its Lease on January 4, 2013, due to nonpayment of amounts owed in rental and other fees and because it had ceased performing its obligation under the Lease to provide and operate an FAA certificated repair station on airport premises. Miracle Strip was given 30 days within which to cure these defaults or provide the County with a viable plan for doing so. Since that time, we have learned that Miracle Strip owners have sold their interest in the company to Regal Capital, LLC, a Florida Limited Liability Company. Regal Capital has now submitted a proposed payment plan (attached) to liquidate the entire debt of $485,382. Regal proposes to renovate the County owned passenger terminal as a $207,500 payment in-kind toward the debt. Airport staff will require a detailed renovation plan, monitor the renovation work, and review paid receipts to verify the cost and quality of the work. Regal also proposes to make a cash payment of $100,000 and will sign a note for the remaining $177,882, to be amortized over five (5) years at 4% interest, with the payment of the note to begin upon acceptance of new lease terms to be renegotiated, as provided under Article VI of the FBO Lease, Rents & Fees, based on the establishment of a second FBO, DestinJet, at the Airport. Regal also requests approval to lease the Aircraft Maintenance Hangar to a fully certificated third party maintenance operation, as a cure for that portion of the default. Assuming the BCC approves this repayment plan and the proposal for replacement of a certificated maintenance operation, Airport staff will then prepare an Assignment of Lease incorporating these terms for final execution by Miracle Strip and Regal and approval by the BCC, prior to undertaking the renegotiation of said Lease. OPTIONS: Approve, Reject, Table. RECOMMENDATIONS: Recommend approval of the repayment plan and approval to lease the Aircraft Maintenance Hangar to a third party, to be incorporated into an Assignment of Lease. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator

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