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Consent to Assignment of Ground Lease Agreement From Pamela Wilfong to Hernando County Board of County Commissioners, Resolution Terminating Previously Superseded Ground Leases, and Termination of Ground Lease Agreement and Mutual Release With Pamela Wilfong for Lot 37 Located at Hernando County Airport Industrial Park, Unit One
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BRIEF OVERVIEW
15470 Flight Path Drive (aka Lot 37 Hernando County Industrial Park Unit One) was leased to Bruce V. Sargent on August 31, 1988. Through the years, it was subsequently re-let, amended, and assigned and ultimately leased on April 24, 2007, to the present tenants, Dennis Wilfong (deceased) and Pamela Wilfong, who is in good standing. Through a series of miscommunications, none of the previous leases, amendments, or assignments involving Bruce V. Sargent, nor the first Dennis Wilfong ground lease and amendment, were ever officially terminated by the Board of County Commissioners (BOCC) and, as such, they cloud the title of Lot 37. The following superseding leases, amendments and assignments must be terminated:
Document Dated ORB/PG Party
Sargent Lease 08-31-88 705/1106 Sargent
Sargent Amendment 12-14-89 761/443 Sargent
1st Sargent Assignment 10-10-89 761/445 Sargent
2nd Sargent Assignment 04-09-91 817/97 Sargent
3rd Sargent Assignment 07-24-91 832/1537 Sargent
1st Wilfong Lease 12-03-91 844/299 Wilfong
1st Wilfong Amendment 02-04-91 1108/1362 Wilfong
Should the Board agree to purchase the improvements located at 15470 Flight Path Drive, an approval for a Consent to Assignment of the 2nd Wilfong lease dated April 24, 2007, to the Board is being requested.
FINANCIAL IMPACT
The Airport’s revenue will not be impacted. A minimum annual payment of $12,684.24 to the Airport will be expensed from Account No. 0011-01051-5304405 Rental/Lease Buildings.
LEGAL NOTE
Reviewed and approved for legal sufficiency by the County Attorney’s office. The Board is authorized to act on this matter pursuant to Chapter 125, Florida Statutes.
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RECOMMENDATION
It is recommended that the Board approve and authorize the Chairman’s signature on the attached resolution terminating all superseding leases, amendments, and assignments for Lot 37 located at Hernando County Industrial Park, Unit One, and further direct the Clerk to record the resolution. It is further recommended that the Board approve and authorize the Chairman’s signature on the attached consent to assignment of ground lease from Pamela Wilfong to Hernando County Board of County Commissioners.