Okaloosa County BOCC — July 6, 2016 — AOL Stanley Gordon B 6 L 1 for Agenda — reading text

CONTRACT & LEASE INTERNAL COORDINATION SHEET L 08 -03)-AF Tracking Number:__/933-/¢ Grant Funded: YES NO A Contract/Lease Number: Contractor/Lessee Name: }'Jln/‘;; T Govaun Jp. Purpose___HoL _ Frown J}v»lc;; Cordor Ap As Lk Date/Term: 5/’/3?/33 1. % GREATER THAN $50,000 Amount: },qu-f.: mw-/d,. /m e ddtd 2. [] GREATER THAN $25,000 Department: fl).’lm/i} 3. D $25,000 OR LESS - Dept. Monitor Name: %i;/r"”me/ Document has been reviewed and includes any attachments or exhibits. Purchasing Coordination M‘/ %M | B Date: 6/:/30(& Purchasing Manager or Designee Zan-Federakloanne-kublilcor Cha rlesPolell Risk Management Review Approveghas written: fi WQ’% Date: (/// / fié/ /4 e Risk Mgnager or designee Laura Porter or Krystal King County Attorney Review See Gl duted Juat W, 200 Approved as written; Date: County Attorney Gregory T. Stewart, Lynn Hoshihara, Kerry Parsons or designee Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager e G{=6{3V91~9L~§*C‘ 2~ [aye C 3 Dave Miner From: Parsons, Kerry <KParsons@ngn-tally.com> Sent: Tuesday, June 14, 2016 1:06 PM To: Dave Miner Cc: Stephanie Herrick; Charles Powell; Zan Fedorak; Lynn Hoshihara Subject: RE: Assignments of Lease Coordination Approved for legal sufficiency. From: Dave Miner [mailto:dminer@co.okaloosa.fl.us] Sent: Tuesday, June 14, 2016 2:05 PM To: Parsons, Kerry Cc: Stephanie Herrick; Charles Powell; Zan Fedorak Subject: RE: Assignments of Lease Coordination Ms. Parsons: Changes accepted and completed. Thank you again. Dave From: Parsons, Kerry [mailto:KParsons@ngn-tally.com] Sent: Tuesday, June 14, 2016 8:27 AM To: Dave Miner Cc: Stephanie Herrick; Charles Powell; Zan Fedorak Subject: RE: Assignments of Lease Coordination Dave: Please see my attached revisions and make the same revisions on the other assignment too. I would recommend in the recommended action section for the BOCC agenda when this comes about, that one of the recommendations is that due to the uniqueness of the situation, the BOCC waive the other requirements of the assignment clause under the hangar leases, including the 1,000 assignment payment. Let me know if you have any questions, Kerry From: Dave Miner [mailto:dminer@co.okaloosa.fl.us] Sent: Monday, June 13, 2016 9:56 AM To: Charles Powell; Zan Fedorak Cc: Stephanie Herrick; Parsons, Kerry Subject: Assignments of Lease Coordination Charles: Two assignments of Lease are attached for coordination. You will receive the originals in distro. Thank you. Dave David E. Miner Properties and Leases Okaloosa County Airports (850) 651-7160 Ext. 4 www.flyvps.com "Please note: Due to Florida's very broad public records laws, most written communication to or from County employees regarding County business are public records, available to the public upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure.” FOURTH ASSIGNMENT OF LEASE AND FIRST AMENDMENT L08-0331-AP STANLEY J. GORDON JR. HANGAR LEASE AT THE DESTIN EXECUTIVE AIRPORT This First Amendment and Fourth Assignment of Lease made and entered into this day of , 2016, hereby approves of the assignment between Stanley J. Gordon Jr., (hereinafter the “Lessee”), whose principal address was 2410 Ampere Drive, Louisville, KY 40299, and to the Estate of Stanley J. Gordon Jr., (hereinafter the “Assignee”), whose principal address is, 715 Alta Vista Road, Louisville, KY 40206-2986 by Stanley J. Gordon Jr. and Okaloosa County, Florida through its Board of County Commissioners (hereinafter the “County”), whose principal address is 1250 N. Eglin Pkwy., Shalimar, FL 32579. WHEREAS, the County entered into a Lease for Hangar Space at the Destin Airport with Hamilton Aviation, Inc. on June 1, 1993, Assignment of Lease from Hamilton Aviation to Lay-A- Way, Inc. on March 3, 1998, Assignment of Lease from Lay-A-Way, Inc. to Gorlin Aviation on September 12, 2000, Assignment of Lease from Gorlin Aviation to Stanley J. Gordon Jr. on June 10, 2003, Lease for Hangar Space Option on August 29, 2008 and Lease for Hangar Space Renewal on Jul 22, 2013 and the lease expires on May 31, 2033 ; and WHEREAS, on September 12, 2015 Stanley J. Gordon Jr. passed away in a plane crash while performing in an air show in Tennessee; and WHEREAS, the estate of Stanley J. Gordon Jr. wishes to maintain the deceased’s hangar lease with the County. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree to the following: L ASSIGNMENT OF LEASE 1.08-0331-AP Stanley J. Gordon Jr. hangar lease, L08-0331-AP, is hereby assigned to the Estate of Stanley J. Gordon Jr. II. CONSENT TO ASSIGNMENT 1. The County hereby consents to the Assignment of Lease from Stanley J. Gordon Jr. to his Estate in accordance with Section 13 of the Lease for Hangar Space Renewal Agreement. 2. The Estate by execution of this Assignment of Leasc and First Amendment, and in consideration of consent by the County of the same, is bound by all terms of the Lease Agreement, Assignment of Leases, Lease for Hangar Space Option and Lease for Hangar Space Renewal Agreement, as may be amended from time to time, and does hereby assume all responsibilities, duties, obligations, rights, and privileges as set forth in these agreements. III. AMENDMENT TO THE LEASE AGREEMENT L08-0331-AP is hereby amended as follows: IV. Section 17 ¢ of the Lease for Hangar Space Renewal executed on July 22, 2013, is hereby amended to read: All aircraft liability and public liability coverage shall be endorsed to include Okaloosa County as Additional Insured. In addition, all insurance policies shall contain a clause that the insurer will not cancel or change the insurance without first giving the County thirty (30) days prior written notice. Prior to occupying the Leased Premises and annually upon renewal, Lessee shall furnish County a Certificate of Insurance evidencing all required insurance. The Certificate(s) of Insurance shall be delivered to Okaloosa County, 5749 A Old Bethel Road, Crestview, FL 32536 and a copy to Okaloosa County Airports, Airports Administration, 1701 State Road 85 North, Suite A, Eglin AFB, FL 32542-1498. On request, Lessee shall deliver an exact copy of the policy or policies including all endorsements. V. Section 18 of the Lease for Hangar Space Renewal executed on July 22, 2013, is hereby amended to read: Any and all notices to be given under this Lease may be served by enclosing the same in a sealed envelope and directed to the other party at its address and deposited in the mail as first class mail with postage therein paid. When so given, such notice shall be effective from date of mailing. Unless otherwise provided in writing by the parties hereto, the address of the Airport Director is as follows: Okaloosa County Airports, 1701 State Road 85 North, Suite 1, Eglin AFB, FL 32542-1498. The address of the Estate is: Stanley J. Gordon Jr. Estate, 715 Alta Vista Road, Louisville, KY 40206-2986. VI Section 12 of the Lease for Hangar Space Renewal executed July 22, 2013, is hereby amended to read: Lessee shall pay all taxes, assessments, and other similar charges required by any local, state or federal law, including but not limited to such taxes and assessments as may from time to time be imposed by the County, if so authorized, which by law may be levied or assessed against any of the premises occupied by Lessee pursuant to this Lease Agreement, or which may arise out of or are incidental to the conduct of Lessee’s operation and activities under this Agreement or by reason of Lessee’s occupancy of its facilities or use of County facilities under this Agrecment. Lessee shall protect, reimburse and indemnify County from and assume all liability for its tax and assessment obligations under the terms of this Lease Agreement, VIL All other provisions of the original Lease Agreement, Assignment of Leases, Lease for Hangar Space Option and Lease for Hangar Space Renewal shall remain in full force and effect through the duration of the Lease term. IN WITNESS WHEREOF, the parties hereto have executed this assignment and amendment as of the day and year first written. LEGAL REPRESENTATIVE OF STANLEY J. GORDON JR. ESTATE <) Jefffrgly S. Gordon Witness OKALOOSA COUNTY Charles K. Windes, Jr., Chairman Date: ATTEST: 1.D. Peacock II, Clerk ACKNOWLEDGMENTS STATEOF Ken el COUNTY OF Je{fecScn Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appearcd JEFFREY S. GORDON who, under oath, deposes and says that he is authorized to execute contracts and lease agreements and that he executed the foregoing instrument for the uses and purposes contained therein. Sworn and subscribed before me this = O day of 3—('4 e , 2016, AD. ALorrdSom. tosolan NOTARY My Commission Expires: DANA M. HARDIN SOTARY PUBLIC-STATE AT LARGE KENTUCKY NOTARY 1D # 549493 » COMWISSION EXPIRES 02-04-2020 GORDJA1 OPID: TD DATE (MM/DDIYYYY) A ACORD>Y N— CERTIFICATE OF LIABILITY INSURANCE o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Wenk Aviation Insurance, LLC PHONE FAX 900 North Shore Dr., Suite 109 (AIC, No, Ext): (AIC, No): Lake Bluff, IL 60044 E-MAIL Tucker Wenk Deeter ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # insurer A : Atlantic Specialty ins Co INSURED The Estate of . Stanley J. Gordon Jr. INSURER B : clo Jeffrey S. Gordon INSURER C : 715 Alta Vista Road INSURER D : Louisville, KY 40206 INSURER E : INSURERF : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR DDLSUBR ¥ T POLICY EXP LTR TYPE OF INSURANCE INSD |WYD POLICY NUMBER (m}fl% (MBIID%IYYYY) LiMITS A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE § 1,000,000 DAMAGE TO RENTED ’ CLAIMS-MADE D OCCUR X PREMISES (Ea occurrence) | $ not covered X |Premises Liab 710027145-0007 06/22/2016 | 06/22/2017 [ ycr exp (any o persony | 8 not covered PERSONAL & ADVINJURY | § not covered GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 POLICY |:, hESr D LoC PRODUCTS - COMP/OP AGG | § not covered OTHER: $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY D ) ANY AUTO BODILY INJURY (Per persan) | § ALLQUINED SCHEDULED BODILY INJURY (Per acident) | § ] NON-OWNED - PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED l ’ RETENTION § $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN Shure | [ & ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? D N/A {Mandatory in NH) E.L. DISEASE - EA EMPLOYEE| § If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT | § A |Property 710027145-0007 06/22/2016 |