Okaloosa County BOCC — July 2, 2013 — Resort Development of Naples Cay - Hangar Renewal — reading text

Coordinator, 602-C N. Pearl Street, Crestview, FL 32536. On request, LESSEE shall deliver an exact copy of the policy or policies including all endorsements. SECTION 18: NOTICES 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 the 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 Highway 85 North, Eglin Air Force Base, Florida 32542-1498. The address of the LESSEE is: Resort Development of Naples Cay, Inc., Thomas Becnel, 15000 Emerald Coast Parkway, Destin, FL 32541. SECTION 19: HOLD HARMLESS To the fullest extent permitted by law, LESSEE shall indemnify hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional, wrongful conduct of the LESSEE and other persons employed or utilized by the LESSEE in the performance of this lease. SECTION 20: BINDING NATURE OF LEASE This LEASE shall be binding on the assigns, transfers, heirs, executors, successors, and trustees of the parties hereto. SECTION 21: PROHIBITED ACTIVITY LESSEE shall not commit or suffer to be committed on said premises, any waste, nuisance, or unlawful act. SECTION 22: COMMERCIAL ACTIVITY PROHIBITED No commercial activity of any nature or kind is allowed on the Leased Premises. SECTION 23: RESTRICTIONS ON MECHANIC’S LIENS Nothing in this lease shall be deemed or construed in any way as constituting the consent or request of COUNTY, express or implied, by inference or otherwise, to any contractor, sub-contractor, laborer, or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to, or repair of the demised premises or any part thereof, nor as giving LESSEE and right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any lien against the demised premises or any part thereof. Such liens are hereby strictly prohibited SECTION 24: TERMINATION BY LESSOR If LESSEE breaches or violates any of the terms and provisions hereof, COUNTY shall have the right to terminate this LEASE forthwith by giving written notice to LESSEE, and if not corrected within THIRTY (30) days, this LEASE would be terminated and in such event of termination, the improvements thereon would become the property of COUNTY. SECTION 25: NON-DISCRIMINATION LESSEE, for its self, its personal representatives, successors, in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (3) that LESSEE shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation Effectuation of Title VJ of the Civil Rights Act of 1964, and as said regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, COUNTY shall have the right to terminate the LEASE and to reenter and repossess said land and the facilities thereon, and hold the same as if said LEASE had never been made or issued. This provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21, are followed and completed, including exercise or expiration of appeal rights. SECTION 26: PLACE OF PAYMENTS All payments and notices to COUNTY shall be given or mailed to the following address: AIRPORTS DIRECTOR OKALOOSA COUNTY AIRPORTS 1701 STATE ROAD 85 NORTH EGLIN AFB, FLORIDA 32542-1498 SECTION 27: CONSTRUCTION AND APPLICATION OF TERMS The section and paragraph headings in this LEASE are inserted only as a matter of convenience and for reference, and in no way define, limit, or describe the scope or intent of any portion hereof. The parties have participated jointly in the negotiation and drafting of this Lease. In the event an ambiguity or question of intent or interpretation arises, this Lease shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Lease. Both parties have had an opportunity to have their respective legal counselors review this Lease. SECTION 28: LEGAL DESCRIPTION Block 6 Lot 2: Commence at the Northeasternmost corner of Lot 35, Block A, Harbor Breeze Second Addition, as recorded in Plat Book 16, Page 30, Public Records of Okaloosa County, Florida; Thence $.38°00’00”E. (Basis of Bearings) along the East line of said Block A for a distance of 138.95 feet; Thence departing said East line proceed N.52°00°00”E. for a distance of 168.70 feet to the Point of Beginning; Thence N.38°00°00”W. for a distance of 50.43 feet; Thence N.52°00°00”E. for a distance of 65.07 feet; Thence S.38°00°00"E. for a distance of 50.43 feet; Thence $.52°00°00"W. for a distance of 65.07 feet to the Point of Beginning. Parcel described contains 3,281 square feet or 0.075 acres. SECTION 29: ENTIRE LEASE This LEASE consists of the following: Sections 1 to 29. It constitutes the entire LEASE of the parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written instrument duly executed by COUNTY and LESSEE. (The remainder of this page intentionally left blank) IN WITNESS, the parties hereto have executed these presents as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA DON R. AMUNDS CHAIRMAN ATTEST: GARY J. STANFORD DEPUTY CLERK OF CIRCUIT COURT OKALOOSA COUNTY, FLORIDA SORT DEVELOPMENT OF NARLES CAY THOMAS BECNEL LabbhAspdh 7 ~~ WITNESS ACKNOWLEDGMENTS STATE OF FLORIDA COUNTY OF OKALOOSA Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared THOMAS BECNEL 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. C7 / eC Sworn and subscribed before me this Lal day of , pe , 2013, AD. sone, — STEVEN NABORS vay a Commission # EE 181503 e AN Tf cs My Commission Expires ey March 21, 2016 ZA jy = 7” NOTARY My Commission expires: Wa a Zl 2 Ol IG 10 ae we ACCORD Maen” . CERTIFICATE OF LIABILITY INSURANCE DATE (AWOBIYYYY) 7/17/2013 YHIS 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. | SUBROGATION [§ WAIVED, subject fo lhe terms and conditions of the policy, certain palicies may require an endorsemont. A statement on this certificate does not confer rights to the certificale holder in lieu of such encdorsement{s). PRODUCER COWIMGT Julie Morxill Hancook Insurance Agency FHONE 4 (850) 269-3643 hae 'P O Box 248 EMAL e"julie.morrillghancockinsurance, com ef we INSURER(S) AFFORDING COVERAGE NAIC # Destin BL 32540 ym \er® p {ANGnera Hallmark Insurance Company INSURED go vi % gle LE MURER © : (DRB Development, LLC pe Nef EV RiSURER C: /15000 Emerald Coast Parkway Destin FL 32541 =" INSUREH D: IHSUREN & INSURER F COVERAGES CERTIFICATE NUMBER:CL1 362612530 REVISION NUMBER: THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LIS . : NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RE E MAY BE ISSUED OR MAY PERTAIN. THE INSURANC CATE TED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOG £ APFORDED BY THE POLICIES © T TO WHICH TRS PO ALL THE FEMS CRIGED HEREIN (8 SUBJED ANE CONDITIONS OF SUCH POLICIES. LIMITS SHOWIN MAY BEEN REDUCED BY PAID CLAHAS Z ; ° ADDLISUBE POLICY EFF T POLICY EXP | _ LER TYPE OF INSURANCE INS Lay. POLICY HUMBER (ADDIE YL (MII DIY YS Lan? S GENERAL LIABILITY £ 1,006,000 B APPOOOGRATOS S/21U/2013 16/21/2014 5 ; ERATIONS teltey i | lL i foe E AUTOMOBILE LIABILITY 5 : . UMBRELLA LIAB pecute EACH OCCURRENCE 3 EXCESS LIAB AGGREGATE ; 3 LRetennons Ea WORKERS COMPENSATION We STATO. oti D EMPLOYERS LIAMHLITY YER LORY. (its ER cume PAS Ei EACH ACCIDENT Elna : L MAPLOY Ei DISEASE POUCT LINYT |e DESC AIP TION, OF OPERATIONS PLOCATIONS / VEHICLES (Athich ACORD 401, fulditional Resnaths Genodule, if more apace is recplred) CANCELLATION CERTIFICATE HOLDER Okaloosa County Airports Davad Miner 1701 State Eqlan Air Force Bas, Road G5 N FL 32542 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES GE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN | ACCORDANCE WITH THE POLICY PROVISIONS. ‘ AUTHORIZED REPRESENTATIVE RS ery / TMA ~ Julie Mo ACORD 25 (2010/08) INS025 cecices a4 © 1989-2070 ACORD CORPORATION. All rights reserved, : The ACORD name and logo are reyistered marks of ACORD DATE (MMIDDIYYYY) a ACCORD EVIDENCE OF COMMERCIAL PROPERTY INSURANCE 7/23/2013 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. CONTACT SERSON AND ADDRESS (AG No Ext): ( 850 ) 521-3075 COMPANY NAME AND ADDRESS NAIC NO: Southern Financial Insurance Group 2255 Killearn Center Boulevard PO Box 15913 Lioyd's of London Tallahassee FL 32317-5913 FANS. Noy: (888) 245-6450 EMAIL .¢, info@southernfig.com IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH CODE: | SUB CODE: POLICY TYPE AGENCY i AGENCY ER IDg, 00009399 Commercial Property NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER Resort Development of Destin, Inc AS25012FLP00552 15000 Emerald Coast Pkwy EFFECTIVE DATE EXPIRATION DATE : CONTINUED UNTIL Destin FL 32541 09062012 09062013 TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION (Use REMARKS on page 2, if more space is required) BUILDING OR CJ BUSINESS PERSONAL PROPERTY LOCATIONIDESGRIPTION 100 Airport RD Lot #2 Block 6 Destin, FL 32541 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE