Okaloosa County BOCC — February 11, 2013 — Destin Landings lease agreement, certificate of insurance and internal coordination sheet — reading text

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 the Contracts and Lease 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: Destin Landings, Inc., Michael Mosing, 115 Wembley Road, LaFayette, LA 70503-3568. 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 VI 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 7 Lot 4: 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 S.38°00’00”E. (Basis of Bearings) along the East line of said Lot 35 for a distance of 23.95 feet; Thence departing said East line proceed N.52°00’00”E. for a distance of 39.12 feet to a capped ¥2” iron rod stamped LB #7350 and the Point of Beginning; Thence N.38°00’00”W. for a distance of 68.25 feet to a capped 2” iron rod stamped LB #7350; Thence N.52°00’00”E. for a distance of 60.05 feet to a capped %” iron rod stamped LB #7350; Thence S.38°00’00”E. for a distance of 68.25 feet to a capped 4” iron rod stamped LB #7350; Thence $.52°00’00”W. for a distance of 60.05 feet to the Point of Beginning. Parcel described contains 4098 square feet or 0.094 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. 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 fla hI Ta. id \ DESTIN LANDING : MICHAEL MOSI V WITNESS STERMED E. SEARCY Pil nan Cacti v ~~ WITNESS 4 P Lara (mei? 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 MICHAEL MOSING 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 77 day of Melt, , 2013, AD. OYE 7, GOURTOIS NOTARY PUBLIC NO. 90820 STATE OF LOUISIANA PARISH OF LAFAYETTE My Commission Is for Life 10 ; RECEIVED Mav? > 20d H- avian CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number:_ AO8~ 032 7-Ap Tracking Number: IAY-] 2- { Contractor/Lessee Name: He st’ a Land A494 s q Purpose: Renewal fo avr Leese DateTerm: Mey /5,2o BS , [_] $10,000 OR LESS # Vv Amount: Al 4).¢O a Yrev t-pax Department : f uw P? rts Dept. Monitor Name: P£GREATER THAN $10,000 dav 0 PAL wey Purchasing Review Procurement requirements are met; ea oy, Date: // Vz a alt Z. cts/Lease Coordinator (\ Risk Management Review Approved i$ten; Aft Date: bff Risk Management Director County Attorney Review Date: _f af ( 3/2 Colknty Attorney Se Following Okaloosa County Board of County Commissioners approval: Contract & Grant Review Document has been appropriately reviewed and is executable: Date: Contracts & Grants Manager REVISED BY BCC 3-21-00 ACORD? CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIVYYY) 04/26/2012 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 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 (NSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED certificate hotder in tieu of such endorsemont(s). IMPORTANT: ff 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 PRODUCER 281-540-8822 281-540-8222 eat Falcon Ins Agency of Houston Ing, Falcon Ins Agency of Houston Inc. TAG Wo, Ext), 281-540-8822 fae, Noy, 281-540-8222 19747 Hwy 59N Ewa ss, akingman @ falconinsurance.com Suite 314 Ghstosen ing, DESCO4H _ Humble, TX 77338 |... .. ... INSURER{S) AFFORDING COVERAGE wove foe NACH INSURED 337-984-8279 Michael Mosing wsurer A: LEXINGTON INSURANCE COMPANY. _ Destin Landings, Inc. INSURER B : 115 Wembley Road INSURER C: oe ee Lafayette, LA 70503 INSURER D : ee INSURER E : ae vue ee ee ee INSURER F 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 DESCRISED HEREIN !S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIO CLAIMS. WSR TYPE OF INSURANCE ft POLICY NUMBER EMGONYYTY) | (RMIDDNYYYD LIMITS GENERAL LIABILITY JY EacHOCccuRRENcE 1 $: 1,000,000.___ | A [¥/ | commencus Generar uasitity PReMBES esommeny |S EXCLUDED | | CLAIMS-MADE OCCUR MED EXP (Any ona person) 1 $ § 000 . | ot. 41-LX9270303-07 05/04/2012 | 05/04/2013 | persona saovinsury | s EXCLUDED. |. . GENERAL AGGREGATE $2,000,000, ____| GENL AGGREGATE LIMIT APPLIES PER: : PRODUCTS -COMPIOPAGG |SEXCLUDED | ¥ |poucy| | 58S Loc HangarKeepers _|$ EXCLUDED [ AUTOMOBILE LABILITY COMBINED § sncieunat | < L_..j ANY AUTO BOOILY INJURY (Per person) | $ |__| ALL OWNED AUTOS GOUILY INJURY (Per oeagenn| § ro |__| SCHEDULED AUTOS PROPERTY DAMAGE |__| WRED autos (Per accident) s |__.} NON-OWNEO AUTOS a $ : ; _ | | UMBRELLAUIAB =| OCCUR EACHOCCURRENCE [S$ EXCESS LIAB CLAIMS-MADE AGGREGATE Is. |_| o€oucnete _ _ ds WORNERS COMPENSATION we : AND GMPLOYERS' LIABILITY YIN | lieertrs! (Set __ OFICERMEMAER EXCLUDED? | |[INZA E.L_EACH ACCIDENT § —— (Atancdatory tn KX) E.L_ DISEASE - CA EMPLOYEE] $ . _ DESCRIPTION OF OPERATIONS below E.L_DISEASE . POLICY UMIT | § FL 32541. DESCRIPTION OF OPERATIONS | LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, i more space is required) Hangar locations: (1) 1001 Airport Road Destin B7L4, FL 32541; (2) 1001 Airport Road, Hangar 10 Destin, CERTIFICATE HOLDER CANCELLATION Okaloosa County Attn: Greg Donovan, A.A.E. 602C N. Pearl Street Crestview, FL 32536 Fax: