Okaloosa County BOCC — February 4, 2014 — ECA Amendment 5

SIVED-OCT4 4.7008. CONTRACT & LEASE INTERNAL COORDINATION SHEET — fo-tl Ls Contract/Lease Number: £. OF oD 33S" -f r Tracking Number: 15 9-f mmm mane Contractor/Lessee Name: Ase PX twee dhe. Emon Grant Funded: YES___ NO» J Const” Avloyl a~ Purpose: Chews.c, Paes Atte 6a. 4! aalttcs Date/Term: _fae b= Bae a> 1. (1) GREATER THAN $80,000 Amount: 2, [[] GREATER THAN $25,000 Department: fiirye vte 3. BY $25,000 OR LESS Dept. Monitor Name: Hormans/ wey Document has been reviewed and Includes any attachments or exhibits, Derte: iolts i, 4 Purchasing Review Risk Management Review County Altomey Review County Atforney Following Okaloosa County approval: Contract & Grant Doaument has been received: Date: Contracts & Grants Manager AMENDMENT NUMBER FIVE LEASE AND LICENSE AGREEMENT AERO FX, INC. d.b.a. EMERALD COAST AVIATION This AMENDMENT is entered into effective this day of , 2013, by and between OKALOOSA COUNTY, FLORIDA, a political subdivision of the State of Florida, (hereinafter referred to as LESSOR) and AERO FX, INC., d.b.as. EMERALD COAST AVIATION, (hereinafter referred to as LESSEE). WITNESSETH: WHEREAS, Aero FX, Inc. d.b.a. Emerald Coast Aviation entered into the original lease no. L08-0335-AP30 effective January 1, 2009, Amendment Number One effective July 13, 2010, and Amendment Number Two effective August 3, 2010, Amendment Number Tree effective June 19, 2012, and Amendment Number Four effective March 19, 2013. WHEREAS, this Amendment Five shall be subject to the terms, covenants, conditions, and agreements to be kept, performed and observed by LESSEE as stipulated in the original lease agreement and amendments not otherwise amended in this amendment. THEREFORE, the LESSOR and LESSEE, each in consideration of the agreement to be performed by the other, do hereby agree as follows: SECTION 1: The Risk Management Department reviewed the insurance limits and is changing Acro FX, Inc., d-b.a. Emerald Coast Aviation limits to the following: Airport or General Liability (Premises) $5,000,000 Products (Fuel Sales) $5,000,000 Completed Operations (Maintenance) $2,000,000 Hangarkeepers Legal Liability $1,000,000 per aircraft $2,000,000 per occurrence Environmental/Storage Tank Liability $5,000,000 Business Automobile $1,000,000 All other information in Section 17 remains the same. SECTION 2: This AMENDMENT NUMBER FIVE consists of the following: Sections | — 2. It constitutes this entire Amendment of the parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written instrument duly executed by LESSOR and LESSEE. (The remainder of this page intentionally left blank) IN WITNESS WHEREOF, the parties hereto have executed these presets as of the day and year first written. JONATHAN DUNN, PRESIDENT AERO FX, INC. dba EMERALD COAST AVIATION ATTESTS: Cri prda WITNESS BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA DON R. AMUNDS CHAIRMAN ATTEST: GARY J. STANFORD DEPUTY CLERK OF CIRCUIT COURT OKALOOSA COUNTY, FLORIDA ACKNOWLEDGEMENTS STATE OF FLORIDA COUNTY OF OKALOOSA Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared JONATHAN DUNN 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 /7 Hy day of A/evenh2¢ _, 2013, A.D. “TOMMY L RIMKUS mw, . MY COMMISSION #FFO19743 LA Pwo» EXPIRES August 31, 2017 FloridaNotaryService.com NOTARY My commission expires: cg uy 3 vA 2037 DATE (MM/DD/YY YY) —7 » ACORD CERTIFICATE OF LIABILITY INSURANCE 12/02/2013 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 CoMeer Eastern Aviation Services, LLC ° FAX 3070 Five Forks Trickum Road (AIC, No): Lilburn, GA 30047 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: QBE Insurance Corporation 39217 INSURED INSURERB : Aero FX, Inc., Fuel FX, Inc., and Contract FX, Inc. dba Emerald Coast Aviation INSURER ¢ : 5545 John Givens Road INSURER D : Crestview, FL. 32539 INSURERE : 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. INSR ADDL|SUBR POLICY EFF LTR TYPE OF INSURANCE INSR | WVD POLICY NUMBER (MM/DD/YYYY) (MDD YYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $25,000,000 DAMAGE TO RENTED A x COMMERCIAL GENERAL LIABILITY Y QAV0000838 11/30/2013 | 11/30/2014 PREMISES (Ea occurrence} $100,000 ‘| CLAIMS-MADE OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY _| $25,000,000 GENERAL AGGREGATE Not Applicable GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - GOMP/OP AGG | $25,000,000 POLICY FRO. Loc HANGARKEEPERS $1,000,000 / $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Se aecident) $ ANY AUTO BODILY INJURY (Per person) | $ ALL OWNED SCHEDULED ; AUTOS AUTOS BODILY ee $ “OWNED PROPERTY DAMA HIRED AUTOS AUTOS (Per accident) § $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED | | RETENTION $ $ WORKERS COMPENSATION WG STATU- OTH- AND EMPLOYERS’ LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E,L, EACH ACCIDENT $ OFFIGER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE] $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT | $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The Certificate Holder is included as an additional insured as respects operations of the Named Insured. Coverage is primary and non-contributory to any other insurance available to the Certificate Holder. The Certificate Holder will be provided with thirty (80) days (ten (10) days if for non-payment of premium) notice of cancellation. The coverage includes On Airport Auto Liability Limit at $25,000,000 each occurrence. The coverage includes Contractual Liability, Independent Contractors Liability, and Excess Auto Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE enaleosa co aed 1 Str THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Crostui ort EL 0536 ACCORDANCE WITH ye pols PROVISIONS. restview, Oger . AUTHORIZED REPRESENTATIVE . QBE Insurance Corporation | © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ACORDs provided by Forms Boss. www.FormsBoss.com; (c) impressive Publishing 800-208-1977 | CERTIFICATE OF LIABILITY INSURANCE OP ID: CR DATE (MMIDDIYYYY) 12/10/2012 EMERA-1 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 INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED certificate holder in lieu of such endorsement(s). IMPORTANT: [f 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 Aero FX, Inc. dba PRODUCER CONTACT Eastern Aviation Ins. Servs. PHONE FAX 3070 Five Forks Trickum Road (AIC, No, Ext): (AIC, No): P.O. Box 1534 E-MAIL Snellville, GA 30078 ADDRESS: Terry M. Britt INSURER(S) AFFORDING COVERAGE NAIC # INSURER A; Granite State Insurance Co. INSURED Emerald Coast Aviation INSURER 8: Praetorian Insurance Company 5545 John Givens Road INSURER C: Crestview, FL 32539 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS {S§ 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. linSR ADDL BUBR POLICY EFF. | POLICY EXP LTR TYPE OF INSURANCE INSR |wvD POLICY NUMBER (MMIDDIYYYY)_|(MM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) _| $ | CLAIMS-MADE “OCCUR MED EXP (Any one person) —_| $ PERSONAL & ADVINJURY | $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG | $ POLICY FRO LOC $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000) A ANY AUTO 02-CA-019047925-1/000 06/26/2013 | 06/26/2014 | BODILY INJURY (Per person) | $ ALL OWNED |_| SCHEDULED BODILY INJURY (Per accident) | $ - NON-OWNED PROPERTY DAMAGE X | HIRED AUTOS AUTOS (PER ACCIDENT) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED | RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN TORY LIMITS ER B_ | any PROPRIETOR/PARTNER/EXECUTIVE iAWC0500165 11/30/2013 | 11/30/2074 | £1. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? [| NIA (Mandatory in NA) E.L. DISEASE - EA EMPLOYEE] $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT | $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION OKALOOS Okaloosa County 602-C North Pearl Street Crestview, FL 32536 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Terry M. Britt ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NTEGR integro Insurance Brokers Two Financial Center Building, 66 South Street, Suite 800 Boston, MA 02171 CERTIFICATE OF INSURANCE Named Insured: World Fuel Services Corporation 9800 NW 41* Street Miami, FL 33178 Period of Insurance: April 15, 2013 to April 15, 2014 at 12:01am Eastern time on both days Insurance Carrier(s): | Chartis Aerospace Policy No. PL00339 1673-12 and other insurers each for their own share and not for that of other participants. Description of Coverage: Only as respects FBO dealers for the Named Insured Products Liability solely with respect to the sale of fuel and lubricants provided by the Named Insured Limit of Coverage: $75,000,000 per occurrence and in the annual aggregate Combined Single Limit for Bodily Injury and Property Damage Excess of Underlying Limits purchased by the Certificate Holder being not less than: Aviation General Liability including Products and Completed Operations Liability with a limit of liability not less than $1,000,000 per occurrence and in the annual aggregate Combined Single Limit for Bodily Injury and Property Damage. Such excess coverage shall not apply with respect to a primary limit greater than Combined Single Limit Bodily Injury and Property Damage $250,000,000 any one occurrence and in the annual aggregate Special Provisions: Excess Liability Insurance coverage provided to the FBO dealers by this certificate applies only with respect to the sale of fuel and lubricants provided by the Named Insured. Should any of the policies described herein be canceled before the expiration date thereof, the insurer affording coverage will endeavor to mail 30 days written notice (or lesser period for “war risks” coverage) to the Certificate Holder named herein, but failure to mail such notice shall impose no obligation or liability of any kind upon the insurer(s) affording coverage, its agents or representatives. The above-described coverages are subject to all policy declarations, insuring agreements, terms conditions, limitations, exclusions, deductibles, wairanties and endorsements. The Insurance Carriers indicated above have authorized the undersigned to issue this Certificate on their behalf as a matter of convenience only, Integro USA is not an insurance carrier and has no liability of any sort whatsoever under the above policies as an insurer or as a result of issuing this documentation. This Certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein, This Certificate cancels and supersedes any Certificates previously issued to Certificate Holder as respects any contract, agreement, aircraft, risks, coverage or other data contained herein, Certificate Holder: - Crystal Boyles an EMERALD COAST AVIATION c Joan . AL. 5545 John Givens Road - - a oo Crestview, FL 32539 ; “A Senior Vice President December 6,, 2013 Integro Insurance Brokers Cert. No. WFSXS 1314 8 Dave Miner From: Gary Real Sent: Thursday, January 16, 2014 3:31 PM To: Dave Miner Subject: RE: Certificate of Insurance They look good Gary R. Real Risk Manager, Okaloosa County Florida 850-689-5979 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. From: Dave Miner Sent: Thursday, January 16, 2014 2:11 PM To: Gary Real Subject: FW: Certificate of Insurance Mr. Real: Have you had a chance to review ECA certificates of insurance? Dave From: Dave Miner Sent: Thursday, January 02, 2014 9:27 AM To: Gary Real Cc: Mike Stenson Subject: FW: Certificate of Insurance Mr. Real: Please let me know if Emerald Coast Aviation has the correct coverage for their amendment. Dave From: Dave Miner Sent: Friday, December 06, 2013 10:49 AM To: Gary Real Cc: Mike Stenson Subject: FW: Certificate of Insurance Mr. Real: Emerald Coast Aviation sent me the attached CO] today. Please include this COI in your review and let me know if they have the correct coverage so | can schedule their amendment to be approved by the Board. Thank you. Dave From: Dave Miner Sent: Tuesday, December 03, 2013 11:37 AM To: Gary Real Cc: Mike Stenson Subject: FW: Certificate of Insurance Mr. Real: | sent Emerald Coast Aviation an e-mail requesting their new certificates of insurance for the new coverage’s and they sent me the two attachments. Please review and let me know if they have the correct coverage so | can schedule their amendment to be approved by the Board. Thank you. Dave From: Dave Miner Sent: Wednesday, November 27, 2013 11:34 AM To: Jonathan Dunn Cc: ‘Crystal Boyles'; Mike Stenson Subject: Certificate of Insurance Good Morning: The certificate of insurance that | have on file has the following coverage’s: General Liability 2M EXP: 11-30-13 Automobile 1M EXP: 06-26-14 Workers Comp 1M EXP: 11-30-13 Property NL EXP: 06-26-13 The new amendment calls for the following coverage: Airport and General Liability 5M Products (Fuel Sales) 5M Completed Operations (Maintenance) 2M Hangarkeepers Legal Liability 1M per Aircraft 2M per occurrence Environmental/Storage Tank Liability 5M Business Automobile 1M Please submit a new certificate of insurance so | can get the amendment on the agenda for Board approval. Thank you and Happy Thanksgiving. 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."