Okaloosa County BOCC — May 17, 2016 — AOL Div Prom to Mr. Smith — reading text

CONTRACT & LEASE INTERNAL COORDINATION SHEET Com‘rccT/Leqse Number:L @ 8" 7)3‘4 O/A/p Tracking Number: |7 Lfiq'l b Contractor/Lessee Name: [)ivesrs l’fi) ed p/OMO’H@’lS Grant Funded: YES__ NO& Purpose: s |8 n M&/L+ @4 Lense Date/Term: 7= 1= 2020 1. [ GREATER THAN $50.000 amount:# 5 5 p&", 50 _enn (Mtflj {’/‘*5 fax 2. [[] GREATER THAN $25,000 Department: fir‘\b”uf) s 3. [ $25,000 OR LESS Dept. Monitor Name: S+Q@J/@ ///( ;G@V Document has been reviewed and includes any attachments or exhibits. Purchasing Review Pr regnent requirements are met: ' Pur‘c‘fiosing Director or designee Risk Management Review Approved as written: N QRIS oore:_4 (851 Risk Monogerfdr designee County Altorney Review , ApPrved ~S2E Lungu QJWM W Date: Approved as wriften: County Attorney , Mo QS-, 20/ : { ! Following Okaloosa County approval: Coniract & Grant Document has been received: Date: Confroc’rs & Grants Manager Melissa Weisser A R R N PSRN L NSNS B From: Parsons, Kerry <KParsons@ngn-tally.com> Sent: Monday, April 25, 2016 1:14 PM To: Dave Miner; Melissa Weisser Cc: Lynn Hoshihara; Stephanie Herrick Subject: RE: Diversified Promotions Assignment of Lease Approved for legal sufficiency. From: Dave Miner [mailto:dminer@co.okaloosa.fl.us] Sent: Monday, April 25, 2016 10:42 AM To: Parsons, Kerry; Melissa Weisser Cc: Lynn Hoshihara; Stephanie Herrick Subject: RE: Diversified Promotions Assignment of Lease Ms. Parsons: Changes accepted but | have a question. | thought we had to include the new public records wording in all new amendments? If this was deleted because of contractor, | can add the public records wording for a lease if you would like me to. Thank you. Dave From: Parsons, Kerry [mailto:KParsons@ngn-tally.com] Sent: Friday, April 22, 2016 1:56 PM To: Melissa Weisser Cc: Lynn Hoshihara; Dave Miner Subject: RE: Diversified Promotions Assignment of Lease Please see my attached revisions to the assignment and lease amendment, Thank you, Kerry From: Melissa Weisser [mailto:mweisser@co.okaloosa. fl.us] Sent: Tuesday, April 19, 2016 3:05 PM To: Parsons, Kerry Cc: Lynn Hoshihara Subject: Diversified Pramotions Assignment of Lease Good afternoon, Attached is an Assignment of Lease and Amendment for L08-0347-AP. | attached the Lease that is in our files as well. | did not see a link to send you. Please review so that this can go to the Board for approval. Thank you! Respectiully, Melissa Weisser Purchasing Specialist Okaloosa County Purchasing Department 5479A Old Bethel Road Crestview, Florida 32536 & (850) 689-5960 Fax: 850-689-5970 mweisser@co.okaloosa.fl.us Please note: Due to Florida's very brood 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 e-mail communication, including your emafl address, muy be subject to public disclosure and public record retention reguirements. Dave Miner From: Laura Porter Sent: Friday, April 29, 2016 8:07 AM To: Dave Miner Subject: RE: Assignment of Hangar Lease COI Yes. Ia’ura gjorter Risk Manager Okaloosa County Board of County Commissioners (850) 689-5977 Fax: (850) 689-5973 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, April 28, 2016 2:24 PM To: Laura Porter Cc: Stephanie Herrick Subject: RE: Assignment of Hangar Lease COI Ms. Porter: Mr. Smith has changed his COl's, please review and let me know if they comply with the lease requirements. Thank you. Dave From: Laura Porter Sent: Wednesday, April 27, 2016 5:02 PM To: Dave Miner Cc: Stephanie Herrick Subject: RE: Assignment of Hangar Lease COI The COI does not list Okaloosa County as an additional insured; otherwise the coverage meets the contract requirements. Iaura gjorter Risk Manager Okaloosa County Board of County Commissioners (850) 689-5977 Fax: (850) 689-5973 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: Wednesday, April 27, 2016 4:21 PM To: Laura Porter Cc: Stephanie Herrick Subject: Assighment of Hangar Lease COI Ms. Porter: Mr. Robert Smith is purchasing the Diversified Promotions hangar which has already been coordinated on. |just received his COl's today. Please review and let me know if his COl's are in accordance with the lease. 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 ASSIGNMENT OF LEASE AND FIRST AMENDMENT TO LEASE L08-0347-AP DIVERSIFIED PROMOTIONS HANGAR LEASE AT THE DESTIN EXECUTIVE AIRPORT This Assignment of Lease and First Amendment made and entered into this day of -, 2016, hereby approves of the assignment between Diversified Promotions (hereinafter “Lessee”) and Robert A. Smith (hereinafter “Assignee”), and further amends lease L08-0347-AP (“Lease Agreement”), dated September 19, 2008, by and between Diversitied Promotions, and Okaloosa County, Florida through its Board of County Commissioners (hereinafter the “County”). WITNESSETH: WHEREAS, on September 19, 2008, Lessee entered into a Lease Agreement, L08-0347- AP with the County for Hanger Space at the Destine Executive Airport with a current expiration date of July 11, 2020 ; and WHEREAS, Lessee now desires to assign its interest in L08-0347-AP to Assignee, and in accordance with Section 14 of the Lease Agreement, Lessee is required to obtain the County’s consent prior to assigning its interest; and WHEREAS, in accordance with Section 14 of the Lease Agreement County now desires to amend the Lease agreement to incorporate a new lease payment, and additional terms. NOW THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the executing parties consent to and agrees to the following; L CONSENT TO ASSIGNMENT 1. The County hereby consents to the assignment of the Lease by Lessee to Assignee in accordance with Section 14 of the Lease Agreement. 2. Assignee by execution of this Assignment of Lease and First Amendment, and in consideration of consent by the County of the same, is bound by all terms of the Lease Agreement as may be amended from time to time and does hereby assume all responsibilities, duties, obligations, rights, and privileges as set forth in the original lease, supplemental agreements, and assignment of leases. 1I. AMENDMENT TO THE LEASE AGREEMENT FURTHERMORE, L08-0347-AP is hereby amended as follows: 3. Section 6 of the Lease Agreement is hereby amended to read: Lessee shall pay in advance an annual ground lease fee established by an independent appraisal. The fee shall be adjusted in accordance with Section 7. The ground lease and applicable sales tax will be billed annually, in advance, and is payable to Okaloosa County, Okaloosa County Airports, 1701 State Road 85 North, Suite 1, Eglin Air Force Base, Florida, 32542-1498. The lease includes TWO THOUSAND TWO (2,002) square feet at TWO DOLLARS AND SEVENTY FIVE CENTS (82.75) per square foot per year for a total annual cost of FIVE THOUSAND FIVE HUNDRED FIVE DOLLARS AND FIFTY CENTS ($5.505.50) plus tax. 4. Section 18c of the Lease Agreement 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. 5. Section 19 of the Lease Agreement 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 Lessee is: Robert A. Smith, P.O. Box 846, Starkville, MS 39760. 6. The Lease Agreement is further amended to incorporate the following provision: Section 32. Taxes & Assessments 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 Agreement. 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. 7. All other provisions of the Lease Agreement shall remain in full force and effect through the duration of the Lease term. (The remainder of this page intentionally left blank) IN WITNESS WHEREOF, the parties hereto have executed this renewal and amendment as of the day and year first written. LESSEE 53&&% Q. c%’%w Sherry Dlofminy Date: Witness jflmgw vl %;’;‘ ASSIGNE Robeyt A. Smith Date! & 4,( ATTEST: }/\/\OA%M LJ C7§-L Wltness Wltness g \ OKALOOSA COUNTY Charles K. Windes, Jr., Chairman Date: ATTEST: 1.D. Peacock I, Clerk ACKNOWLEDGMENTS STATE OF f/;/y/ COUNTY OF ___ &y /a5 Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared SHERRY DORMINY who, under oath, deposes and says that she is authorized to execute contracts and lease agreements and that she executed the foregoing instrument for the uses and purposes contained therein. Sworn and subscribed before me this &2 é/day of ,%{,/ , 2016, AD. * WTARY WY COMMISSION # EE 184470 EXPIRES: July 12, 2016 : & Bonded Thry Notary Public Underwriters ; My Commission Expires: §| o ACKNOWLEDGMENTS STATE OF / S 1 COUNTY OF ‘7 S Lo A, Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appearcd ROBERT A. SMITH who, under oath, deposes and says that she is authorized to execute contracts and lease agreements and that she executed the foregoing instrument for the uses and purposes contained therein. Sworn and subscribed before me this ‘% % day of \flZ/ , 2016, AD. "“‘¢6;E:,.D.i.’.é§q° &v,u‘ ARYP(./ 6‘500 "Q{ {L Cévqaz . ID #5076 P LANDER MICHELLE WHITE .C % .Ommlsslon Expmm “Commission Expires: