Okaloosa County BOCC — August 24, 2013 — Delta Air Lines' Second Amendment_Internal Coordination Sheet_Certificate of Insurance — reading text

fad el} ov: CONTRACT & LEASE INTERNAL COORDINATION SHEET LOO-O1fO-AP Contract/Lease Number: Tracking Number: 84-13 Contractor/Lessee Name: DATA A iRLIN ES Grant Funded: YES__ NOW, wi —— Purpose: 2 ~ Amew 0. to DELETE SPACE Date/Term:__ N/A 1. [A-GREATER THAN $50,000 amouse _.o/* 2. (1 GREATER THAN $25,000 Department: AIRPORTS 3, (1 $25,000 or Less Dept. Monitor Name: ew Yio @QIS F EXT loos /D. Willen Document has been reviewed and includes any attachments or exhibits. Purchasing Review Procu requirements are met: — A ZZ Date: 2/2. 243 Purch&sing Director or designee Risk Management Review “A: Ft Date: _“4/Z Risk/Manager or designee Counly Attorney Review Date: County Attorney \ Following Okaloosa County approval: Contract & Grant Document has been received: Date: Contracts & Grants Manager SECOND AMENDMENT TO AMENDED AND RESTATED SIGNATORY AIRLINE OPERATING AGREEMENT AND TERMINAL BUILDING LEASE This second amendment ("Amendment") to the Amended and Restated Signatory Airline Operating Agreement and Terminal Building Lease by and between Okaloosa County, Florida ("County") and Delta Air Lines, Inc. ("Airline"), a corporation doing business under the laws of the State of Delaware, is entered into this day of , 2013. WITNESSETH: WHEREAS, County and Airline have heretofore entered into an Amended and Restated Signatory Airline Operating Agreement and Terminal Building Lease ("Agreement") for the use of Northwest Florida Regional Airport ("Airport"), the lease of space within the Terminal Building of the Airport, and the payment of Rentals, Fees and Charges for Airline's use of the Airport and lease of space; and WHEREAS, the Agreement was for an initial term commencing October 1, 2010 and expiring September 30, 2013; and WHEREAS, County and Airline have heretofore amended and extended the term of this Agreement for an additional 3-year term commencing October 1, 2013 and expiring September 30, 2016; WHEREAS, County and Airline desire to further amend the Agreement by deleting certain space from the Leased Premises under the Agreement effective October 1, 2013; NOW, THEREFORE, the parties hereto for and in consideration of the mutual covenants contained herein and in further consideration of the terms, conditions and covenants of the Agreement hereby further amend the Agreement as follows: 1. Pursuant to and in accordance with Section 3.06, Paragraph C of the Agreement, the County consents to Airline's request to delete the 1,725 square feet of maintenance space it currently leases for use by its Affiliate, Atlantic Southeast Airlines Inc. County and Airline hereby agree that the aforesaid maintenance space, which is depicted as part of Airline's Leased Premises on Exhibit C and listed as part of Airline's Leased Premises on Exhibit E to the Agreement, shall be deleted from Airline's Leased Premises under the Agreement effective October 1, 2013. 1 of 4 2. All other terms and conditions of this Agreement, as extended and amended, shall remain in effect, unamended, for the extended, additional term provided for in the First Amendment to this Agreement. IN WITNESS WHEREOPF, the parties hereto have executed these presents as of the day and year first above written. ATTESTS: Gary J. Stanford, Deputy Clerk of Circuit Court Qh llaide ) V Jan M. Davidson Assistant Secretary CORPORATE SEAL: BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA BY: Don R. Amunds Chairman DELTA AIR LINES,INC. ?: é ff Ny BY: (% David Ham Managing Director - Corporate Real Estate 2 of 4 ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF OKALOOSA Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared DON R. AMUNDS, Chairman, and GARY J. STANFORD, Deputy Clerk, Board of County Commissioners of Okaloosa County, Florida, and they respectively acknowledge executing and witnessing the foregoing instrument freely and voluntarily under authority duly vested in them by said COUNTY and STATE, and that the seal affixed thereto is the true seal of said COUNTY. SWORN AND SUBSCRIBED before me this day of 2k: NOTARY My commission expires: 3 of 4 ACKNOWLEDGMENT STATE OF GEORGIA COUNTY Of FULTON Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared DAVID HAMM, Managing Director - Corporate Real Estate, and Qn |avidson, Asst Secretary , who under oath depose and say that they are respectively the duly authorized representatives of DELTA AIR LINES, INC. to execute and witness contracts and lease agreements on behalf of said Airline, and that they respectively acknowledge executing and witnessing the foregoing instrument for the uses and purposes contained therein. MS aay o SWORN AND SUBSCRIBED before me this ~~ __day of ; got , 2013. ity 4 SSA, Ga, - NOT jpsition a's LW? Live = My commission expires: _/o% / Zi /s Ole 4 of 4 MARSH & MCLENNAN COMPANIES 121 River Street Waterfront Corporate Center Hoboken, NJ 07030 Phone: 201-284-6137 Fax; 201-284-4909 E-Mail: Robert.J.Watkins@marsh.com ASD) oO Marsh & McLennan Companies CERTIFICATE OF INSURANCE | (Sometimes referred to herein as “this Certificate”) Subject to all of the below referenced Policy(ies) declarations; insuring agreements, conditions and exviigions (including but not limited to limits of liability, deductibles, warranties and/or endorsements contained therein) (hereinafter, the “Policy(ies)’ Terms”), this is to certify to: Okaloosa County Attn: Mr. David E. Miner 602C North Pearl Street . Crestview, FL 32536 . (Sometimes referred to herein as “the Certificate Holder(s)”) that the Insurers referred to below, each for rel own part.and. not one for the other, are providing the following insurance: . ow et tg B at NAMED INSURED(S):. 4 E thes: Comair, Inc.: DAL Global Services, Lcd Regional Elite Airline ‘Services, LLC; Epsilon Trading LLC (hereinafter the "Named Insured(s 3") NAMED INSURED(S)’ ADDRESS: c/o ‘Delta Lines, Inc., Risk Management Department 858, 1030 Delta Boulevard, Atlanta, GA 30320 (hereinafter, the’ ‘Named insureds) Address") fe 2013: on both dates at 12: 01 AM local time in effect at the POLICY PERIOD: December 21, 2012: 6 pe Named Insured(s)’ Address ane ellarie the “Policy Pe POLICY(IES) (hereinafter, the «Policy(ies)"VINSURERS thorethafter, “Insurers”)IPOLICY NUMBERS: - A Schedule of Policy(ies), Insurers and Policy Numbers is available on'the web at: https://connectv7.mercer.com/eRoom/MarshNA/AviationExt Then, when prompted, please enter (please note “Name” and “Password” are case-sensitive): - Name: DELTA-COMAIR: Password DLCANWA8GA " FOR INFORMATIONAL PURPOSES ONLY: This site also contains the Named Insured(s)' most current certificate of ~~ insurance from: the FAA regarding the Named Insured(s)’ war risks insurance. Any | Learnt thereof will be posted to the ' site as soon_as we receive same from the Named Insured(s). SEVERAL LIABILITY NOTICE . The subscribing Insurers’ obligations under contracts of insurance to which they subscribe are several Ind not joint and is limited solely to the extent of their individual subscriptions. The subscribing Insurers are not responsible for the’ subscription of any co-subscribing insurer who for any reason does not sane all or part of its obylgationss _LSW 1004 ce (Insurance) GEOGRAPHICAL LIMITS: Worldwide. * DESCRIPTION OF ‘CONTRACT(S) TO WHICH THIS CERTIFICATE APPLIES: Lease Agreernent L01-0175-AP 1 -49 between Okaloosa County and Delta Air Lines, Inc. (hereinafter; the “Contract(s)"), DESCRIPTION OF EQUIPMENT TO WHICH THIS CERTIFICATE APPLIES: Any aircraft owned or operated by the - Named Insured. (hereinafter, the “Equipment’). 1 CERTIFICATE No. DAL_APT_09_10_257 12°27-1 PAT 227 RCVD MARSH & McLENNAN | COMPANIES Summary of some of the more significant insurance coverage(s), limit(s Ss) Policy(ies) of liability and deductible(s) of the LIMIT(S) OF LIABILITY - INSURANCE COVERAGE(S) NOTE: AGGREGATE LIMITS WILL BE DEDUCTIBLE(S) REDUCED DUE TO PAID CLAIMS _ WITHOUT FURTHER NOTICE TO THE ~* CERTIFICATE HOLDER(S) Airline Liability Insurance including, | Combined . single limit (bodily. injury, | US$3,000. (or tariff, inter alia, bodily injury liability, property | property . “damage,” personal . injury | whichever is greater) each and every claim as respects damage liability, passenger liability, bersonal injury liability, products and completed operations _ liability, hangarkeepers’ liability, | grounding liability, premises liability, dram shop liability/liquor liability, cargo liability _(excess ‘of a US$5,000,000 per occurrence primary limit) and excess public ¢ automobile liability. Coverage includes lability arising ait of the use by: the Named Insured(s) of any _premises owned, leased or occupied by -| the Named Insured(s) which relate to ‘| the. .Named . Insured(s)’ _. airline opérations. Care Coverage includes liability arising ‘out of the use by the Named Insured(s) of any automobile or _ mobile equipment operated by the Named Insured(s) while on restricted airport premises. : -legal’ liability, baggage liability, contractual (passenger only) US$200,000,000 . one occurrence/offense and in the annual aggregate as respects products and completed operations _ liability and personal injury liability (passengers only), subject to the following sublimits which are included within and not in addition to the limit set forth above: Grounding liability; Us$25, 000, 000 any one occurrence, any one offense, and in the annual aggregate; Personal injury liability (to third “parties | other than passengers): US$25,000,000 one occurrence, any one offense, ang in}. . . the annual aggregate; © Excess public “automobile. liability: US$25,000,000° any one occurrence and in the annual aggregate where applicable excess of underlying primary limits of not less than.. 2 USP 000,000..:. any. ;one occurrence,. any |. | baggage liability. CERTIFICATE No. DAL_APT_09_10_257 MARSH & MCLENNAN ) COMPANIES SPECIAL PROVISION(S) The following Special Provision(s) only apply(ies) to: . (i) the Insurance Coverage(s) noted above, (ii) the Gontract(s) and only to the extent. of. the insurance requirements and/or. the. Named Insured(s)’ indemnity obligations under the Contract(s), subject fo all of the Policy(ies)’ Terms applying, (iii) the Equipment (if applicable) and (iv) the operations of the Named Insured(s): sn Eee poe i re eee epee afc | included ditional insured(s) ( 1 the "Additional onal interest. ; Solely as respects airline liability insurance: Okal is/are ii Insured(s)”) as their respective interests may appear, warranted no operati Solely as respects airline liability insurance: In the event of cancelaltion of the Policy(ies) (for a including non payment of premium) by Insurers or adverse material change of the Policy(ies) by Insurers, Insurers agree that such cancellation or change shall not be effectve as to the Additional Insured(s) until thirty (30) days after issuance of notice to the Certificate Holder(s) (through Marsh & McLennan Companies ) at the address(es) shown on.the first page of this Certificate. a ; If this Certificate (which for the purposes of this and the next paragraph only also includes any Broker Letter issued in connection with this Certificate) contain(s) provision(s) to give. notice of certain events (as undertaken by us in this Certificate) (“Events”) . to the Certificate Holder(s) and if those Events occur with respect to the Policy(ies), said notice(s) will be sent to the Certificate Holder(s) at the address(es) shown on the first page of this Certificate. Because this Certificate initially may be transmitted via electronic mail or means other than the U.S. Postal Service, if there is/are no address(es) shown above or if the address(es) shown: above is/are incomplete, out of date or incorrect, it is incumbent upon the applicable