Okaloosa County BOCC — March 4, 2014 — ECA Amendment 5 2-26-14

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 , 2014, 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.a. 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 Aero 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 1 — 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 WHEREOPF, the parties hereto have executed these presets as of the day and year first written. ae = JONATHAN DUNN, PRESIDENT AERO FX, INC. dba EMERALD COAST AVIATION WITNESS Lo Derahas S Com WITNESS BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA CHARLES K. WINDES, JR. 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 | ? day of Febivear Y. 2014, A.D. , DAVID EDWARD MINER 2 Notary Public - State of Florida it Me ss My Comm. Expires Nov 23, 2017 WS=eee Commission # FF 40599 ni Cred, LM y NOTARY My commission expires: - arr! 7 CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number:__2. 06-0 335 -ArP Tracking Number: G54 ~/4 Contractor/Lessee Name: f-}eruy Exe Toye chba Emo bn Funded: YES NO ye Cometh Fu Feber Purpose _()yepyer 0. oGretbhten eer od, Avr den Date/Term: Le] 90384 1, [~] GREATER THAN $50,000 Amount: 2. [7] GREATER THAN $25,000 Department: AP 3, LI $25,000 OR LESS Dept. Monitor Name: Pacman [Ment Document has been reviewed and includes any attachments or exhibits. Purchasing Review Procurement require: ent ay met: a A fy Date: a ~b ~/ va Sco Director or sh Risk Management Review Approved as written: LBS ¢ Cf Risk iMienager?z or designee Date: 2fafpd. a a, County Attorney Review sou 04 19[14 County Attorney Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager DATE (MM/DD/YYYY) — « 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 Ren eact Eastern Aviation Services, LLC FAX 3070 Five Forks Trickum Road (A/G, No): Lilburn, GA 30047 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: OBE insurance Cornoration 39217 INSURED INSURERB : Aero FX, Inc., Fuel FX, Inc., and Contract FX, Inc. dba Emerald Coast Aviation INSURER C : 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 AADDL/SUBR POLICY EFF LTR TYPE OF INSURANCE INSR | WVD POLICY NUMBER (MM/DD/YYYY) Dey LIMITS GENERAL LIABILITY AV0000838 EACH OCCURRENCE $25,000,000 al DAMAGE TO RENTED A X | COMMERCIAL GENERAL LIABILITY ¥ Q 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 - COMP/OP AGG | $25,000,000 POLICY FRO. Loc HANGARKEEPERS $1,000,000 / $2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT § ANY AUTO BODILY INJURY (Per person) j $ ALL OWNED SCHEDULED ; AUTOS AUTOS NED BODILY INJURY (Per accident) } $ : PROPERTY DAMAGE HIRED AUTOS AUTOS {Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB GLAIMS-MADE AGGREGATE $ DED | | RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH AND EMPLOYERS’ LIABILITY YIN TORY LIMITS EA ANY PROPRIETOR/PARTNERIEXECUTIVE NIA E.L. EACH ACCIDENT $ OFFIGER/MEMBER EXCLUDED? (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 Hoider 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 (30) 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 Okaloosa County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 602-C North Peari Street ACCORDANGE WITH THE POLICY PROVISIONS. Crestview, FL 32536 Koger WN Lidings AUTHORIZED REPRESENTATIVE . QBE Insurance Corporation 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 © 1988-2010 ACORD CORPORATION. All rights reserved. i | ; EMERA-1 OP ID: CR ACORE” CERTIFICATE OF LIABILITY INSURANCE ioe 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: 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 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 # insurReR A: Granite State Insurance Co. INSURED Emerald Coast Aviation INSURER B: Praetorian Insurance Company 5545 John Givens Road INSURER C : Crestview, FL 32539 INSURER D: INSURER E: 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lINSR DDL SUBR POLICY EFF] POLICY EXP LTR TYPE OF INSURANCE SR |WYD POLICY NUMBER (MM/DDIYYYY)_[(MM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERGIAL 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 veo. LOG $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY aa § 1,000,000 A ANY AUTO 02-CA-019047925-1/000 06/26/2013 | 06/26/2014 | BODILY INJURY (Per person) | $ ALL OWNED SCHEDULED , ALL OV || AUTOS BODILY INJURY (Per accident) | $ ON-OWNED PROPERTY DAMAGE X | wirepautos | X | auros (PER ACCIDENT) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED | | RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH AND EMPLOYERS’ LIABILITY VIN TORY LIMITS ER B | ANY PROPRIETOR/PARTNER/EXECUTIVE AAWC0500165 11/30/2013 | 11/30/2014 | £1. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? [| NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE} $ 1,000,000 lf yes, describe under DESCRIPTION OF OPERATIONS betow 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 INTEGRO y integro insurance Brokers Two Financial Center Building, 60 South Street, Suite 800 Boston, MA 02111 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. PL003391673-12 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, warranties 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 a“ . EMERALD COAST AVIATION ” J ee va - f. 5545 John Givens Road Crestview, FL 32539 Senior Vice President December 6,, 2013 Integro Insurance Brokers Cert. No. WFSXS 13148