Okaloosa County BOCC — June 21, 2016 — AOL Netherwood to Wade and Rae — reading text

CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: [ Or_)’ 029 G‘A-/p Tracking Number: Grant Funded: YES_ NO Contractor/Lessee Name: 2@“\ fghd(f/(/l /(/m(/l/\@/u)oool K_ Purpose %U-VM@V /[ Mgé /455#) awerd— Date/TermsJcun )4 A0 23, Alus on 20;3%/ 1. L GREATER THAN $50,000 Amount’ 34/37 S0 pnqually plus +w4 2. [] GREATER THAN $25,000 Plns quya/ (wsa £ee # 4. 3/ mgrtin 15 " . Department ,:) ort 3.)X]:$25,000 OR LESS Dept. Monitor Name: S‘M{\)e//{/(; ey Document has been reviewed and includes any attachments or exhibits. ] /%A/ZV“ M////@ Dateé/ 28-/6 Purchasmg Manager or Designee Joanne Kublik or Melissa Weisser Risk Management Review Approved as written: | Date: S-'"g ’/(/ Laura Porter or Krystal King Risk Mdnager oq"éesignee County Attorney Review Approved as written: ' Date: County Attorney Gre or:/'}l;.jiev;/i Lyglflzhlfgiiulisrlryfa O\E Afdes/firfi? 2, 9\9/6 Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager Dave Miner From: Parsons, Kerry <KParsons@ngn-tally.com> Sent: Monday, May 02, 2016 5:11 PM To: Dave Miner Cc: Melissa Weisser; Zan Fedorak; Lynn Hoshihara; Stephanie Herrick Subject: Re: Assighment of Lease from Netherwood to Wade and Rae LLC 5-2-16 No that is perfect thanks Dave! The comment can be removed from the contract. Again, this contract is approved for legal sufficiency. Have a good evening! Kerry Sent from my iPhone On May 2, 2016, at 6:02 PM, Dave Miner <dminer@co.okaloosa.fl.us> wrote: Ms. Parsons: I received the attached letter for the assignment of lease. | can add Mr. Bradford if that is what you prefer. Dave From: Parsons, Kerry [mailto:KParsons@ngn-tally.com] Sent: Monday, May 02, 2016 4:55 PM To: Dave Miner; Melissa Weisser; Zan Fedorak Cc: Lynn Hoshihara; Stephanie Herrick Subject: RE: Assignment of Lease from Netherwood to Wade and Rae LLC 5-2-16 This is approved for legal sufficiency — someone needs to verify that the person signing for Wade and Rae has the signing authority and someone can remove that comment from the contract. From: Dave Miner [mailto:dminer@co.okaloosa.fl.us] Sent: Monday, May 02, 2016 5:51 PM To: Melissa Weisser; Zan Fedorak Cc: Parsons, Kerry; Lynn Hoshihara; Stephanie Herrick Subject: Assignment of Lease from Netherwood to Wade and Rae LLC 5-2-16 Melissa: Changes accepted and addresses entered. Dave <AOL Letter Netherwood to Bradford.pdf> SECOND ASSIGNMENT OF LEASE AND SECOND AMENDMENT TO LEASE L07-0296-AP RAY AND SHELLEY NETHERWOOD’S HANGAR LEASE AT THE DESTIN EXECUTIVE AIRPORT This Second Assignment of Lease and Second Amendment made and entered into this day of , 2016, hereby approves of the assignment between Ray and Shelley Netherwood, (hereinafter the “Lessee”), whose principal address is 1070 S Collier Blvd., Unit D, Marco Island, FL 34145, and Wade & Rae, LLC, an Oklahoma Limited Liability Corporation (hereinafter the “Assignee”), whose principal address is, 4302 E 116" Place, Tulsa, OK, 74137, and further amends lease 1.08-0347-AP (“Lease Agreement”) executed February 11, 2002, by and between Billy E. Loflin and Okaloosa County, Florida through its Board of County Commissioners (hereinafter the “County”), whose principal address is 1250 N. Eglin Pkwy., Shalimar, FL. 32579. WHEREAS, the County entered into a Lease for Hangar Space at the Destin Airport with Billy E. Loflin on February 11, 2002, the initial term of the lease expires on January 14, 2022 ; and WHEREAS, on June 11, 2007, Billy E. Loflin, assigned his interest in the Lease Agreement, with the Consent of the County, to Lessee as set forth in the First Assignment of Lease; and WHEREAS, Lessee now desires to assign its interest in LO7-0296-AP to Assignee, and in accordance with Section 13 of the Lease Agreement, Lessee is required to obtain the County’s consent prior to assigning its interest; and WHEREAS, in accordance with Section 13 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 SECOND ASSIGNMENT 1. The County hereby consents to the Assignment of Lease by Lessee to Assignee in accordance with Section 13 of the Lease Agreement, 2. Assignee by execution of this Second Assignment of Lease and Second Amendment, and in consideration of consent by the County of the same, is bound by all terms of the Lease Agreement, the First Lease Assignment, and the First Amendment, 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, amendments, and assignment of leases. -¢<n < 1L AMENDMENT TO THE LEASE AGREEMENT L0O7-0296-AP is hereby amended as follows: 3. Section 5 a of the First Assignment of Lease executed on June 11, 2007, 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 Escalation Clause. 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 ONE THOUSAND TWO HUNDRED FIFTY (1,250) square feet at TWO DOLLARS AND SEVENTY FIVE CENTS ($2.75) per square foot per year for a total annual cost of THREE THOUSAND FOUR HUNDRED THIRTY SEVEN DOLLARS AND FIFTY CENTS (83,437.50) plus tax. 4. Section 17 c of the First Assignment of Lease executed on June 11, 2007, 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 Certificatc 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. Scction 18 of the First Assignment of Lease executed on June 11, 2007, 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: Wade & Rae, LLC, Ms. Cheryl W. Bradford or David Bradford, 4302 E 116% Place, Tulsa, OK 74137. 6. The First Assignment of Lease executed June 11, 2007, is further amended to incorporate the following provision: SECTION 30: 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 original Lease Agreement and Assignment of Lease and Amendment shall remain in full force and effect through the duration of the Lease term. IN WITNESS WHEREOF, the parties hereto have executed this renewal and amendment as of the day and year first written. LESSEE Ray N§th fwood Date: / /O//é Sleaty itness /?MZ > \ Witness ATTEST Witné’ss fi__’—” /fi Witness 3 ( ATTEST: LESSEE Shelley Netherwood Date: 78 // ¢ /)G WADE & RAY, LLC Cheryl W. @radford Date: S\ Vo OKALOOSA COUNTY Charles K. Windes, Jr., Chairman Date: ATTEST: J.D. Peacock I1, Clerk ACKNOWLEDGMENTS STATEOF_[ s eida COUNTY OF (hje Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared RAY NETHERWOOD 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 } O day of M anN/ , 2016, AD. / MY COMMAESION £ 176724 [«?’/Z/[/u,awf 42/ %flz/ EXPIRES: November 12, 2018 = Bonded Thru Notary Public Undscwrlors 18 NOTARY My Commission Expires: A/ oV /& y K013 ACKNOWLEDGMENTS STATE OF F ]o Cl (\J 4. COUNTYOF (pllie( Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared SHELLEY NETHERWOOD 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 ‘O day of M Q/\/ , 2016, AD. . Ay NOTARY My Commission Expires: /\/ oV /ol \ KO % e PATRIGIA K. MEDENWAL MY COMMISSION # FF 175724 ¢ EXPIRES: November 12, 2018 Bonded Thru Netary Public Underwriters |8 ACKNOWLEDGMENTS STATE OF F—lw‘,an COUNTY OF plkalos ga_ Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared CHERYL W. BRADFORD 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 /M 7 » 2016, AD. / o\‘,‘,fl?'r’»"‘a‘ ! S SPEgn. DAVID EDWARD MiNER . " EN m .2 Notary Public - State of Florida @/ ‘é SN IS, v My Comm. Expires Nov 23, 2017 ' s Commission # FF 40599 NOTARY My Commission Expires: _ //~ 2% —;'7 CERTIFICATE OF INSURANCE Certificate Issued to: Okaloosa County, 5749 A Old Bethel Road, Crestview, FL 32536 Insured: 311DB, LLC, Wade & Rae, LLC Address: 4302 E 116th PI, Tulsa, OK 74137-6121 Policy Number: TNI100164900 Effective Dates: 12/10/2015 to 12/10/2016 Insurer: Torus National Insurance Company, c/o London Aviation Underwriters, Inc. Producer: Travers & Associates, St Louis, MO Ph. 314-963-9080 Coverage: N311DB 2013 Cirrus SR22T AIRCRAFT LIABILITY - Bodily Injury (Excluding Occupants), Damage to Property, and Bodily Injury to Passengers (Excluding Crew) Combined Single Limit $1,000,000 Each Occurrence But Bodily Injury to Passengers Limited to $100,000 Each Passenger, Each Occurrence. Includes TNt 0161 Non-Commercial Premises Liability Endorsement Certificate Holder is named as an Additional Insured. See Policy language for limiting Parameters. EXCLUDING any loss, damage, injury or liability which arises from above named Certificate Holder's negligence, whether sole or proportional, or the willful misconduct of above named Certificate Holder or their servants. The Insurer agrees to provide the above named Certificate Holder at least 30 days notice, or 10 days notice if due to non- payment of premium,