Okaloosa County BOCC — September 3, 2013 — AOL Regency Acquisition to Hanger 6 — reading text

ASSIGNMENT OF LEASE This ASSIGNMENT OF LEASE FOR HANGAR SPACE, fully executed this day of , 2013, by and between REGENCY ACQUISITION 1, LLC (hereinafter referred to as “FIRST PARTY”) and HANGER 6, LLC., (hereinafter referred to as the “SECOND PARTY”). WITNESSETH: WHEREAS, the FIRST PARTY entered into an Lease Agreement for a hangar consisting of ONE THOUSAND SEVEN HUNDRED EIGHTEEN (1,718) square feet at the Destin/Ft. Walton Beach Airport, Assignment of Lease dated May 4, 2012, Lease for Hangar Space Option dated August 20, 2008, Supplemental Agreement Number One dated February 5, 2002, and original Lease dated February 14, 2002 with a current expiration date of September 30, 2021. WHEREAS, the SECOND PARTY, by execution of this ASSIGNMENT OF LEASE, and in consideration of approval by Okaloosa County of the same does hereby assume all responsibilities, duties, obligations, rights, and privileges as set forth in the supplemental agreement number two, assignment of lease, lease for hangar space option, supplemental agreement number one, and the original lease except as hereinafter stipulated, and does hereby expressly relieve and indemnify the FIRST PARTY against any duty or responsibility for the same. COUNTY hereby lets to SECOND PARTY and SECOND PARTY hereby hires and takes from COUNTY at the Destin/Ft. Walton Beach Airport in the County of Okaloosa, State of Florida (hereinafter referred to as “AIRPORT”), that certain location designated as Block 8 Lot 6 as shown on file in the office of the Airports Director, which is incorporated herein by reference, and COUNTY hereby gives to SECOND PARTY permission to occupy and maintain one (1) of 11 metal “T”’ hangar unit for the storage of individually-owned/corporate-owned aircraft at the aforesaid location. Additional aircraft may be stored in the hangar with proper notice to the COUNTY provided that proof of required insurance coverage is provided to the COUNTY. This Assignment of Lease for hangar space (hereinafter called “LEASE”) is subject to all terms, covenants, conditions, and agreements of the original lease, supplemental agreement, lease for hangar space option and assignment of lease as supplemented to be kept, performed, and observed by the SECOND PARTY. SECTION 1: COMPANY NAME CHANGE Name Change Only: HCP/Freeport Acquisition, LLC requests to change the company name on the lease to Regency Acquisition 1, LLC which was legally changed. SECTION 2: ASSIGNMENT OF LEASE Change Section 6 c: Ground Lease to read: LESSEE shall pay in advance an annual ground lease fee established by an independent appraisal. The fee shall be adjusted every year in accordance with Section 7. The ground lease and applicable sales tax will be billed annually, in advance, and is payable to the Airports Director, Okaloosa County Airports, 1701 Highway 85 North, Eglin Air Force Base, Florida, 32542-1498. The leasehold includes ONE THOUSAND TWO HUNDRED FIFTY (1,250) square feet at TWO DOLLARS AND FIFTY CENTS ($2.50) per square foot per year for a total annual cost of THREE THOUSAND ONE HUNDRED TWENTY FIVE DOLLARS ($3,125.00) plus tax. SECTION 3: Change Section 18: Notices 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 the 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 Highway 85 North, Eglin Air Force Base, Florida 32542-1498. The address of the LESSEE is: Hanger 6, LLC, Tony Diez, 123 Country Club Drive, W, Destin, FL 32541. SECTION 4: Change Section 29: Legal Description to read: Block 8 Lot 6: Parcel described contains 1,250 square feet. SECTION 5: ENTIRE ASSIGNMENT OF LEASE This ASSIGNMENT OF LEASE consists of the following: Sections 1 — 5. It constitutes this entire Assignment of Lease of the parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written instrument duly executed by COUNTY and LESSEE. (The remainder of this page intentionally left blank) IN WITNESS, the parties hereto have executed these presents as of the day and year first above written. (\n NV REGENCY ACQUISITTONS 1, LLC PHILLIP D. WARD FIRST PARTY ATTESTS: a | ( Yd chin. J. A (Avi WITNESSY CD WITNESS. HANGER 6, LLC TONY DIEZ SECOND PARTY ATTESTS: a a | ATNESS a, ‘. oa s, SO S : ; LIN Sean Sean WITNESS BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA DON R. AMUNDS CHAIRMAN ATTEST: GARY J. STANFORD DEPUTY CLERK OF CIRCUIT COURT OKALOOSA COUNTY, FLORIDA ACKNOWLEDGMENTS STATE OF FLORIDA COUNTY OF OKALOOSA Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared PHILLIP D. WARD 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. ante 4” Sworn and subscribed before me this / D day of Ce bOker 2013, AD. wey Geis: . BEDE go xe . Ming, . Ce : te, RS SS cag . = °° CONMISS/9 =D, SR 22, ap Dor os a. a ad ts yet gau\ se mn s ge tone M ELEN “the, My Commission. expires: an ‘oy 4 "Fe ; 06d thn “y, CK ath Ingurant® a nklio meenee ee Yai, STATE se) May, "1p van oe STATE OF FLORIDA COUNTY OF OKALOOSA Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared TONY DIEZ 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. a 7 fae Sworn and subscribed before me this / D day of U TOE , 2013, AD. AMY GRE Gey, NOTARY — SSAMSSIOYf 6 L% rat ff 2. >) ‘a om My Commission expires: Wal é “f é, le > Ny, Ss a R me . eo s BRS) 2. dot . See gid hig, VON 2 4 "4 e “flay > K bi Fah inare®ye® 4,494, *enanes® © al’, STATES ee lavaar yey \\ ‘i ‘S Ny Sty ak ° ® yp £0 4) 2. wey ye CONTRACT & LEASE INTERNAL COORDINATION SHER [3 Lo ~0320~-AP Tracking number: pS-t'h Contract/Lease Number: Contractor/Lass¢e Name: He.B [Freeport Acq By mS, Ut Sant Funded: YES__. A ssig wmv oft Leate “te hanger 6, bee, Mr tony bree Purpose: Date/term: Seplorilor 30, Bo, 208 | 1, BAL GREATER THAN $50,000 Amount: 73, lAS,00 per year ples Tex 2, (1) GREATER THAN $25,000 Department: ft rpe (ts 3. C1 $25,000 OR LESS Dept. Monitor Name: Deu mivey Document has been reviewed and includes any attachments ar exhibits. no Purchasing Review C/L7Z, Risk Management Review Approved QU LE Lhe . pate: 4/7 3 Risk pAcnager or designee 7 ek J) County Afforney Review Date: atm y hHomey Following Okaloosa County approval: Contract & Grant Document has been received: Date: Contracts & Grants Manager at te, : OLD REPUBLIC ssnsce cons Uys: kok * *k x PHOENIX AVIATION CERTIFICATE OF INSURANCE MANAGERS. INC, This is to certify to (Certificate Holder): Okaloosa County 602-C N Pearl Street Crestview, FL 32536 The following policy(ies) Diez Management, Inc. have been issued to: P.O. Box 1907 Council Bluffs, [A 51502 AIRCRAFT POLICY NO: AV07433910 POLICY PERIOD: FROM: 12/27/2012 TO: 12/27/2013 THIS COVERAGE IS EFFECTIVE 12:01 AM 09/18/2013 INSURANCE COMPANY: OLD REPUBLIC INSURANCE COMPANY LIABILITY COVERAGES: LIMITS OF LIABILITY EACH PERSON EACH OCCURRENCE xX] Single Limit Including Passengers, GXXXX $1,000,000. CL] with Passenger Liability Limited to: $ BXXXX DESCRIPTION OF AIRCRAFT PHYSICAL DAMAGE COVERAGE: ALL RISKS GROUND AND IN-FLIGHT FAA INSURED DEDUCTIBLES NUMBER YEAR MAKE & MODEL VALUE NOT IN-MOTION IN-MOTION N3085F 1987 Beech 36 $280,000. $0. $200. $ $ $ $ $ $ $ $ $ (_] Asrespects any Aircraft Owned and Operated by the Named Insured and covered under the above referenced Policy THIS CERTIFICATE HOLDER IS: | LI Included as a Loss Payee for Aircraft Physical Damage Coverage. [1 Breach of Warranty Coverage on Aircraft Physical Damage as their interest may appear not to exceed 90% of the Insured Value. x] Included as an Additional Insured on Aircraft Liability Coverage but only with respect to hangaring and tie-down of insured aircraft. [] Provided a Waiver of Subrogation on Aircraft Physical Damage Coverage, but only with respect to operations of the Named Insured. OTHER COVERAGES/CONDITIONS/REMARKS: Policy Territory: United States of America, Canada, Mexico and as may be endorsed. Provision has been made to give the Certificate Holder thirty (30) days notice of Our Cancellation of the referenced policy — ten (10) days as a result of non-payment of premiums owed to Us. However, We assume no responsibility for the failure to provide such notice. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage, terms exclusions, conditions, or other provisions afforded by the policies referenced herein nor does it constitute a contract between the issuing insurer(s), authorized representative or producer. Phoenix Aviation Representative: Agency Name: Falcon Insurance Agency, Inc. . Agency Phone: 830-257-1000 Lib Date: October 2, 2013 15660 NORTH DALLAS PARKWAY, SUITE 400 DALLAS, TX 75248 | PH: (972) 991-7223 | FX: (972) 490-7069 A MEMBER OF THE OLD REPUBLIC INSURANCE COMPANY Dave Miner From: Gary Real Sent: Monday, October 21, 2013 2:00 PM To: Dave Miner Subject: FW: N3085F Insurance Attachments: 2335dn_20131011_16144009. pdf | was contacted by Mr. Diez and | have reviewed his coverage. His coverage is broader than | originally thought, this policy is acceptable under the terms of his lease. 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 empioyees regarding County business are public records, available to the public and inedia upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. From: tony diez [mailto:diezmgmt@aol.com] Sent: Monday, October 14, 2013 10:51 AM To: Gary Real Subject: Fwd: N3085F Insurance Mr. Real, Thanks for taking my call this morning. This was the response from my aircraft insurance agent. As | mentioned, he believes we are covered under our current policy. Hopetully this is acceptable and we can move forward. Thanks so much for looking into this. Tony Diez 402-871-6606 From: Cliff Bertholf <CBertholf@falconinsurance.com> To: diezmgmt <diezmgmt@aol.com> Sent: Fri, Oct 11, 2013 4:34 pm Subject: N3085F Insurance Hi Tony, Hope this helps. Attached are copies of your Declarations page of the insurance policy, and a copy of the page dealing with ‘Premises Liability Coverage’. The 2" highlighted paragraph states that your liability coverage (Coverage D), which is a $1,000,000 per occurrence limit noted on the Declarations page, ‘shall apply to an occurrence arising out of the maintenance or use of the premises in or upon which the aircraft is stored’. Again, hope this helps. Please let me know if you have any questions. Many thanks, Cliff Bertholf Falcon Insurance Agency P.O. Box 291388 Kerrville , TX 78029 800-880-6272 830-792-1144 - fax www.falconinsurance.com *Please note that I cannot accept binders or policy changes via email, only by phone during normal business hours*