Okaloosa County BOCC — February 21, 2017 — Amendment One to Crystal Beach MT — reading text

CONTRACT & LEASE INTERNAL COORDINATION SHEET | Contract/Lease Number: L9 009v- 4P ' Tracking Number: _23§v7 Confractor/Lessee Name: &J&Z Hary LJnlyted~ Grant Funded: YES_ NO K. Purpose: Arsd pan} aae. DatefTerm: 3 =10 ~I% 1. ] GREATER THAN $50,000 Amount: _#9F9Y. 33 assty fviy 2. [J GREATER THAN $25,000 3. [J $25,000 OR LESS Department: 27 Dept. Monitor Name: J}fv;/m»t'r Document has been reviewed and includés any affachments or exhibits. Purchasing Review Procurement requirements are met: &%— - m Date: __#/2v/7 Purchasing Director or designee Greg Kisela, Charles Powell, DeRita Mason, Matthew Youhg \W Risk Management Review i i | Approved as written: MQ—D%T‘O\ Date:_|— B1~1 ( Risk)Man\&ger or designee ~ Laurg Porter or Krystal King County Afforney Review See Agnewn) dajed '/tv/uu’ Approved as written: | ) Date: County Afforhey Gregory T. Sf;eworf, Lynn Hoshihara, Kerry Pqu Following Okaloosa County approvail: Coniracts & Grants DochenT has been received: Date: Contracts & Grants Manager Dave Miner From: Parsons, Kerry <KParsons@ngn-tally.com> Sent: Tuesday, January 24, 2017 8:22 AM To: Dave Miner; Charles Powell Ce: Laura Porter; David Williams; Lynn Hoshihara Subject: RE: Amendment One to Crystal Beach Development for Coordination This is approved for legal sufficiency. From: Dave Miner [mailto:dminer@co.okaloosa.fl.us] Sent: Tuesday, January 24, 2017 8:53 AM To: Parsons, Kerry; Charles Powell Cc: Laura Porter; David Williams; Lynn Hoshihara Subject: RE: Amendment One to Crystal Beach Development for Coordination Ms. Parsons: Revisions accepted, thank you. Dave From: Parsons, Kerry [mailto:KParsons@ngn-tally.com} Sent: Monday, lanuary 23, 2017 1:25 PM To: Dave Miner; Charles Powell Cc: Laura Porter; David Williams; Lynn Hoshihara Subject: RE: Amendment One to Crystal Beach Development for Coordination Please find attached my revisions. From: Dave Miner [mailto:dminer@co.okaloosa.fl.us] Sent: Friday, January 20, 2017 2:55 PM To: Charles Powell Cc: Parsons, Kerry; Laura Porter; David Williams Subject: Amendment One to Crystal Beach Development for Coordination Charles: Attached is Amendment Number One to Crystal Beach Development for coordination. You will receive the original in distro. Dave AMENDMENT OF LEASE 1.98-0096-AP CRYSTAL BEACH DEVELOPMENT OF DESTIN, LTD HANGAR LEASE AT THE DESTIN EXECUTIVE AIRPORT This Amendment of Lease made and entered intothis ~ dayof 2017, hereby approves this amendment for lease 1L98-0096-AP (“Lease Agreement”), by Crystal Beach Development of Destin, LTD (“Lessee”), and Okaloosa County, Florida through its Board of County Commissioners (hereinafter the “County™). WITNESSETH: WHEREAS, on June 15, 2011, Lessee entered into a Lease for Hangar Space Option for Lease Agreement, [.98-0096-AP with the County for Hanger Space at the Destin Executive Airport with a current expiration date of March 10, 2018; and WHEREAS, on November 15, 2016 the Board approved a Tiered Buy-Down Option Program. This program enables current lessees with a Board approved rate over $1.50 to “Opt In” to the new rate by paying a fee based on the lessees remaining lease term, 0 to 5 years $1,000.00, 6 to 10 years $2,500.00 and 11 to 20 years $5,000.00; and WHEREAS, Lessee desires to Opt In the Tiered Buy-Down program and lessee’s fee, $1,000.00 (less than six years) has been received; and WHEREAS, on November 15, 2016 the Board additionally approved the new language for storage of items in the hangar, which the parties now desire to incorporate within the Lease Agreement; and WHEREAS, the parties now desire to provide additional revisions to the Lease Agreement. 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: AMENDMENT 1. Section 6 a titled “Ground Lease” of L98-0096-AP, is deleted and replaced as follows: Lessee shall pay in advance an annual ground lease fee determined by bid. 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 AFB, Florida 32542-1498. This lease includes THREE THOUSAND FIVE HUNDRED (3,500) square feet at ONE DOLLAR AND FIFTY CENTS (81.50) per square foot per year for a total annual cost of FIVE THOUSAND TWO HUNDRED FIFTY DOLLARS Page 1 of 5 1.98-0096-AP ($5.250.00) plus state sales tax and County non-ad valorem taxes. Block 9 Lot 2 will remain the same. 2. Section 11 titled “Care of Leased Premises” of 1L.98-0096-AP, is deleted and replaced as follows: Lessee shall keep said hangar and premises neat, clean, and orderly at all times. Hangars located on airport property shall be used for aeronautical purposes. Lessee is permitted to store non-aeronautical items in hangars provided the items do not interfere with the aeronautical use of the hangar and or impede the movement or access of the aircraft or other aeronautical contents of the hangar. All petroleum products, solvents, cleaners and flammable material shall be stored in an approved fireproof rated cabinet. Used petroleum products, solvents, cleaners and cleaning materials shall be disposed of both in accordance with all governmental regulations and off the County premises. 3. Section 13 titled “Taxes” of L98-0096-AP, is deleted and replaced as follows: Taxes and 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 by 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 identical 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. 4. Section 18 titled “Insurance” letter “c” of 1.98-0096-AP, is deleted and replaced as follows: 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 Page 2 of 5 L98-0096-AP Okaloosa County Airports, 1701 State Road 85 North, Suite 1, Eglin Air Force Base, FL 32542-1498. On request, Lessee shall deliver an exact copy of the policy or policies including all endorsements. 5. Section 27 “Place of Payments” of L98-0096, is hereby deleted and replaced as follows: All payments and notices to COUNTY shall be given or mailed to the following address: Okaloosa County, Okaloosa County Airports, 1701 State Road 85 North, Suite 1, Eglin Air Force Base, Florida, 32542-1498. 6. 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) Page3 of 5 L98-0096-AP IN WITNESS WHEREOF, the parties hereto have executed this renewal and amendment as of the day and year first written. ATTEST: J.D. Peacock 11, Clerk DATE: /fl"I EST: <= Witness OKALOOSA COUNTY, FLORIDA Carolyn N. Ketchel, Chairman Date: Page 4 of 5 1.98-0096-AP ACKNOWLEDGMENTS STATEOF Florida COUNTY OF kalnscs Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared JAY ODOM 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 [ 5 dayof 'f:&blfwa/rj , 2017, AD. % SARAH J. BURGESS $ /Mfi q \%W(.&M—) MY COMMISSION # FF953024 § fl NOTARY ¢ S EXPIRES: January 24, 2020 ¢ A h My Commission Expires: 1-24-20 Page 5 of 5 L98-0096-AP | DESTIN | _AIRPORT COLEHAN KEWLY 4 FIELD axras a5 Destin Executive Airport Hangar Lease Tiered Buy Down Option Program Lessee Crystal Beach Development Block 9 Lot 1 Lease # L98-0096-AP The Okaloosa County Board of County Commissioners approved a Tiered Buy Down Program for any Destin Executive Airport hangar lease with a Board approved ground lease rate greater than $1.50 per square foot. The — program allows a lessee to reduce their Board approved rate to the $1.50 appraisal rate. This will be retroactive to October 1, 2016 with a flat fee based on the number of years remaining on the current lease term. All other terms and conditions of the lease remain unchanged with the exception of the Care of Premises which will also be updated. Cwrrent Board Approved Ground Rate: $2.34 Date Approved: 6/15/2011 Current Escalated Rate: $ 2.50455 Date Escalated: 6/30/2016 Remaining Lease Term: 1.44 Expiration Date: 3/10/2018 Opt In -Please check and initial this box if you elect the buy down option Init: described above. This signed form must be returned with your fee in the amount of $1.000.00 no {ater than January 17, 2017. Once signed form and payment are received, we will begin the lease amendment process. All lessees electing this option will be required fo sign an amendment to their current lease and this will be presented to the Okaloosa County Board of County Commissioners for approval. The program is expected to be completed by March 7, 2017. Opt Out -Please check and initial this box if you elect to remain at Init: your current rate. I understand my gro;;l?sc rate will remain at its current rate of $2.50455 and willuontj#ye to escalate annually per the terms in the agreement, / / Print Name ) 4 dy @ Jo Signature W / V4 vue_/) Ty %, 20)7 VA4 Z If you have chosen to Opt In, please return this form and your fee (che¢k) in the amount of __$1,00000 po later than January 17, 2017 to begin the agreement amendment process. Pleast remember that you will be required to sign an amendment to your current lease and return for Board Approval. The new rate is not effective until your amendment is approved by the Okaloosa County Board of County Commissioners. We expect this process to be completed by March 7th, 2017. Buy Down Option Forms not returned by January 17, 2017 will automatically be considered as an Opt Out to this program. In addition, Buy Down Option Forms that indicate Opt In that are not returned with the fee by January 17, 2017 will not be processed and will automatically will be Opted Out. e ACORID» V CERTIFICATE OF LIABILITY INSURANCE CRYSBEA-03 SBRANNEN DATE {(MM/DD/YYYY) 21612017 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 have ADDITIONAL INSURED provisions or he 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). CONTACT Stacey