Okaloosa County BOCC — November 5, 2013 — Resort Dev Renewal Package 12-6-13 — reading text

such coverage. In the event the LESSOR, shall be named as second loss payee and other loss payee be subsequent to that. c. 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 the Contracts and Lease Coordinator, 602-C N. Pearl Street, Crestview, FL 32536. On request, LESSEE shall deliver an exact copy of the policy or policies including all endorsements. SECTION 18: NOTICES 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: Resort Development of Naples Cay, Inc., Thomas Becnel, 15000 Emerald Coast Parkway, Destin, FL 32541. SECTION 19: HOLD HARMLESS To the fullest extent permitted by law, LESSEE shall indemnify hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional, wrongful conduct of the LESSEE and other persons employed or utilized by the LESSEE in the performance of this lease. SECTION 20: BINDING NATURE OF LEASE This LEASE shall be binding on the assigns, transfers, heirs, executors, successors, and trustees of the parties hereto. SECTION 21: PROHIBITED ACTIVITY LESSEE shall not commit or suffer to be committed on said premises, any waste, nuisance, or unlawful act. SECTION 22: COMMERCIAL ACTIVITY PROHIBITED No commercial activity of any nature or kind is allowed on the Leased Premises. SECTION 23: RESTRICTIONS ON MECHANIC’S LIENS Nothing in this lease shall be deemed or construed in any way as constituting the consent or request of COUNTY, express or implied, by inference or otherwise, to any contractor, sub-contractor, laborer, or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to, or repair of the demised premises or any part thereof, nor as giving LESSEE and right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any lien against the demised premises or any part thereof. Such liens are hereby strictly prohibited SECTION 24: TERMINATION BY LESSOR If LESSEE breaches or violates any of the terms and provisions hereof, COUNTY shall have the right to terminate this LEASE forthwith by giving written notice to LESSEE, and if not corrected within THIRTY (30) days, this LEASE would be terminated and in such event of termination, the improvements thereon would become the property of COUNTY. SECTION 25: NON-DISCRIMINATION LESSEE, for its self, its personal representatives, successors, in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (3) that LESSEE shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, COUNTY shall have the right to terminate the LEASE and to reenter and repossess said land and the facilities thereon, and hold the same as if said LEASE had never been made or issued. This provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21, are followed and completed, including exercise or expiration of appeal rights. SECTION 26: PLACE OF PAYMENTS All payments and notices to COUNTY shall be given or mailed to the following address: AIRPORTS DIRECTOR OKALOOSA COUNTY AIRPORTS 1701 STATE ROAD 85 NORTH EGLIN AFB, FLORIDA 32542-1498 SECTION 27: CONSTRUCTION AND APPLICATION OF TERMS The section and paragraph headings in this LEASE are inserted only as a matter of convenience and for reference, and in no way define, limit, or describe the scope or intent of any portion hereof. The parties have participated jointly in the negotiation and drafting of this Lease. In the event an ambiguity or question of intent or interpretation arises, this Lease shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Lease. Both parties have had an opportunity to have their respective legal counselors review this Lease. SECTION 28: LEGAL DESCRIPTION Block 6 Lot 2: Commence at the Northeasternmost corner of Lot 35, Block A, Harbor Breeze Second Addition, as recorded in Plat Book 16, Page 30, Public Records of Okaloosa County, Florida; Thence S.38°00’00”E. (Basis of Bearings) along the East line of said Block A for a distance of 138.95 feet; Thence departing said East line proceed N.52°00’00"E. for a distance of 168.70 feet to the Point of Beginning; Thence N.38°00’00”W. for a distance of 50.43 feet; Thence N.52°00’00”E. for a distance of 65.07 feet; Thence S.38°00’°00’E. for a distance of 50.43 feet; Thence §.52°00’00”"W. for a distance of 65.07 feet to the Point of Beginning. Parcel described contains 3,281 square feet or 0.075 acres. SECTION 29: ENTIRE LEASE This LEASE consists of the following: Sections 1 to 29. It constitutes the entire 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. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA DON R. AMUNDS CHAIRMAN ATTEST: GARY J. STANFORD DEPUTY CLERK OF CIRCUIT COURT OKALOOSA COUNTY, FLORIDA RESORT DEVELOPMENT OF NA THOMAS BECNEL Ret hr) Mond — WITNESS Vicheth Gans WITNESS 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 THOMAS BECNEL 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 Z| day of Tee , 2013, AD. RL STEVEN NABORS aN % Commission # EE 181503 st iN My Commission Expires “eens March 21, 2016 y y, ed NoeaRY My Commission expires: Vout ol Z al, & vA — 10 AIG AEROSPACE INSURANCE SERVICES, INC. CERTIFICATE OF INSURANCE rs IS TO CERTIFY TO: QKALOOSA COUNTY 602 C, NORTH PEARL STREET CRESTVIEW, FL_ 32537 THAT THE FOLLOWING POLICY/IES OF INSURANCE HAS/HAVE BEEN ISSUED TO: AIRCRAFT OPERATORS, INC. 30 RUDNICK LANE DOVER, DE 19901-4912 AIRCRAFT POLICY NO. AV 007744212-04 POLICY PERIOD: From August 18, 2013 to _ August 18, 2014 INSURANCE COMPANY NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA LIMITS OF LIABILITY LIABILITY COVERAGES EACH PERSON EACH OCCURRENCE Bodily Injury Excluding Passengers $ S Property Damage $ XXXX $ Passenger Bodily Injury $ $ Single Limit -- IN cluding Passengers, ; $ XXX g 2.000.000. PHYSICAL DAMAGE COVERAGE: PHYSICAL DEDUCTIBLES: IN-MOTION REGISTRATION INSURED DAMAGE NOT INGESTION NUMBER MAKE AND MODEL = YEAR VALUE COV. IN-MOTION MOORING N642WA PIPER PA31-350 CHIEFTIN 1979 $ 500,000. F $ Nil §$ NIL. N20CC CESSNA CITATION 560 1998 $ 4,000,000. FE $ Nik. NIL $ $ $ $ $ $ PHYSICAL DAMAGE Coverage Indentified F, Ground & Flight G.NotIn Flight HH. Not In Motion OTHER COVERAGES/CONDITIONS/REMARKS AS PER ATTACHED CAV30-ATT (06/12). A certificate of insurance is issued as a matter of information only and confers no rights upon the certificate holder. A certificate of insurance does not amend, extend, or alter the coverage, terms, exclusions, conditions, or other provisions afforded by the policies referenced therein. If the policy referenced above is cancelled before the expiration date, notice of cancellation shall be provided to the certificate holder if such notice of cancellation has been included within this policy and/or endorsements attached thereto Certificate No. 5 | eh TJP Date of Issue _ October 16, 2013 (Authorized Representative) CAV30 (06/12) ADDITIONAL INSURED ENDORSEMENT This policy is amended as follows: (Only the clause(s) indicated by an "X" shall apply.) The scheduled persons or organizations are included as additional Insured. The scheduled persons or organizations are the registered owner of and are included as additional Insured. UO Og The scheduled persons or organizations are included as additional Insured but only as respects liability coverages. The scheduled persons or organizations are included as additional Insured under liability coverages, but only as respects operations of the Named Insured. >] The scheduled persons or organizations are included as additional Insured but only as respects operations of the Named Insured. L Workmanship Exclusion - The insurance extended by this endorsement shall not apply to, and no person or organization named in the schedule shall be insured for Bodily Injury or Property Damage which arises from the design, manufacture, modification, repair, sale, or servicing of the Aircraft by that person or organization. Schedule: OKALOOSA COUNTY 602 C. NORTH PEARL STREET CRESTVIEW, FL 32537 All other provisions of this policy remain the same. This endorsement becomes effective October 16, 2013 to be attached to and hereby made a part of Policy No. AV 007744212-04 issued to _ AIRCRAFT OPERATORS, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Endorsement No. 16 biFihe TJP Date of Issue _October 16, 2013 (Authorized Representative) CAVO02 (1/05) Attachment to certificate no. 5 dated October 16, 2013 issued to: OKALOOSA COUNTY POLICYHOLDER _ AIRCRAFT OPERATORS, INC. AIRCRAFT POLICY NO. _ AV 007744212-04 POLICY PERIOD: From _ August 18, 2013 to August 18, 2014 INSURANCE COMPANY NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA OTHER COVERAGES / CONDITIONS / REMARKS - Continued THIS CERTIFICATE CANCELS AND SUPERCEDES CERTIFICATE NO. 4 DATED: AUGUST 9, 2013 ADDITIONAL INSURED WITH WORKMANSHIP EXCLUSION SUBJECT TO FORM CAV02 ATTACHED TO THIS POLICY. LIABILITY WAR COVERAGE SUBJECT TO FORM UE52E ATTACHED TO THIS POLICY. PHYSICAL DAMAGE WAR COVERAGE SUBJECT TO FORM CAV456 ATTACHED TO THIS POLICY. THE COMPANY AGREES TO PROVIDE CERTIFICATE HOLDER WITH THIRTY (30) DAYS (TEN (10) DAYS IF FOR NON-PAYMENT