Okaloosa County BOCC — August 24, 2013 — Assignment of Lease Blue Horizon JR Skyways to Mr. Williams — reading text

LESSEE agrees to maintain property insurance on any permanent building or improvement constructed on the Leased Premises in an amount not less than full replacement value of such building and its improvements and agrees that the proceeds from such insurance shall be used promptly by LESSEE to satisfy LESSEE’s repair and replacement obligation under this paragraph. Okaloosa County shall be listed as a loss payee on all property insurance policies. 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: Harvey Williams, P.O. Drawer 1807, Fort Walton Beach, Florida 32549. 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. OSECTION 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 HIGHWAY 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 2 Lot 3. Commence at an existing iron pipe marking the Northwest corner of Section 11, T-3-N, R-23-W, Okaloosa County, Florida; Thence S 01°50’16” W along the West line of Section 11 a distance of 2,257.80 feet; Thence depart said West line S 88°09’44” E 373.61 feet to a set iron pipe marked L.S # 5078 for the Point of Beginning: Thence N 08°04’49” W 50.00 feet to a set iron pipe marked L.S # 5078; Thence N 81°55°11” E 110.00 feet to a set iron pipe marked L.S #5078; Thence S 08°04’49” E 50.00 feet to a set iron pipe marked L.S # 5078; Thence S 81°55’11” W 110.00 feet to the Point of Beginning. Contains 5,500 square feet more or less. SECTION 29: RENEWAL OF LEASE At the end of this initial lease period, all improvements to the property shall become the sole possession of OKALOOSA COUNTY. a. OPTION TERM: Provide LESSEE is in compliance with all terms and conditions of this Agreement, LESSEE shall have an option to renew this Agreement with all the same terms and conditions except for rent for additional term of ten (10) years. b. RENT: Rent for the additional term shall be established by an independent appraisal conducted by the COUNTY. If LESSEE does not agree with the rental fee established as a result of the independent appraisal, the option to renew shall be null and void and this lease shall terminate. Adjustments will be based upon the provisions of SECTION 6: ESCALATION. c. NOTICE: LESSEE shall give COUNTY at least one hundred twenty (120) days written notice prior to the termination of this lease of its intent to exercise the option to renew. SECTION 30: ENTIRE LEASE This LEASE consists of the following: Sections 1 to 30. 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. IN WITNESS, the parties hereto have executed these presents as of the day and year ~ first above written. BLUE HORIZYN AVIATIN, INC. AL QUALL FIRST PARTY WITNESS DOoOwsLD QvALLS Uonmee X, WITNES SoA Vie . Tovers / J&R SKYWAYS” JOSEPH LEVINE FIRST PARTY Qeoemnany Peel aie WITNESS go Stn an, NEY / ew, C/pox fed TES c x i inal HARVEY WILLIAMS SECOND PARTY Aull wer gL offs WITNESS 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 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 AL QUALLS who, under oath, deposes and says that he is authorized to execute contracts and lease agreements and that , 2013, AD. he executed the foregoing instrument for the uses and purposes contained therein. Sworn and subscribed. befoxgune ied Brtay of ERRY FES U/ oo so, hin. zd. fro % oO % SEP gg, | eh age . & Di wonbar® fee «a eiee 1: OT4RY . Toh lve aN Sow ES My Commissfémanp i's: 10 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 JOSEPH LEVINE 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 centained therein. v_ [bby , 2013, AD. Sworn and subscribed before Clas We 2. 9/ WM R56 shay 8%, st> on, % =O: Er ‘ 8 ~ =7- corti “20K, + 2 x ed = + Wi eegh:2 ai lez arn whe € ‘ 4°" oF (7 OT 4% apees ToHWMI ES. Lyne nS kes My Commis wae vege 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 HARVEY WILLIAMS 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 a 5th day of Tuly— , 2013, AD. Elli Fela sft JL-NOTARY // BILLIE JOANN LOFTIS COMMISSION # £E213886 My Commission expires: BONDED THROUGH RLUINSURANCE COMPANY 11 , CERTIFICATE OF LIABILITY INSURANCE OP ID: PJ DATE (MM/DDIYYYY) 08/06/2013 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, 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 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES IMPORTANT: certificate holder in lieu of such endorsement(s). If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the If SUBROGATION IS WAIVED, subject to PRODUCER & Bondi EWB Phone: 850-581-4925] GONEAT alao ns onating - . AX 45 Eglin Parkway NE. Ste 202 Fax: 850-581-4930] (aie'No, Ex): (AIG, No: Fort Walton Beach, FL 32548 BME ag. one CusTOmERIo #: WILL-O1 INSURER(S) AFFORDING COVERAGE NAIC # INSURED Williams Electric Company, Inc INSURER A: AMerisure Mutual 93396 P.O. Box 1807 INSURER B : Fort Walton Beach, FL 32549 INSURER C: 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.