Okaloosa County BOCC — September 16, 2014 — Crestview Technology Airpark Amendment One Extension

AMENDMENT NUMBER ONE TO AIRPORT ACCESS AND LICENSE AGREEMENT DATED JULY 7, 2009 BETWEEN BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA AND CRESTVIEW TECHNOLOGY AIRPARK, LLC This AMENDMENT NUMBER ONE, fully executed this day of , 2014, by and between the OKALOOSA COUNTY, FLORIDA (hereinafter called “COUNTY”) and CRESTVIEW TECHNOLOGY AIRPARK, LLC (hereinafter called “LICENSEE”). WITNESSETH: WHEREAS, the LICENSEE entered into the Original Agreement effective July 7, 2009. WHEREAS, this Amendment Number One shall be subject to the terms, covenants, conditions, and agreements to be kept, performed and observed by LICENSEE as stipulated in the Original Agreement not amended in this Agreement. NOW, THEREFORE, the parties hereto, for, and in consideration of that Agreement, agree as follows to this Agreement as herein set forth: SECTION 1: TERM This Amendment Number One extends the term of the Agreement as requested by LICENSEE for an additional TWENTY FIVE (25) years as stated in the Original Amendment. The expiration date will be September 30, 2039. SECTION 2: ENTIRE AMENDMENT This Amendment consists of the following: Sections 1 to 2. It constitutes the entire Amendment 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 LICENSEE. 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 CHARLES K. WINDES, JR CHAIRMAN ATTEST: GARY J. STANFORD DEPUTY CLERK OF CIRCUIT COURT OKALOOSA COUNTY, FLORIDA PAUL S. HSU, Ph.D. CRESTVIEW TECHNOLOGY AIRPARK, LLC WITNESS / aj 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 PAUL S. HSU 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 (p_ day of Augy AST , 2014, AD. Pee, KIMBERLY A PEREZ 3s @) #2 MY COMMISSION # EE193576 hor _L- -s6 EXPIRES April 29, 2016 errs aeeones FlotidaNotaryService.com wands OTARY C) My Commission expires: ori! F4, DO! ty. CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: CO 41TH AL Tracking Number: [0 3} “a te Grant Funded: YES. * NO > Contractor/Lessee Name: Cnoslviews feck A hoge" linn L. Purpose \NécerneO Koo LQ htt Papontitnd Potomacsrn, Date/Term: Seplencten 3o QO 39 1, L] GREATER THAN $50,000 Amount: 2. [J GREATER THAN $25,000 Department: Ae 3. L] $25,000 or Less Dept. Monitor Name QA en tneian Document has been reviewed and includes any stenmens or exhibits, Purchasing Review ee r aay Le faa << Mi Date: Lb3 Bio ly: 16) Zee = Dieser Designee Joanne Kublik Risk Management Review Approved as wan “ J / W/L Vid Ce fy fo Date: é [lO fos f f Risk Manager or designee Cx ak ren IC Va vA f County Attorney Review Approved as ss Ci~{ MY JAW. we We) co Date: t coh nty ile Gregory T, Stewart 4 Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager oe “.. TPp -%e @™.s e Ey e @ Environmental Compliance oes Obsolescence Management www.totalpartsplus.com 709 Anchors Street NW Fort Walton Beach, Florida 32548 Phone: (850) 244-7293 Fax: (850) 664-5349 Paul S. Hsu, Ph.D. Chairman August 6, 2014 David Miner Okaloosa County Airports “1701 State Road 85 N .. Eglin Air Force Base, Florida 32542-1498 | “Dear Mr. Miner: Please accept this letter to clarify that Dr. Paul Hsu and Robert Keller share 50/50 equal ownership interest in Crestview Technology Air Park, LLC. Currently the property is occupied by Sunshine Aero, owned by Robert Keller. All the best, AIG AEROSPACE INSURANCE SERVICES, INC. CERTIFICATE OF COMMERCIAL LIABILITY INSURANCE This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. !t does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies, alteration of this certificate does not,change the terms, exclusions or conditions of such policies. Coverage is subject to the provisioris of thie-policies, including.any exclusions or conditions, regardless of the provisions of any other contract, such as between. the. certificate: hold d.the: ned Insured... The limits shown-below are the limits provided at the policy inception. “Subsequent paid claims, may. reduce these limits. Producer: Named Insured: AIR-SUR, INC. SUNSHINE AERO INDUSTRIES, INC. TOM COUGHLIN AGENCY, 141 SAGE BRUSH TRAIL, AND AS ENDORSED SUITE 3164 AIRPORT ROAD ORMOND BEACH, FL 32174 CRESTVIEW, FL 32539-7110 General Liability Insurer Name: NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Policy Number: AP 003383199-20 Policy Effective Date: August 31, 2014 ; Policy Expiration Date: August 31, 2015 $ 10,000,000. Each Occurrence Limit $ 500,000. Damage To Premises Rented To You Limit (any one premises) _ $ 25,000. Medical Expense Limit (any one person) Limits $ 10,000,000. Personal & Advertising Injury Aggregate Limit of $ NOT APPLICABLE General Aggregate Limit Insurance $ 40,000,000.:_..]. F Completed Operations Aggregate. Limit $ 10,000,000. Each Aircraft Limit $ 10,000,000. Each Loss Limit $ 5,000. Hangarkeepers Deductible (each aircraft) General Aggregate Limit applies per: Policy [| Project [] Location Description of Operations/Locations/Endorsements/Special Provisions AS PER ATTACHED CGL1033, CGL193 AND CGL232. Additional Insured Status Yes THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER. IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES) MUST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH ADDITIONAL INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. Cancellation in the event of cancellation of any policy described above, the insurer will attempt to mail 30 days written notice to the certificate holder prior to the effective date of cancellation. However, failure to do so will not impose duty or liability upon the insurer, its agents of representatives, nor will it delay cancellation. Certificate Holder: OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY AIRPORTS DIRECTORS Certificate No.6 602 - C PEARL STREET, CRESTVIEW, FL 32536 Authorized Representatl August 18, 2014 RRJ * Date of Issue CGL309 (3/05) Includes copyrighted material of Insurance Services Office, Inc. with its permission : ™ - ACCORD | CERTIFICATE OF LIABILITY INSURANCE SUNSHAE OP ID: DA DATE (MMIDDIYYYY) 09/05/2014 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 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 certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to PRODUCER Air-Sur, Inc. 141 Sage Brush Trail, Suite A Ormond Beach, FL 32174 Robert W. Tyler, Jr., AAI, AIP CONTACT NAME: Donna K. Alex, CIC, AAl, CPIW PHONE ext); 386-672-6210 FAX (A/C, No): EMAL .s, dalex@air-sur.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: American Southern Insurance Co INSURED Sunshine Aero Industries, Inc INSURER B : Liberty Mutual Fire Ins. Co, Robert Keller 3164 Airport Road INSURER C : Crestview, FL 32539-7110 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. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL|SUBR] POLICY EFF_ | POLICY EXP LTR TYPE OF INSURANCE INSD | WYD POLICY NUMBER (MMIDDIYYYY) | (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OccUR PREMISES (Ea occurrence} $ MED EXP (Any one person) $ PERSONAL & ADVINJURY | $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY [| GRO: [| Loc PRODUCTS - COMP/OP AGG | $ OTHER: $ AUTOMOBILE LIABILITY (Ea'acaident) INGLE LIMIT $ 1,000,000) A {|X| anvauto BA900531 08/31/2014 | 08/31/2015 | BODILY INJURY (Per person) | $ ALL OWNED SCHEDULED BODILY INJURY (Per accident)| $ = NON-OWNED PROPERTY DAMAGE 8 HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED [ RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS’ LIABILITY YIN X | Starure |_| BJ ANY PROPRIETOR/PARTNER/EXECUTIVE WG2Z21969306014 08/31/2014 | 08/31/2015 | EL. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? C1 NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE] $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT | $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THIS CERTIFICATE REPLACES ANY PREVIOUSLY ISSUED CERTIFICATE (S). Automobile coverage placed through Preferred Aviation Underwriters FOR INFORMATION ONLY CERTIFICATE HOLDER CANCELLATION Okaloosa County 602 - C North Peari Street Crestview, FL 32536 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE fll UGE x ACORD 285 (2014/01) The ACORD name and logo are registered marks of ACORD © 1988-2014 ACORD CORPORATION. All rights reserved. AIG AEROSPACE INSURANCE SERVICES, INC. CERTIFICATE OF COMMERCIAL LIABILITY INSURANCE This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. {t does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. alteration of this certificate does not, change the terms, exclusions or conditions of such policies. Coverage Is subject to the provisions of the-policies, including.any exclusions or conditions, regardless of the provisions of any other contract, such as between.the certificate:holder.and the. éd Insured:. The limits shown-below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Producer: Named Insured: AIR-SUR, INC. SUNSHINE AERO INDUSTRIES, INC. TOM COUGHLIN AGENCY, 141 SAGE BRUSH TRAIL, AND AS ENDORSED SUITE 3164 AIRPORT ROAD ORMOND BEACH, FL 32174 CRESTVIEW, FL 32539-7110 General Liability Insurer Name: NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Policy Number: AP 003383199-20 Policy Effective Date: August 31, 2014 , Policy Expiration Date: August 31, 2015 $ 10,000,000. Each Occurrence Limit $ 600,000. Damage To Premises Rented To You Limit (any one premises) _ $ 25,000. Medical Expense Limit (any one person) Limits $ 10,000,000. Personal & Advertising Injury Aggregate Limit of $ NOT APPLICABLE General Aggregate Limit Insurance $ 10,000,000.: __..|. Products/Gompléted: Operations Aggregate.Limit a * pei ees Haingarkeepers Limit. $ 10,000,000. Each Aircraft Limit $ 10,000,000. Each Loss Limit $ 5,000. Hangarkeepers Deductible (each aircraft) General Aggregate Limit applies per: Policy [| Project [| Location Description of Operations/Locations/Endorsements/Special Provisions AS PER ATTACHED GGL1033, CGL193 AND CGL232., Additional Insured Status Yes THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER. IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES) MUST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH ADDITIONAL INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. Cancellation In the event of cancellation of any policy described above, the insurer will attempt to mail 30 days written notice to the certificate holder prior to the effective date of cancellation. However, failure to do so will not impose duty or liability upon the insurer, its agents or representatives, nor will it delay cancellation. Certificate Holder: OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY AIRPORTS DIRECTORS Certificate No. 6 602 - C PEARL STREET, CRESTVIEW, FL 32536 Authorized Representati August 18, 2014 RRJ ° Date of Issue CGL309 (3/05) includes copyrighted material of Insurance Services Office, Inc. with its permission PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This policy is amended as follows: Only to the extent as stated within a written contract between the Named Insured and party(ies) as stated in the Schedule, coverage hereunder is primary and non-contributory with any insurance, co-insurance, or self insurance maintained by those party(ies): SCHEDULE OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS | OKALOOSA COUNTY AIRPORTS DIRECTORS 602 - C PEARL STREET CRESTVIEW, FL 32536 All other provisions of this policy remain the same. This endorsement becomes effective _August 31, 2014 to be attached to and hereby made a part of Policy No. AP 003383199-20 issued to_ SUNSHINE AERO INDUSTRIES, INC. AND AS ENDORSED By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Endorsement No. TBD ihe Date of Issue August 18, 2014 RRJ By (Authorized Representative) CGL1033 (12/08) ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE 1. Designation of Premises (Part Leased to You): 2. Name of Person or Organization (Additional Insured): OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY AIRPORTS DIRECTORS 602 - C PEARL STREET CRESTVIEW, FL 32536 3. Additional Premium: INCLUDED (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (SECTION II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. All other provisions of this policy remain the same. This endorsement becomes effective August 31, 2014 to be attached to and hereby made a part of Policy No. AP 003383199-20 issued to _ SUNSHINE AERO INDUSTRIES, INC. AND AS ENDORSED By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Endorsement No. TBD th Date of Issue August 18, 2014 RRJ (Authorized Representative) CGL193 (3/05) includes copyrighted material of Insurance Services Office, Inc. with its permission WAIVER OF TRANSFER OF RIGHTS .OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY AIRPORTS DIRECTORS 602 - C PEARL STREET CRESTVIEW, FL 32536 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition (SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the “products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. All other provisions of this policy remain the same. This endorsement becomes effective August 31, 2014 to be attached to and hereby made a part of Policy No. AP 003383199-20 issued to _SUNSHINE AERO INDUSTRIES, INC. AND AS ENDORSED By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Endorsement No. TBD The Date of Issue_August 18, 2014 RRJ By (Authorized Representative) CGL232 (3/05) Includes copyrighted material of Insurance Services Office, Inc. with its permission Dave Miner From: Krystal King Sent: Tuesday, August 26, 2014 10:45 AM To: Dave Miner Subject: RE: COI Approval | reviewed the COI you sent on the above referenced and find that it meets our requirements. Kegstal hing Okaloosa County Risk Management (850) 689-5977 Fax (800)89-5973 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records available to the public and media upon request. Therefore, this written email communication including your email address, may be subject to public disclosure. From: Dave Miner Sent: Tuesday, August 26, 2014 9:38 AM To: Krystal King Subject: COI Approval Krystal: Attached you will find the certificates of insurance for Sunshine Aero. Please review and let me know if the insurance is OK so 1 can send the amendment of the agreement to the Board for approval. Thank you. Dave David E. Miner Properties and Leases Okaloosa County Airports (850) 651-7160 Ext. 4 www.flyvps.com "Please note: Due to Florida's very broad public records laws, most written communication to or from County employees regarding County business are public records, available to the public upon request. Therefore, this written e- mail communication, including your e-mail address, may be subject to public disclosure.”