Okaloosa County BOCC — May 15, 2013 — Lease Renewal MD Hangar — reading text

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: MD Hangar, Michael Daugherty, 425 Broadland Road NW, Atlanta, GA 30342. 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 7 Lot 1: 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 Lot 35 for a distance of 23.95 feet; Thence departing said East line proceed N.52°00’00”E. for a distance of 38.56 feet to a capped 2” iron rod stamped LB #7350 and the Point of Beginning; Thence N.38°00’00”W. for a distance of 68.25 feet to a capped '4” iron rod stamped LB #7350; Thence N.52°00’00”E. for a distance of 60.61 feet to a capped ¥%” iron rod stamped LB #7350; Thence S.38°00’00”E. for a distance of 68.25 feet to a capped 4” iron rod stamped LB #7350; Thence S.52°00’00”W. for a distance of 60.61 feet to the Point of Beginning. Parcel described contains 4137 square feet or 0.09 acres. SECTION 29: ENTIRE LEASE This LEASE consists of the following: Sections | 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. 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 ei “WITNESS ACKNOWLEDGMENTS STATE OF Gewaia COUNTY OF Cobb Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared MICHAEL DAUGHERTY 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. rd . Sworn and subscribed before me this 23 day of Agi ( , 2013,,AD. PATRICIA GILBRETH NOTARY PUBLIC N FORSYTH COUNTY GEORGIA 2 My Commission Expires { - May 12, 2014 NOTARY My Commission expires: Uo ES Zaly 10 RECEIVED APR 03 205 Gh pied CONTRACT & LEASE INTERNAL COORDINATION SHEE T Contract/Lease Number: Los- 0326-AP _ Tracking Number: SPL} Contractor/Lessee Name: mh Hu anger cc Beps s=O-is Purpose: Mu tng & r Lervse fe weve DateTerm: 9-19-20 33 GREATER THAN $10,000 | [_] $10,000 OR LESS Amount: 2 6,20% SO «#7yor plvs tad Department : Acper'ts Dept. Monitor Name: bh « vb h Wwe) Purchasing Review Procurement requirements are met: Date: yal; a tracts/Lease Coordinator Risk Management Review Approved as ify LZ “2 Date 4, f 3 Risk Wianagement Director Law £ County Attorney Review Céunty Attorney Following Okaloosa County Board of County Commissioners approval: Contract & Grant Review Document has been appropriately reviewed and is executable: Date: Contracts & Grants Mauager REVISED BY BCC 3-21-00 nderwritten by: STARR AVIATION FEDERAL INSURANCE COMPANY B CHUBB 15 MOUNTAIN VIEW ROAD A Member of Starr Companies This policy is issued by: WARREN, NJ 07059 PART 2 DECLARATIONS Policy Number 9957-1654-05 Previous Policy Number 9957-1654-04 This page with "Policy Provisions — Part 1" Form Starr AV Policy Provisions (3/06) and all endorsements attached hereto completes this numbered aviation physical damage and liability policy, issued by the company as indicated above (hereinafter called the Company). ITEM 1. NAMED INSURED DEBBIE L. STOUT md aetyeee L &-O8 ab-#P ADDRESS 4 PEBBLE CREEK \ oh v HATTIESBURG, MS 39402 (wv y g 7 i ITEM 2. Policy Period: From SEPTEMBER 27, 2012 to SEPTEMBER 27, 2013 42:01 A.M. Standard Time at the address in Item 1. The insurance afforded is only with respect to such and so many of the following coverages as are indicated by specified premium charge or charges. The limit of the Company's liability against such coverage shall be as stated herein, subject to all of the terms of this policy having reference thereto. If more than one aircraft is insured hereunder, the terms of this policy shall apply separately to each. ITEM 3. Liability Coverages LIMITS OF LIABILITY LIABILITY PREMIUMS : EACH PERSON ; EACH OCCURRENCE | A. Bodily Injury — excluding Passengers B. Property Damage XXXX C. Passenger Liability D. Single Limit - INcluding Passengers XXXX 1,000,000. with Passenger Liability limited internally to: NOT APPLICABLE XXXX 1,192. E. Medical Expense -- _INcluding Crew 5,000. > 20,000. INCLUDED LIAB. TOTAL _$ 1,192. ITEM 4. Description of Aircraft and Physical Damage Coverage hereunder: DEDUCTIBLES F.AA. SEATS PHYSICAL|PHYSICAL IN MOTION, CERT. MAKE AND MODEL NEAR INSURED | DAMAGE | DAMAGE BS SLR INGESTION, NO. BUILT|crew|pass COV. _PREMIUMS| OR MOORING IN328CP_| CIRRUS DESIGN SR22-G3 2008 | i| 315 475,000.|__F IS 4,068, 5 NILS NIL PHYSICAL DAMAGE Coverage Identified & Geen Perl Basle Net Hu Flight. ‘ iT i ' eril Bast: 10} F. Open Peril Basis Ground & Flight. Motion, PHYSICAL DAMAGE POLICY PREMIUM TOTAL $ 4,068. $ 5,260. ITEM 5. When in flight the aircraft will be operated only by pilots meeting the requirements endorsed in this policy. ITEM 6. The aircraft will be used only for the purposes indicated by "X" below (see Definitions). [x] "PLEASURE AND Business” | [_ | “CHARTER/AIR TAX" | |_| “COMMERCIAL” | [_| AS ENDORSED HEREON ITEM 7. The named insured is and shall remain the sole owner of the aircraft and the aircraft is not subject to any encumbrance other than as indicated herein. Endorsements and forms forming a part of this policy on its effective date: STARR AV PROVISIONS (3/06), STARR FORMS 10250, 10284, 10474, AVN48B, AVN46B, AVN38B, 10055, 1 10617, 20033, AVN2000A, 30002, 10539 Producer NATIONAIR INSURANCE AGENCIES, INC. 595 BELL AVENUE, CHESTERFIELD, MO 63006-3800 Countersigned (if required) (e) _ 7 Approved By 0020, 10138, 10007, At (Authorized Representative) By Date of Issue OCTOBER 18, 2012 (EM) (Authorized Representative) Starr AV Declarations (3/06) sf ¢ 10-29-12A08:17 RCVD