Okaloosa County BOCC — February 7, 2017 — PCP Aviation Amendment Three — reading text

CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number:.__ Lp® —0336~ 4p Tracking Number; 22007 Grant Funded: YES___ NOI_/ Contractor/Lessee Name: AP /flvm'/u'a/. LLL Purpose: Heisont Hrer, Date/Term: 3-pr-21 1. ] GREATER THAN $50,000 2. [] GREATER THAN $25,000 Amount: _ # Y $2700 srrvely s fo Department: Y. d ‘ 3. [J $25.000 OR LESS Dept. Monitor Name: 5/59;/;“-:1:/ Document has been reviewed and includes any attachments or exhibits. Purchasing Review Procurement requirements are met: i %— L//fijfi : Date: ’Z’;Z‘”ZZ | Purchasing Director or designee Zan Fédorok, Charles Powell, DeRita MaSon Risk Management Review Approved as written: ¢l Lr re A (/?[)i » %fi/flfl/@.‘ M Date: M ? Risk Mbnoger or é!'ésignee Laura Porter or Krystal King B County Attorney Review e emal) dfed 1f10) %7 Approved as written: Date; Gregory T. Stewart, Lynn Hoshihara, Kerry Parsons or Designes County Attorney Following Okaloosa County approvai: Confract & Grant Document has been received: Date: Contracts & Grants Manager Dave Miner From: Parsons, Kerry <KParsons@ngn-tally.com> Sent: Tuesday, January 10, 2017 3:06 PM To: Dave Miner Cc: Krystal King; Charles Powell; Greg Kisela; Lynn Hoshihara Subject: RE: Amendments for Coordination Allied Global Ventures-PCP Aviation- Hanger 6 These are approved for legal sufficiency. From: Dave Miner [mailto:dminer@co.okaloosa.fl.us] Sent: Tuesday, January 10, 2017 3:47 PM To: Parsons, Kerry Cc: Krystal King; Charles Powell; Greg Kisela Subject: RE: Amendments for Coordination Allied Global Ventures-PCP Aviation-Hanger 6 Ms. Parsons: Changes accepted. Amendment One to Allied Global Ventures | changed to Amendment Five to Allied Global Ventures. Thank you. Dave From: Parsons, Kerry [mailto:KParsons@ngn-tally.com] Sent: Tuesday, January 10, 2017 8:25 AM To: Dave Miner Cc: Krystal King; Charles Powell; Greg Kisela Subject: RE: Amendments for Coordination Allied Global Ventures-PCP Aviation-Hanger 6 Attached Please find my revisions. From: Dave Miner [mailto:dminer@co.okaloosa.fl.us] Sent: Monday, January 09, 2017 11:35 AM To: Charles Powell; Greg Kisela Cc: Parsons, Kerry; Krystal King Subject: Amendments for Coordination Allied Global Ventures-PCP Aviation-Hanger 6 Amendment One Allied Global Ventures, Amendment Three PCP Aviation, and Amendment One Hanger 6. Charles please start coordination for these three Amendments. You will receive the originals in distro today. 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." AMENDMENT THREE OF LEASE L08-0336-AP PCP AVIATION, LLC HANGAR LEASE AT THE DESTIN EXECUTIVE AIRPORT This Third Amendment of Lease made and entered into this day of , 2017, hereby approves amendments for lease L08-0336-AP (“Assignment of Lease Agreement”), dated September 21, 2015, by PCP AVIATION, LLC. (“Lessee”), and Okaloosa County, Florida through its Board of County Commissioners (hereinafter the “County”). WITNESSETH: WHEREAS, on September 21, 2015, Lessee entered into an Assignment of Lease for Lease Agreement, L08-0336-AP with the County for Hanger Space at the Destin Executive Airport with a current expiration date of March 15, 2023; 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, O 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, $2,500.00 (less than eleven 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 1.08-0336-AP, is deleted and replaced as follows: Lessee shall pay in advance an annual ground lease fee established by an independent appraisal. 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 EIGHTEEN (3,018) square feet at ONE DOLLAR AND FIFTY CENTS ($1.50) per square foot per year for a total annual cost of FOUR THOUSAND FIVE HUNDRED TWENTY Page 1 of 5 L08-0336-AP SEVEN DOLLARS ($4,527.00) plus state sales tax and County non-ad valorem taxes. 2. Section 11 titled “Care of Leased Premises” of L08-0336-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 L08-0336-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 L08-0336-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 L08-0336-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 L08-0336-AP, 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) Page 3 of 5 L08-0336-AP IN WITNESS WHEREOF, the parties hereto have executed this renewal and amendment as of the day and year first written. OKALOOSA COUNTY Carolyn N. Ketchel, Chairman Date: ATTEST: 1.D. Peacock 11, Clerk DATE: LESSEE Rupert Phillips pDate: | /1717 /7 Witness U Page 4 of 5 L08-0336-AP ACKNOWLEDGMENTS STATE OF Flon ‘a/@ COUNTY OF wo [t Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared RUPERT PHILLIPS 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. Jh — Sworn and subscribed before me this /7 day of Jan M&LI/JGI , 2017, AD. MY COMMISSION # GO 054015 \ < EXPIRES: Docenber 26, 2020 NOTARY Aeapd® Bonded Tho Budget Notay Sonces My Commission Expires: [ Z/ 2 / 2020 Page 5of § L08-0336-AP Destin Executive Airport Hangar Lease Tiered Buy Down Option Program [.essee PCP Aviation, LLC Block 5 Lot 3 Lease # L08-0336-AP Current Board Approved Ground Rate: $2.75 Date Approved: 9/21/2015 Current Escalated Rate: $2.77750 Date Escalated: 9/30/2016 Remaining Lease Term: 6.45 Expiration Date: 3/15/2023 Init: !Z% Init: Print Name (12\) Paflf E. Phups Signature Date No. 0069 P 2 PCPAVIAT-0 DMCDONALD Jul. 29 2016 10:58AM DATE {(MM/DD/YYYY) i . ‘ _ ‘ ACCORL CERTIFICATE OF LIABILITY INSURANCE B THIS CERTIFICATE IS ISBUED A8 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 POLIGIES BELOW. THIS GERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A GONTRACT BETWEEN THE IS8UING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: [f the certificale holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION |8 WAIVED, subject to the terme and condltlons of tha pollcy, cartaln policles may require an endorsement. A statement on this certlficate does not confer rights to the cartiflcate holder In lisu of such endorgement(s). PRODUCER figay“ e, 0 Donin Offlce PIONE - (850) 650-1050 7% xar (850) 6509268 Destin, FL 32641 A%RESS. INGURER(3} AFFORDING GOVERAGE NAIG # wsurer A: Evanston Insurance Company 35378 INSURED INSURGR B ; PGP AviatlonLLC INSURER & ¢ 42 Business Centre Dr Suite 101 INSURER D Miramar Baach, FL 32550 INSURERE = INSURER F 2 COVERAGES GERTIFICATE NUMBER: REVISION NUMBER: THIS 1S TO GERTIFY THAT THE POLICIES OF INSURANGE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ARQVE FOR THE POLICY PERIOD INDICATED. NOTWATHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEGT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TQ ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS. POLICY EXP TSR ADDL{SUER] PQLICY EEF LR TYPE OF INSURANCE 1HER | WyD POLICY NUMBER (RO [MMIDD/YYYY) LIMITS — A | X | coMMERCIAL GENERAL LIABILITY EACH OGCURRENGE § 1,800,000 | cLamsmoe [ X] ocour X | [3EF095S 0811112016 | 08/11/2017 [ TARRCETORENTED 1 100,000 I MED EXP (Any one persan) | & 5,000 L PERSONAL & ADVINJURY | § 1,000,000 | GEN'LAGGREGATE uwmppuas PER: GENERAL AGOREGATE g 2,000,000 || roLiey D JECT D Loc PRODUCTS « COMPIOR AGG | § OTHER: § AUTOMOBILE LIABILITY COVBNED SNGLR LN | 5 ANY AUTC BODILY INJURY (Perpersor) | § [ | ALL OWNED SCHEDULED . || adtos ag}:’o SWN o Eggflg’ f?;l:)RY (P;; acaidenm) | § HIRED AUTOS AUTOS RN ¥ % UMBREWLALIAB | | ocour EACH OGCURRENCE 3 EXCESS LiAB