Okaloosa County BOCC — September 16, 2014 — Destin Water Users Attachment — reading text

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 24: 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 25: 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 26: LEGAL DESCRIPTION See Exhibit “A”. SECTION 27: RENEWAL OF LEASE At the termination of the Lease, 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 five (5) fiscal years. b. RENT: Rent for the additional term shall be mutually agreed upon by the parties. c. NOTICE: LESSEE shall give COUNTY at least one hundred eighty (180) days written notice prior to the termination of this lease of its intent to exercise the option to renew. SECTION 28: ENTIRE LEASE This LEASE consists of the following: Sections 1 to 28. 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 CHARLES K. WINDES, JR CHAIRMAN ATTEST: GARY J. STANFORD DEPUTY CLERK OF CIRCUIT COURT OKALOOSA COUNTY, FLORIDA Som WaiiolsmrBonmnran TOM WEIDENHAMER PRESIDENT “ WITNESS “Lea Cait 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 TOM WEIDENHAMER 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. ord Sworn and subscribed before me this 3 day of , 2014, AD. Sackel OBatmar— NOTARY My Commission expires: RACHEL P, BOWMAN MY COMMISSIGN # FF 073635 = EXPIRES: February 27, 2018 Bonded Thru Notary Public Underwriters EXHIBIT “A” K:\SURVEY\ 112\11229.10\dwg\DRIP FIELDS 6-23~14.dwg, Aug 13, 2014 ~ 1:45:44PM, cchestnut EASTERLY R/W LINE OF MAIN STREET P.0.B. NORTHERLY CORNER OF LAKESIOE VILLAGE SUBDIVISION, PHASE 1 (PLAT BOOK 5, PAGE 142) NORTHERLY UNE OF LAKESIDE VILLAGE LAKESIDE VILLAGE (PLAT BOOK 5, PAGE 142) PINE RIDGE TRACE TOWNHOMES (PLAT BOOK 7, PAGE 61) SOUTHERLY LINE OF AIRPORT PROPERTY & NORTHERLY LINE OF PINE RIOGE TOWNHOMES OFFICE ADDRESS | tipp0.10 BASKERV ILLE- PENSACOLA," FLORIDA 32502 DRAWN BY; FCC DONOVAN, INC. PHONE NO. (850) 438-9661 ‘py. RSM FAX NO. (850) 433-6761 | CHKO By: DESCRIPTION & SKETCH A PORTION OF TOWNSHIP 2 SOUTH, RANGE 22 WEST, OKALOOSA COUNTY, FLORIDA PREPARED FOR & CERTIFIED TO: DESTIN WATER USERS INC. SCALE 1" = 300’ NN R/W —— RIGHT-OF-WAY P.0.B. —— POINT OF BEGINNING \ \ dea yw S C 0 T ‘4, os Seen vo Met, SSB VG hn : 28 cy % th shawn h red in compliance with the Minimum Technical Pane) : 2 ala star ae at ft yh Fa sort of Professional Surveyors jand : Bt NO. 2008 aie & F DESCRIPTION ter = ida Administrative Code, pursuant to Section 34 Oxe Ae Eg No a z DATE vPPSAT2.OU7 Florida Statutes to the best of my inowledge and belief. co ZS DALE “OF ony : FOR: BASKERVILLE DONOVAN, INC, CORPORATE NUMBER 0340 cb #topioh, F Fatt wpe h_, 8/13/14 “ntl SURN Rae a wre ER ITPA wat’® PROFESSIONAL SURVEYOR AND MAPPI LICENSE NO. 5509 SHEET _1_or__2 K:\SURVEY\ 112\\11229.10\dwg\DRIP FIELDS 6~23~14.dwg, Aug 13, 2014 — 1:45:02PM, chestnut <7 DONOVAN, INC. Pron: eee) sense! [cuca on ay OFFICE ADDRESS JOB NO. 68307.01 BASKERV ILLE- PENSACOLA, "FLORIDA 32502 DRAWN By: _FCC DESCRIPTION — AIRPORT EFFLUENT DISPOSAL AREA (AS PREPARED BY BASKERVILLE-DONOVAN, INC.) BEGIN AT THE MOST NORTHERLY CORNER OF LAKESIDE VILLAGE SUBDIVISION PHASE |, AS RECORDED IN PLAT BOOK 5 AT PAGE 142 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE PROCEED SOUTH 38 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID LAKESIDE VILLAGE, ALSO BEING THE SOUTHERLY LINE OF DESTIN AIRPORT PROPERTY A DISTANCE OF 1381.95 FEET; THENCE DEPARTING SAID SOUTHERLY LINE, PROCEED NORTH 52 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 350.00 FEET; THENCE PROCEED NORTH 38 DEGREES 00 MINUTES 00 SECONDS WEST PARALLEL TO SAID SOUTHERLY LINE OF AIRPORT PROPERTY A DISTANCE OF 1546.03 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF MAIN STREET (100° R/W); THENCE PROCEED SOUTH 26 DEGREES 53 MINUTES 06 SECONDS WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 386.55 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PROPERTY IS SITUATED IN TOWNSHIP 2 SOUTH, RANGE 22 WEST, OKALOOSA COUNTY, FLORIDA AND CONTAINS 11.763 ACRES MORE OR LESS. GENERAL NOTES 1. NORTH AND THE SURVEY DATUM SHOWN HEREON IS BASED ON A PREVIOUS SURVEY BY THIS FIRM, PROJECT NO. 011201-112, DATED 9/27/88, THE PLAT OF LAKESIDE VILLAGE SUBDIVISION AS RECORDED IN PLAT BOOK 5, PAGE 142, THE PLAT OF PINE RIDGE TRACE SUBDIVISION AS RECORDED IN PLAT BOOK 7, PAGE 60 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA AND EXISTING FIELD MONUMENTATION. 2. NO TITLE SEARCH, TITLE OPINION, OR ABSTRACT WAS PERFORMED BY NOR PROVIDED TO THIS FIRM FOR THE SUBJECT PROPERTY. THERE MAY BE DEEDS OF RECORD, UNRECORDED DEEDS, EASEMENTS, RIGHTS-OF—WAY, BUILDING SETBACKS, RESTRICTIVE COVENANTS OR OTHER INSTRUMENTS WHICH COULD AFFECT THE BOUNDARIES OR USE OF THE SUBJECT PROPERTY. 3. THE SKETCH SHOWN HEREON WAS PREPARED FOR DESCRIPTION PURPOSES ONLY AND IS NOT INTENDED TO REPRESENT A BOUNDARY SURVEY. 4, THIS IS A NEW PARCEL SURVEYED PER THE CLIENT'S REQUEST. SHEET _2 —, ACCORD | nd CERTIFICATE OF LIABILITY INSURANCE OP ID: 73 DATE (MM/DDIYYYY) 09/05/2014 DESTI-4 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. If SUBROGATION IS WAIVED, subject to 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 hoider in lieu of such endorsement(s), PRODUCER Hays of North Florida P&C 4399 Gommon Drive East ‘Nave. Brian B. Squire (Ale, No, Exy; 850-460-2434 [FAX wo): 850-460-2435 Suite 200-B EMAIL Destin, FL 32541 ADDRESS: ; Brian B. Squire _. INSURER(S} AFFORDING COVERAGE NAIC # : . : iNsurer a; Philadelphia Indemnity Ins Co 18058 INSURED Destin Water Users INSURER B: P 0 Box 308 ° : Destin, FL 32540 INSURER ¢ : INSURERD: _ _ 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 !S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR ~~ DOL SUBR ; CV EEF | POLGVE tte TYPE OF INSURANCE iNeR WD POLICY NUMBER (anioore ye) (ARON) LiMITS | GENERAL LIABILITY | EACH OCCURRENCE $ 1,000,000 A |X| COMMERCIAL GENERAL LIABILITY x PHPK1117119 01/01/2014} 01/01/2015 BRE ee coe) 5 100,000 | CLAIMS-MADE [x | OCCUR MED EXP (Any one.person) | $ 5,000) —— PERSONAL & ADVINJURY {3 1,000,000) — _GENERAL AGGREGATE o_ 2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG | $ 2,000,000 [eouey! | reer mi $ | AUTOMOBILE LIABILITY engender) NOE uIMIT Ts 1,000,000 A | X{ any auto PHPK1117119 01/01/2014 | 01/01/2048 | BODILY INJURY (Per person) | $ | | Atos NEP | AUTOS BODILY INJURY (Per accident)! § ; A ¥ ___| HIRED AUTOS _| AUTOS eae TY DAMAGE 3 5 Xj umerewauas | X | occur EACH OCCURRENCE $ 5,000,006 A EXGESS LIAB CLAIMS-MADE PHUB445784 01/01/2014 | 01/04/2015 | accrecaTE 5 pep |_| rerentions $ WORKERS COMPENSATION [WC STATE BaF AND EMPLOYERS’ LIABILITY YIN ewww ORY LIMITS | LER Fo _ ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT $ OFFICER/IMEMBER EXCLUDED? [| NIA : (Mandatory in NH} EL. DISEASE - EA EMPLOYEE! $ If yes, describe under DESCRIPTION OF OPERATIONS belaw E.L. DISEASE - POLICY LIMIT | $ the Destin Airport DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is listed as additional insured for the Goverage as required by written contract for the lease of land located at general liabiltiy CERTIFICATE HOLDER CANCELLATION Okaloosa County 602-C North Pearl Street Crestview, FL 32536 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORYANCE WITH THE POLICY Fpsions. eis AUTHABIZED REMRESENTATIVE Brian B. Squire ACORD 25 (2010/05) ' © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and fogo are registered marks of ACORD CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: Tracking Number: JOB ~]Y- ( Grant Funded: YES «NO ~ Contractor/Lessee Name:_-” J o AGAR Luan Lhaerr, a »s Cc Purpose (2, Larme,| etter. dure eb call [een Date/Term:__ 7 | xe i LG 1. [Greater THAN $50,000 Amount: 4 ro] | AT2. cass Fleagl- 2. LJ Greater THAN $25,000 Department: Ap | 3, LJ $25,000 or Less Dept. Monitor Name-Q-Lme [n ren