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Consent to Assignment 01/19/2012 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: February 3, 2012 TO: Reggie Paros, Manager Florida Keys Marathon Airport ATTN: Julie Thomson, Executive Assistant G✓r" FROM: Isabel C. DeSantis, D.C. ji )A At the January 19, 2012 Board of County Commissioner's meeting the following was approved: Item C30 Consent to Assignment by and between Monroe County, Florida, County, Tony D'Aiuto d/b /a Antique Aircraft Restorations, Assignor, and Jobe Materials, L.P., Assignee, regarding a parcel of land upon which the Assignor constructed a hangar facility. Enclosed is a duplicate copy of the above - mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File CONSENT TO ASSIGNMENT This Consent to Assignment is entered into this 19 day of January, 2012, by and between Monroe County, a political subdivision of the State of Florida, hereafter County, Tony D'Aiuto d/b/a Antique Aircraft Restorations, Assignor, and Jobe Materials, L.P., Assignee, the parties agreeing as follows: 1. The County leases to Assignor a 100 foot by 250 foot parcel of land upon which Assignor constructed a hangar facility, through an Agreement dated June 14, 2000, hereafter the original agreement, and amended on September 18, 2002, February 19, 2003, February 21, 2007, July 18, 2007 and October 19, 2011. The original agreement and amendments are attached and incorporated into this Consent to Assignment. 2. By a change of ownership effective '9 , 20a -from Assignor to Assignee, the Assignor assigned to Assignee /all the Assignor's rights, title and interest in the original agreement. 3. Monthly rent payments shall be made payable to Monroe County, and sent to the Airport Director's Office, 9400 Overseas Highway, Marathon Fl. 33050. 4. In consideration for such consent, the Assignee agrees to be bound by all the terms and conditions of the original agreement, as previously amended and as amended above. r . - • • -,- BOARD OF COUNTY COMMISSIONERS ATTEST DANNL. KOLHAGE OF MONROE COUNTY, FLORIDA , - . 1 • ' a..ERKI 4/ 0. 25 4 ..... ____— v '-` : - -41 1 .‘,..1: 1, ! , ■:- ' °` ' , s; _ lC lerk Mayor David Rice ASSIGNEE 1 `° r., — rri B y : By: / / IF - s • s Notary Public - State of Texas , ,� -fit; 0. • • _ w My Commission Expires: ; .�a V ERONICA ROSARIO - j i _ p ry: Notary Public, State of Texas _ �., : _ 2 ' My Comm Expires � 2 (SEAL) . " F ; �` JUNE 25, 2013 01 ASSIGNOR )f 7--- 1 - 1 ----4 �/1 a.Cfei dAfi "C2__ By: Notary Public - State of Florida ny D'Aiuto d/b/a Antique Aircraft Restorations My Commission Expires: •� C, (SEAL) j eV. !!"1, YAMAHA L AMARCIiE • I. ,. • 1 / t Y (SEA * >� _� * MY COMMISSION t EE 058280 ' • . I° tr 4 EXPIRES: July 4, 2013 '04'4.0,`0" Wens Budget Notary Berates ASSISTANT '00 , MERCADO MY ATTORNEY notes / </7 a / Aco d' CERTIFICATE OF LIABILITY INSURANCE oiil E(MDM/ NY'") 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 holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHNational Hangar Insurance Program wc° �_.No.Extl (A C.No): P 0 Box 3142 A ADDREDRE99: _ Tulsa, OK 741 01 INSURER(S)AFFORDING COVERAGE NAIC N INSURER A: Travelers Lloyds Company(TLC) INSURED INSURER B: _ Jobe Materials, L.P. INSURER C: 1150 Southview Drive INSURER D: EL PASO, TX 79928 JNSURERE: 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 TAADOLISUSR POLICY EFF POLICY EXP -- LTR TYPE OF INSURANCE I INSR WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY 2B777713 01/19/2012.01/19/2013 DAMAGE TO RENTED PREMISES(Ea occurrence) $Excluded CLAIMS-MADE X OCCUR MED EXP(Any one person) S Excluded — PERSONAL&ADV INJURY $Excluded _ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $Excluded i POLICY JE T LOC $ AUTOMOBILE LIABILITY CO aBIINEDISINGLE LIMIT(Ea $ ANY AUTO __ . .� BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS 1' r ( ) NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS 1 ���.., I (Per accident) $ $ UMBRELLA(JAB OCCUR Y EACH OCCURRENCE _ $ EXCESS LIMB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION - WC STATU- I OTH- AND EMPLOYERS'LIABILITY YIN TORY.LIMITS I _1_ER __ --- ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A --- (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under — ---- DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) (1) Florida Kays Marathon Airport, 9400 Overseas Highway, MARATHON, FL 33050 Certificate Holder is added as Al as evidence by the CG 20 11 01 96 form. CERTIFICATE HOLDER CANCELLATION Monroe County Board of County Commissioners Its SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Employees and Officials THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Risk Management 5100 College Road ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE Additional Insured ��a'87_ cl • ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ACORDs provided by Forms Boss.www.FormsBoss.com; (c)Impressive Publishing 800-208-1977 oR0 CERTIFICATE OF AIRCRAFT INSURANCE DATE(MMIDD/YYYY) 01/26/2012 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 le an ADDITIONAL INSURED,the pollcy(les)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 holder in Ileu of such endorsement(s). PRODUCER CONTNAME: Jason Riley Halton Hall&Associates,Inc, PION! 817_pg3-3530 FAX 820uL°'Ex°: INC,Not: 3012 SE LoopADDRESS: lriley©haitonhall.com Fort Worth,TX 76140 PRODUCER CUSTOMER ID II: _ INSURER(S)AFFORDING COVERAGE % NAIC C INSURED INSURER A: Berkley Aviation,LLC 40045 Jobeco Materials,LLC;El Paso Industries,LLP;TAG Aviation,LLC INSURER B 1150 Southview Drive INSURER C: El Paso,TX 79928 INSURER 0 INSURER E: INSURER F: 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. POLICY INFORMATION CERTIFICATE NUMBER: 1 REVISION NUMBER: POLICY TYPE LINE OF BUSINESS SUBCODE INDUSTRIAL AID X PLEASURE IL BUS I I COMMERCIAL AIRPLANE HELICOPTER MIXED FLEET EXCESS I I QUOTA SHARE -NON-OWNED LIABILITY ONLY x HULL&LIABILITY HULL ONLY AIRCRAFT INFORMATION ACORD 333,Aircraft Schedule attached YEAR MAKE MODEL SERIAL NUMBER REGISTRATION NUMBER 2007 Cessna Citation 510 Mustang N75ES TERRITORY: United States of America,Canada,Bahamas Islands,Caribbean Islands or Mexico,or while being transported between parts thereof. AIRCRAFT COVERAGES INSURER LETTER POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ADDITIONAL INSURED?(Y IN) SUBROGATION WAIVED?(V I NJ BA-11-03-00088 03/17/2012 03/17/2012 Y Y COVERAGE OPTIONS UNIT APPLIES TO LIMIT APPLIES TO AIRCRAFT HULL X - $ $2,100,000 $ AIRCRAFT LIABILITY X $ $1,000,000 EA OCC $ N/A EA PER - $ EA PASS $ AGGR MEDICAL PAYMENTS X INCLUDING CREW •EXCLUDING CREW $ S,000 EA PER COVERAGE • ytt� CODE DESCRIPTION " • TIONS \ r�y3CO�/t APPLIES TO $MIT APPLIES TO - - -3)'(L $ . - $ $ $ $ $ $ $ DESCRIPTION OF OPERATIONS/REMARKS (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Additional Insured Aircraft: 2006 Robinson R44 II,N518SJ-Hull Value:$350,000 and Liability Limit:$1,000.000 Single Limit 61&PD. 2009 Robinson R44 II,N518J-Hull Value:$350,000 and Liability Limit:$1,000,000 Single Limit BI&PD. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. its employees and officials AUTHORIZED REPRESENTATIVE • 5100 College Road Key West,FL 33040 j/j/%� 1 ©2009 ACORD CORPORATION. All rights reserved. ACORD 21 (2009/12) • The ACORD name and logo are registered marks of ACORD StarNet Insurance Company This endorsement changes the policy please review carefully LIABILITY FOR THE SALE OF AIRCRAFT. AIRCRAFT PARTS, FOOD AND BEVERAGE In consideration of an additional premium of $ Included, this endorsement modifies the policy to which it is attached as follows: The Company will promptly pay on behalf of the Insured all sums which the Insured becomes legally obligated to pay as damages because of Bodily Injury or Property Damage caused by an Occurrence during the policy period arising out of: a) the sale of relinquishment from exclusive written lease, by the Named Insured, of a scheduled Aircraft or any Aircraft sold or relinquished prior to the Policy Period; b) the furnishing to others, by the Insured, without intentional profit of any materials, parts, equipment, fuel or maintenance services, used for or in connection with Aircraft, Premises or Mobile Equipment; c) the furnishing to others, by the Insured, without intentional profit of food or beverages in connection with the operation of Aircraft or Premises. The insurance provided by this Coverage Part is excess insurance and will only apply if the Bodily Injury or Property Damage occurs away from the Insured's Premises, after physical possession of the Aircraft, materials, parts, equipment, fuel, food or beverages have been relinquished to others and any services have been completed. The Limit of Liability with respect to this coverage is $1,000,000 each Occurrence and aggregate and such limit is in addition to the limits for Aircraft liability. All other terms and conditions remain unchanged. This endorsement is part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown below. Date Issued' January 26, 2012 Policy Number: BA -11 -03 -00088 Issued To: Jobeco Materials, LLC, et al Effective Date: January 26, 2012 Endorsement No.: 13 Authorized Signature AL 74 98 04 10 © 2010 StarNet Insurance Company Page 1 of 1 Includes material copyrighted by Insurance Services Office, Inc , with its permission StarNet Insurance Company This endorsement changes the policy please review carefully AIRPORT OPERATIONS AREA AUTO COVERAGE ENDORSEMENT In consideration of an additional premium of $Included,, this endorsement modifies the policy to which it is attached as follows: The Company will promptly pay on behalf of the Insured all sums which the Insured becomes legally obligated to pay as damages because of Bodily Injury or Property Damage caused by an Occurrence arising out of the ownership, maintenance, use or entrustment to others of any "Auto" owned or operated by or leased, rented, or loaned to the Insured. This coverage shall apply only while the "Auto" is operating within the aircraft operations area (defined as within the security fenced area of the airport), or outside of the airport operations area if responding to an aviation emergency. The coverage provided by this endorsement: 1) shall not apply to the Insured's obligation under any No Fault, Uninsured Motorist or Underinsured Motorist law, 2) is excess of any other insurance available to the Insured. For purposes of this endorsement the following definitions apply: "Auto" means a land motor vehicle, trailer or semi - trailer designed for travel on public roads, including any attached machinery or equipment. But "Auto" does not include "Mobile Equipment ". Loss means direct and accidental Loss of or damage to tangible property. "Mobile Equipment" shall mean a land vehicle (including any machinery or apparatus attached) that is not subject to motor vehicle registration or is used exclusively on Premises owned by or rented to the Named Insured, but only while used on Premises and In connection with the maintenance or operation of Aircraft or Premises. The insurance provided by this coverage shall be excess over any other coverage available to the Insured. The Company's limit of Liability as respects this coverage is $1,000,000 each Occurrence. The above Limit of Liability is included within the policy Limit of Liability applicable to Liability Coverages, and is not in addition thereto. All other terms and conditions remain unchanged. This endorsement is part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown below. Date Issued: January 26, 2012 Policy Number: BA -11 -03 -00088 Issued To: Jobeco Materials, LLC, et al Effective Date: January 26, 2012 Endorsement No.: 14 Authorized Signature AL 74 280 04 10 © 2010 StarNet Insurance Company Page 1 of 1 Includes material copyrighted by Insurance Services Office, Inc , with its permission StarNet Insurance Company This endorsement changes the policy please review carefully ADDITIONAL INSURED ENDORSEMENT — AIRCRAFT LIABILITY It is hereby understood and agreed that the policy is amended as follows: The following is included as an Additional Insured under Aircraft Liability Coverages, but only with respect to the operations of the Named Insured. Schedule: Monroe County Board of County Commissioners Its employees and officials 5100 College Road Key West, FL 33040 All other terms and conditions remain unchanged. This endorsement is part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown below. Date Issued: January 26, 2012 Policy Number: BA -11 -03 -00088 Issued To: Jobeco Materials, LLC, et al Effective Date: January 26, 2012 Endorsement No.: 15 Authorized Signature AL 74 246 04 10 ® 2010 StarNet Insurance Company Page 1 of 1 Includes material copyrighted by Insurance Services Office, Inc , with its permission StarNet Insurance Company This endorsement changes the policy please review carefully PREMISES LIABILITY ENDORSEMENT In consideration of an additional premium of $ Includes(, this endorsement modifies the policy to which it is attached as follows: The Company agrees to pay on behalf of the Named Insured those sums which the Named Insured becomes legally liable to pay as damages because of Bodily Injury and Property Damage liability caused by an Occurrence during the policy period arising out of the ownership, maintenance or use of Premises. The definition of Premises set forth in the policy provisions is deleted and replaced with the following: "Premises" means such portions of airports and/or heliports used by the Named Insured directly in connection with the ownership, maintenance or use of any Aircraft including "Premises" owned, operated or maintained by the Named Insured. Coverage provided by this endorsement is secondary to and excess over any other valid insurance available and collectible by the Insured. The Company's limit of Liability as respects this coverage is $1,000,000 each Occurrence. All other terms and conditions remain unchanged. This endorsement is part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown below. Date Issued: January 26, 2012 Policy Number: BA -11 -03 -00088 Issued To: Jobeco Materials, LLC, et al Effective Date: January 26, 2012 Endorsement No.: 16 Authorized Signature AL 74 245 04 10 © 2010 StarNet Insurance Company Page 1 of 1 Includes material copyrighted by Insurance Services Office, Inc , with its permission / 2005 Edition j f MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, es specified in the County's Schedule of Insurance Reyuirments, be waved or modified an the following contract. Contractor: .bobs Materials, L.P. Aircraft Hangar, Marathon, Airport, County of Monroe Contract for. 9400 Overseas Highway, Marathan, Ploride 33050 Address of Contractor: 1150 Southviev Drive Kl Paso, Texas 19928 _ Phone: (915) 298 -9900 Scope of Wurk: Ovnerahip of hangar for personal aircraft storage. Reason for Waiver: The hangar will be used solely for storage of personal aircraft. There are no tenants. Policies Waiver Hangsrkeepera 1 nwuranc will apply to: { 4 X1 Signature of Contractor: V A ved < Not Approved Risk Mmtagcvrrnl Date County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting 1)ate: Admmtaratinn tncrnation t/ 7'410 1 1N Bill of Sale Know All Men By These Presents, That this 19th day of January, 2012 A.D., That Tony D'Aiuto d /b /a Antique Aircraft Restorations of the State of Florida, ( "Seller"), and Jobe Materials, L.P., a Texas limited partnership of the State of Texas, ( "Buyer"). Witnesseth, that Seller, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration paid to Seller by Buyer, receipt and sufficiency of which is hereby acknowledged, delivers, grants, bargains, sells and transfers forever to Buyer the following goods and chattels, to wit: Hangar building and all fixtures attached thereto located at the Florida Keys Marathon Airport, 9400 Overseas Highway, Marathon, Florida, which is subject to that certain lease agreement between Tony D'Aiuto d/b /a Antique Aircraft Restorations and the Board of County Commissioners of Monroe County, Florida dated June 14, 2000 as amended. Seller covenants to Buyer that Seller is the lawful owner of the said buildings and fixtures; that they are free from all encumbrances; that Seller has good right to sell that property, and that Seller will warrant and defend the sale of said building and fixtures unto the Buyer against the lawful claims and demands of all persons whomsoever. "Seller" and "Buyer" shall be used for singular or plural, natural or artificial, which terms shall include the heirs, legal representatives, successors and assigns of Seller and Buyer whenever the context so requires or admits. Signed, sea i and delivered in o presence: �� Seller: ,/ Printed Nam /t / j , w , LA , --- Witness To j /1'Aiuto d/b /a Antique Aircraft (-• ' • storations A Printed N. , e: 4 p Witness STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this 19th day of January, 2012 by Tony D'Aiuto d/b /a Antique Aircraft Restorations who is . ersonally know to me or who has produced as identification. /- JOHN J. WOLFE Printed N • : % /A. . 'vj " ��' Notary P • SSW of Rink Notary Pus is • • my Cam Wires Avg 13 au Comminbo • EE Ufa My Co i9sion Expires: