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Consent to Assignment 07/20/2016AMY REAVIIIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER MONROE COUNTY, FLORIDA DATE: September 14, 2016 TO: Don DeGraw, Director of Airports ATTN. • Yany Rodriguez Finance Analyst KWIA FROM. • Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller At the July 20, 2016 Board of County Commissioner's meeting the Board granted approval and authorized execution of Items: C9 Approval of time Extension only (no increase in original cost) with CDM Smith, Inc., for Task Order 2014-001 for Construction Administration Services for the Terminal Sewer Lateral project at the Florida Keys Marathon International Airport, to be completed 100% on or before September 30, 2016. C 12 Approval of Sixth Amendment of Lease between The Florida Keys Marathon International Airport and Jobe Materials, L.P. This amendment reduces the overall square footage of the hangar leasehold from 25,000 square feet to 15,528 square feet. This will reduce the annual rent from $10,762.70 to $6,672.87 (not including taxes) and transfer a 98 x 98 foot section of aircraft ramp from the lessee to the Airport, which will allow future aeronautical development. C 13 Approval of Lease Assignment, Assumption and Consent between Jobe Materials, L.P. and International City Developers, LLC for the Assignment of Lease of an aircraft hangar, adjacent ramp space, and adjacent land at The Florida Keys Marathon International Airport. C 19 Approval of a five year Rental Car Concession Agreement with the Hertz Corporation for the continued non-exclusive right to operate an automobile rental concession at the Key West International Airport providing $47,160.96 annual rent plus taxes and a 10% concession fee on gross revenue. Enclosed is a duplicate originals executed on behalf of Monroe County, for your handling. Should you have any questions, please feel free to contact me. cc: County Attorney Finance File 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305-295-3130 Fax: 305-295-3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146 LEASE ASSIGNMENT, ASSUMPTION AND CONSENT This LEASE ASSIGNMENT, ASSUMPTION AND CONSENT (the "Assi nment") is made and entered into as of July 20, 2016, by and between Jobe Materials, L.P., a Texas Limited Partnership ("Assignor"), International City Developers, LLC, a Florida Limited Liability Company ("Assignee") and the Board of County Commissioners of Monroe County, Florida ("Landlord"). WITNESSETH: WHEREAS, Assignor and Landlord are all of the parties to the leases, amendments, and agreements set forth on Exhibit A (collectively, the "Leases"); and WHEREAS, Assignor desires by this instrument to assign all of its rights, interests and obligations under the Leases to Assignee, and Assignee desires to assume all of Assignor's liabilities and obligations under the Leases, and Landlord desires to consent to such assignment and assumption, all upon the terms and conditions set forth here; NOW, THEREFORE, for valid consideration the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Assignment. Assignor hereby assigns, transfers and conveys unto Assignee all of Assignor's rights and interests under the Leases, and hereby assigns, transfers and conveys unto Assignee all of Assignor's obligations and liabilities under the Leases, effective upon the date the transaction between Assignor and Assignee closes. 2. Assumption. Assignee hereby assumes and agrees to pay, discharge and perform in a full and timely manner all of Assignor's liabilities and obligations under the Leases, effective upon the date the transaction between Assignor and Assignee closes. 3. Consent. Landlord hereby consents to the foregoing assignment and assumption, and releases Assignor from any liability or obligation under the Leases arising or incurred on or after the date of this Assignment. Landlord also hereby acknowledges and confirms to Assignee that: (i) Assignor and Landlord are all of the parties to each of the Leases; (ii) the Leases represent the entire understanding of the parties with respect to the matters that are the subject thereof, and have not been amended or otherwise modified; (iii) the Leases are in full force and effect in accordance with their terms, which terms have not been further modified; (iv) Assignor has paid to Landlord all amounts due and payable under the Leases to date and has performed all non -monetary obligations under the Leases to date; (v) to Landlord's knowledge, no defaults on behalf of either Assignor or Landlord have occurred and are continuing under the Leases, nor have any events occurred which with the giving of notice, the passage of time or both would constitute defaults under the Leases; (vi) there are no present charges, liens or claims of offset under the Leases; (vii) the address for notices to be sent to Landlord is as expressly set forth in the Leases; (viii) Landlord has no cause of action against Assignor arising out of any of the Leases, nor to the best of Landlord's knowledge does the basis for any cause of action exist; (ix) the term of the Leases shall terminate January 18, 2032; (x) the rent under the Leases currently is $6,672.87, plus tax per year; (xi) there are no additional capital expenditures other than those expressly stated in the Leases. 4. Full Force and Effect. The Leases shall continue in full force and effect and the Leases are ratified. In the event of a conflict between the terms of the Leases and this Assignment, this Assignment shall prevail. 5. Binding Effect. This Assignment shall not be effective unless and until the transaction between Assignor and Assignee closes. Thereafter, it be binding upon and shall inure to the benefit of Assignor, Assignee, Landlord, and their respective and permitted successors and assigns. 6. Counterparts. This Assignment may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute one agreement with the same effect as if the parties had signed the same signature page. [Signature Page Follows] 2 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first written above. 1 V /1237wor- - Wz MA Witnesses Jobe Materials, L.P. - Assignor Name: Title: International City Developers, LLC - Assignee By: Name: �i- f- G. �o S ✓ Title: CP Li BOARD OF COUNTY COMMISSIONERS OF MONROE CO Y, FLORIDA By: Mayor/Chairman o. : 3 c- c� mac: cn EXHIBIT A Exhibit A LEASE AGREEMENT FOR AIRCRAFT MECHANIC FACILITIES MARATHON AIRPORT THIS LEASE AGREEMENT is made and entered into on the day of 0 [�� , 2000, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, a political subdivision of the State of Florida, whose address is Marathon Airport, 9400 Overseas Highway, Marathon, FL 33050, hereafter County, Owner or Lessor, and TONY D'AIUTO, an individual, d/b/a Antique Aircraft Restorations, hereafter Lessee or Tenant. WHEREAS, the owners of various small private aircraft at the Florida Keys Marathon Airport (FKMAP), have requested that additional airplane mechanic services be made available at the FKMAP; WHEREAS, the FAA Advisory Circular entitled Exclusive Rights And Revised Minimum Standards For Commercial Aeronautical Activities dated April 7, 2000 contemplates the provision of the airplane mechanic services authorized by this lease; and WHEREAS, the County's Revised Standards for Commercial Aeronautical Activities, adopted by the County Commission on August 1, 1990, also contemplates the provision of the airplane mechanic services contemplated by this lease as long as certain capital improvements are made to the leasehold; now, therefore, WITNESSETH: IN CONSIDERATION of the mutual consideration and promises set forth below, the parties agree as follows: 1. a) The County leases to Lessee an undeveloped parcel of land at the FKMAP approximately 100' by 250', hereafter the premises. The premises are depicted on Exhibit A which is attached to this lease and made a part of it. The ingress and egress to the premises are also depicted on Exhibit A but are not part of the premises. The County covenants to keep open such ingress/egress or to furnish the Lessee with access approximately equal to that depicted on Exhibit A. o z � o b) The Lessee may only use the premises for aircraft, ertg-prpopellpf and accessory maintenance services described in subsection VI(D)(1) ca9. Count Revised Standards for Commercial Aeronautical Activities, a copy of whi ed o this lease as Exhibit B and made a part of it. No additional services rn p rforr d by the Lessee without the consent of the Board of County; ' m iora�rs. Notwithstanding Exhibit B, the Lessee acknowledges that all applicable<,prsieW c the County's Revised Standards are binding on the Lessee — whether or nof'bftfthe and incorporated by reference into this lease — and that the County's Board'f unty Commissioners may amend or modify the Standards during the term of this lease and that such amendments or modifications will be binding upon the Lessee. 2. a) The term of this lease is for twenty (20) years beginning on July 1, 2000 and ending on June 30, 2020 unless terminated sooner as provided herein. b) The rent is $7,500 per year ($.30 x 25,000 square feet = $7,500) or $625 per month. The rent may be paid annually or monthly. If the rent is paid annually, it must be paid in advance on or before July 1" of each year commencing with July 1, 2000. If the rent is paid monthly, it must be paid in advance on or before the first of each month commencing with July 1, 2000. Beginning on July 1, 2001 and on the first of July for every year thereafter, the annual rent (or each monthly payment) will be increased by the percentage in the increase of the national CPI index for the previous calendar year. Alternatively, the rent may be increased as provided in a rates and charges study prepared by an airport consultant and adopted by the Board of County Commissioners. All rental payments owed by the Lessee to the County that remain unpaid for more than 30 days will begin to accrue interest at a rate calculated from the original due date until the date the County actually receives the money. The interest rate is the one established by the Comptroller of the State of Florida under Sec. 55.03, FS, for the year in which the rental payment(s) became overdue. The right of the County to claim interest — and the obligation of the Lessee to pay it — are in addition to, and not in lieu of, any other rights and remedies that the County may have under this lease or that are provided by law. c) The Lessee acknowledges that, notwithstanding the lease term provided for in this paragraph and subparagraph 9(b), nothing in this lease creates any duty or obligation on the part of the County to the Lessee, or to any third persons, to keep the FKMAP open and operating. If the County elects to close the FKMAP and cease operations, then this lease will automatically terminate with no liability whatsoever on the part of the County to the Lessee or any third persons who may have a contractual or business relationship with the Lessee. The Lessee will have the obligation to pay rent up to the date of closure but will otherwise have no further duty or obligation under this lease. The Lessee may also remove any fixtures and improvements to the premises that would otherwise become the property of the County under subparagraph 3(b). This subparagraph 2(c) will survive the automatic termination of this lease if the FKMAP is closed. 3. a) By June 30, 2002, the Lessee must have built, and obtained a certificate of occupancy for, the facilities required by subsection VI(D)(4) of the County's Revised Standards for Commercial Aeronautical Activities, a copy of which is attached to this lease and incorporated as Exhibit B. In order to assure that the facilities are, in fact, timely completed, the Lessee must adhere to the following construction schedule: 1) By December 31, 2000, a complete application (complete as determined by the Monroe County Planning Department) for a conditional use must be filed with the Monroe County Planning Department; 2) By June 30, 2001, all necessary permits must have been received and facilities construction begun; 3) By June 30, 2002, the facilities must be complete, inspected and a certificate of occupancy received. The construction schedule set forth above are material terms and conditions of this lease. The failure of the Lessee to meet the construction schedule — at any step — is a material breach of this lease that entitles the County to terminate the lease under paragraph 10. The FKMAP Director may (but is under no obligation to do so) extend the construction schedule dates because of circumstances beyond the control of the Lessee such as hurricanes or other natural disasters. 2 b) At the end of the 20 year term of this lease, or if terminated sooner under paragraphs 9 or 10, the facilities required by this paragraph will become the property of the County without any payment due or owed the Lessee. During the term of this lease the Lessee must keep the premises and facilities, including the time while the facilities are under construction, free and clear of any liens or other encumbrances. If any lien or other encumbrance is filed on the facilities or premises, the Lessee must immediately cause the lien or encumbrance to be canceled and removed. c) When the facilities are nearing completion the County will provide paving from the taxiway to the premises' boundary line. The County is under no other obligation to furnish paving at the premises unless state or federal grant money becomes available for such paving and the Lessee is willing to pay any matching funds needed to obtain the grant. d) All utility services to the facilities are the responsibility of the Lessee. 4. During the first two years of this lease while the facilities required in paragraph 3 are under construction, the Lessee may provide the services described in subparagraph 1(b) from a mobile vehicle or on other parcels at the FKMAP where the Lessee has the permission of the tenant(s). The authorization provided by this paragraph 4 is temporary and terminates on June 30, 2002, unless the construction schedule for facilities has been extended by the FKMAP Director. 5. During the term of this lease the Lessee must keep in full force and effect the insurance required in Exhibit C. Exhibit C is attached to this lease and incorporated and made a part of it. 6. a) The Tenant for himself, his personal representatives, successors in interest, and assigns, as a 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 be otherwise subjected to discrimination, (3) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, 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. b) That in the event of breach of any of the above nondiscrimination covenants, Owner shall have the right to terminate the lease and to re-enter and as if said lease had never been made or issued. The 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. c) It shall be a condition of this lease, that the Lessor reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property hereinafter k described together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from or operating on the airport. d) That the Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the hereinafter described real property to such a height so as to comply with Federal Aviation Regulations, Part 77. e) That the Lessee expressly agrees for itself, its successors and assigns to prevent any use of the hereinafter described real property which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. f) This lease and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under which the Airport Owner acquired the subject property from the United states of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the lease of such lands from the Airport Owner, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the Owner pertaining to the FKMAP. g) Notwithstanding anything herein contained that may be or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the Lessor herein reserves the right to grant similar privileges to another Lessee or other Lessees on other parts of the airport. 7. The privileges and rights granted Lessee under this lease are non-exclusive. The County reserves the right to enter into leases with other lessees to provide the same or similar services at FKMAP. 8. The Lessee may terminate the lease without cause upon giving the County at least 60 days written notice. If the facilities are complete, they will automatically become the property of the County on the termination date; if incomplete, the facilities remain Lessee's property and the Lessee will cause them to be removed at his own cost before the termination date. 9. a) The Lessee may not assign this lease or sublease the premises without the approval of the County's Board of County Commissioners. b) The Lessee may terminate this lease based on the failure of the County to perform a duty or obligation required of it under the lease by sending written notice to the County specifying the failure and giving the County at least twenty days from the County's receipt of the notice to correct the failure. If the County does not timely correct its failure to perform, then the Lessee may terminate this lease by sending written notification to the County of the termination. A waiver by the Lessee of an act of the County's failure to perform does not constitute a waiver of subsequent failures and does not prevent the Lessee from subsequently terminating this lease for cause. 4 10. The County may terminate this lease based on the Lessee's failure to perform its duties and obligations under this lease by sending a written notice to the Lessee specifying the failure and giving the Lessee at least ten days to correct the failure. If the Lessee does not timely correct its failure to perform then the County may terminate this lease for cause by sending the Lessee written notification of the termination. The County's waiver of the Lessee's failure to perform its duties and obligations under this lease does not constitute a waiver of subsequent failures and does not prevent the County from subsequently terminating this lease for cause. 11. All written notices required under this lease must be sent certified mail, return receipt requested, to the following: Lessee Tony D'Aiuto, d/b/a Antique Aircraft Restorations 7500 Gulfstream Blvd. Marathon, FL 33050 Lessor Monroe County Florida Keys Marathon Airport 9400 Overseas Highway Marathon, FL 33050 12. Both parties have read and reviewed this lease agreement. Therefore, this agreement is not to be construed against any party on the basis of authorship. 13. This lease agreement is governed by the laws of the State of Florida and the United States. Venue for any litigation arising under this lease agreement must be in a court of competent jurisdiction in Monroe County, Florida. 14. This written lease represents the parties final mutual agreement and supersedes any prior agreements, whether written or oral. This lease agreement may only be modified by a written amendment signed by both parties. ESS WHEREOF, ritten above. ATTEST: jdairportantiqueaircraft parties hereto have executed this lease agreement on KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF `MONNROE COUNTY, FLORIDA By Mayor/Chairperson ANTIQUE AIRCRAFT RESTORATIONS By Tony D'Aiuto APPROVED As TO FORM AN OF v RO ERT pt 5 DATE �? W r P r_ 7 — 10 I SHADE HANGARS I ' EXTENDED RUNWAY EXISTING RPZ . • i `1 (20: 1) -.�_------.._.s--- -L - - L"' 1T WDWAY EL4 3.0' r _ �wf.y�fTA CG #Z g ' or fMMGAR '- .� ts..... .e MOT'PoNfl 1 FXHIBIT R AMENDMENT TO LEASE AGREEMENT TONY D' AIUTO d/b/a Antique Aircraft Restorations h de County, THIS AMENDMENT is mad entered into Cou,and TONY D'AIVTO d/b/a Antique this ntyl$ th day of —ataLQu—, 2002, by and between Monroe ty, hereafter Aircraft Restorations, Lessee or Tenant. WHEREAS, on the 14th day of June, 2000, the parties entered into a 20 year lease agreement, to allow lessee to construct facilities required by subsection VI(D)( ) ofthe County's Revised Standards for Commercial Aeronautical Activities for Aircraft, Engine, Propellor, and Accessory Maintenance Services at the Marathon Airport, hereafter original lease. Copies of the original lease are attached to this amendment and made a part of it; and WHEREAS, the parties desire to amend original agreement; now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Paragraph 3. a) of the original agreement is amended to read: 3. a) By December 31, 2002, the lessee must have built, and obtained a certificate of occupancy for, the facilities required by subsection VI(D)(4) of the County's Revised Standards for Commercial Aeronautical Activities, a copy of which is attached to the original lease and incorporated as Exhibit B of the original lease. In order to assure that the facilities are, in fact, timely completed, the Lessee must adhere to the following construction schedule: 1) By June 30, 2001, a complete application (complete as determined by the Monroe County Planning Department) for a conditional use must be filed with the Monroe County Planning Department; 2) By December 31, 2001, all necessary permits must have been received and facilities construction begun; 3) By December 31, 2002, the facilities must be complete, inspected and a certificate of occupancy received. The construction schedule set forth above are material terms and conditions of this lease. The failure of the Lessee to meet the construction schedule - at any step - is a material breach of this lease that entitles the County to terminate the lease under paragraph 10. The FKMAP Director may (but is under no obligation to do so) extend the construction schedule dates because of circumstances beyond the control of the Lessee such as hurricanes or other natural disasters. 2. Paragraph 4 of the original agreement is amended to read: 4. During the first two years and six months of this lease, while the facilities required in paragraph 3 are under construction, the Lessee may provide the services described in subparagraph i (b) from a mobile vehicle or on other parcels at the FKMAP where the Lessee has the permission of the tenant(s). The authorization provided by this paragraph 4 is temporary and terminates on December 31, 2002, unless the construction schedule for facilities has been extended by the FKMAP Director. 3. The Lessee will perform all maintenance in accordance with the Federal Environmental Protection Agency (EPA), the Florida Department of Environmental Protection (DEP) Regulations and Monroe County Marathon Airports National Pollution Discharge Elimination System permit and Storm Water Pollution Prevention Plan utilizing Best Management Practices. Copies of Regulations, Permits, Plans and Practice materials may be obtained at the Airport Administration Office 4. Except as set forth in this amendment to the original lease agreement in all other is the terms and conditions of the original agreement remain in full force and effect. WHEREOF, each party has caused this Agreement to be executed by its representative. NNY L. KOLHAGE, CLERK eputy Clerk ATTEST: Mtle4- Li1 LL- LLJ LAJ (� w o J C- `- o LftrMW ntiqueX N BOARD OF COUNTY COMMISSIONERS OF MONROE CO TY, FLORIDA By Mayor/Chairman TONY D'AIUTO d/b/a Antique Aircraft Restorations ArPROVED AS TO FORM A C OA7l-s",pFZ AMENDMENT TO LEASE AGREEMENT TONY D'AIUTO d/b/a Antique Aircraft Restorations THIS AMENDMENT is made and entered into this 19th day of February , 2003, by and between Monroe County, hereafter County, and TONY D'AIUTO d/b/a Antique Aircraft Restorations, Lessee or Tenant. WHEREAS, on the 14th day of June, 2000, the parties entered into a 20 year lease agreement, to allow lessee to construct facilities required by subsection VI(D)(4) of the County's Revised Standards for Commercial Aeronautical Activities for Aircraft, Engine, Propellor, and Accessory Maintenance Services at the Marathon Airport, hereafter original lease. Copies of the original lease are attached to this amendment and made a part of it; and WHEREAS, on the 18`h day of September, 2002, the County approved a 180 day extension to construct a maintenance hanger at the Florida Keys Marathon Airport; and WHEREAS, the Lessee has determined that a second extension of an additional 180 days is required in order to finish the construction of the maintenance hangar; now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: Paragraph 3. a) of the original agreement is amended to read: 3) By June 30, 2003, the facilities must be complete, inspected and a certificate of occupancy received. 2. Except as set forth in the amendment to the original lease agreement dated September 18, 2002, in all other respects the terms and conditions of the original agreement, as previously amended, remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) ATTEST: A Y L. KO RAGE, CLERK 1 By: eputy Clerk ATTEST: By: �, �, ka , Title:k ec� G;r�ot - LSD BOARD OF COUNTY COMMISSIONERS OF MONR/OE COUNTY, FLORIDA iL •L�Lt By: J,4�� Mayor/Chairman TONY D'AIUTO d/b/a Antique Aircraft Restorations By: T APPROVED AS TO FORM AY ROBERT FE DATE / — _ 0 THIRD AMENDMENT TO LEASE AGREEMENT TONY D'AIUTO d/b/a Antique Aircraft Restorations THIS THIRD AMENDMENT (hereinafter "Amendment") is made and entered into this 21st day of February, 2007, by and between MONROE COUNTY, a political subdivision of the State of Florida (hereinafter "County"), and TONY D'AIUTO d/b/a Antique Aircraft Restorations, (hereinafter Lessee or Tenant). WITNESSETH WHEREAS, on the 14th day of June, 2000, the parties entered into a 20 year lease agreement, to allow lessee to construct facilities required by subsection VI(D)(4) of the County's Revised Standards for Commercial Aeronautical Activities for Aircraft, Engine, Propellor, and Accessory Maintenance Services at the Marathon Airport, hereafter original lease. Copies of the original lease are attached to this amendment and made a part of it; and WHEREAS, the parties desire to construct a General Aviation (hereafter G.A.) apron upon Lessee's currently leased property; and WHEREAS, the County is willing to pay for 95 % using funding being provided by the F.A.A.; and WHEREAS, Antique Aircraft Restorations is willing to commit to funding the remaining 5% ; and WHEREAS, the County has entered into a contract for purposes of constructing a G.A. Apron upon Lessee's currently leased property NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree to amend the original lease as follows: 1. The County and the Lessee agree that if F.A.A. funds are used to construct a G.A. apron on the Lessee's currently leased premises, Lessee shall be responsible for payment of 5% of the total project costs. 2. The County agrees to pay for 95% of the all the construction costs of the G.A. apron as approved by the F.A.A. and using F.A.A. funds. Payment applications will be processed through the Airports Business office. Upon receipt of contractor's payment application, a copy will be provided to Lessee. Lessee shall furnish a check for 5% of the application amount to the Business Office. The Business Office will then forward the approved payment application, with the check from Lessee to the County Finance Department for review and payment. 3. All change orders must be approved by the F.A.A. If the Lessee wishes to proceed with a change order not approved by the F.A.A., then Lessee will be responsible for the entire cost of the item. 4. Any costs which exceed funding provided by the original F.A.A. grant will be paid entirely by the Lessee. Upon completion, the G.A. apron shall become the property of the County. 6. In addition to paragraph 10 of the original agreement, the County may treat the Lessee in default and terminate this amendment and the original June 14, 2000 1998 Lease Agreement if the Lessee fails to timely submit the payments required of it under paragraph 1,2,3 and 4 of this amendment, Before the County may terminate the Agreement under this paragraph, the County must give the Lessee written notice of the default stating that, if the default is not cured within 10 days of the Lessee's receipt of the written notice, then the County will terminate this Agreement. The termination of this Agreement does not relieve the Lessee from an obligation to pay whatever damage the County suffered because of the Lessee's default. 7. All other provisions of the June 14, 2000 original lease, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WIIEREOF, each party has caused this Amendment to Lease Agreement to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA R - ---- By eputy Clerk Mayor/Chairman ATTEST: TONY D'AIUTO dfb/a Antique Aircraft Restorations By By Title — - Ti MON COUNTY ORNEY o d p rn O DA PEDRO J ERCADO AS$ tD ;a Date c r' C-, C.) -sZ 'En •• r- i-tl un G N FOURTH AMENDMENT TO LEASE AGREEMENT TONY D'AlUTO d/b/a Antique Aircraft Restorations TFIIS FOURTH AMENDMENT (hereinafter "Amendment") is made and entered into this 18th day of _July _. 2007, by and between MONROE COUNTY, a political subdivision of the State of Florida (hereinafter "County"), and TONY D'AIUTO d-ba Antique Aircraft Restorations. (hereinafter lessee or 'I errant). WI TNESSETII WHEREAS, on the 14`h day of June, 2000, the parties entered into a 20 year lease agreement, to allow lessee to construct facilities required by subsection VI(D)(4) of the County's Revised Standards for Commercial Aeronautical Activities for Aircraft, Engine, Propellor, and Accessory Maintenance Services at the Marathon Airport, hereafter original lease. Copies of the original lease are attached to this amendment and made a part of it; and WHEREAS. on the 18`h day of September 2002 the County and the Lessee entered in to an amendment, attached hereto and made a part of, to the lease extending the date by which construction of the facilities had to be completed; and WFIFRFAS, on the 19the day of February 2003 the County and the Lessee entered in to a second amendment, attached hereto and made a part of, to the lease providing for a second extension of the completion date for the construction of the facilities; and WHEREAS, on the 21" day of February 2007 the parties executed the third amendment, attached hereto and made a part of, to the original lease agreement providing for the construction of a G.A. apron and setting forth the responsibilities of each party in connection therewith; and WHEREAS, the Lessee desires to provide additional aeronautical services that qualify as partial and individual services per the Monroe County Airport Minimum Standards Guidelines; and WHEREAS, the original lease requires that the Lessee obtain the County's consent before the Lessee can provide any services not agreed to in the original lease NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree to amend the original lease as follows: 1. Paragraph I .b) of the original lease is amended to read as follows: The Lessee may only use the premises for aircraft, engine, propeller and accessory maintenance, air charter, flight training and air tour services as described in subsections (V1. D. 1.), (VI. A.) and (V1. B.) of the County's Revised Standards for Commercial Aeronautical Activities, a copy of which is attached to this lease amendment and made a part hereof. No additional services may be performed by the Lessee without the consent of the Board of County Commissioners. The Lessee acknowledges that all applicable provisions of the County's Revised Standards for Commercial Aeronautical Activities are binding on the Lessee — whether or not attached and incorporated by reference in this lease — and that the County's Board of County Commissioners may amend or modify the Standards during the term of this lease and that such amendments or modifications will be binding upon the Lessee. 2. All other provisions of the June 14, 2000 original lease, September 18, 2002 lease amendment, February 19, 2003 lease amendment, and February 2151 lease amendment not inconsistent herewith, shall remain in full force and effect. INESS WHEREOF, each party has caused this Amendment to Lease Agreement to he my authorized representative. it +} 130ARD OF COUNTY COMMISSIONERS fATT A'1`Y L. KOLHAGE, CLERK OF MONROE COE1NTl', FLORIDA ` F3 Y eputy Clerk Mayor/Chairman ATTEST: TONY D'AIUTO d/b/a Antique Aircraft Restorations i M OE COUNTY PP VED(4f By Title EY ERCADO ISTANT C UNTY ATTORNEY-f 2 07 H O =� - �7 FIFTH AMENDMENT TO LEASE AGREEMENT TONY D'AIUTO d/b/a Antique Aircraft Restorations THIS FIFTH AMENDMENT (hereinafter "Amendment") is made and entered into this 19's day of January, 2012, by and between MONROE COUNTY, a political subdivision of the State of Florida (hereinafter "County"), and TONY D'AIUTO d/b/a Antique Aircraft Restorations, (hereinafter Lessee or Tenant). WTTNESSETH WHEREAS, on the 10 day of June, 2000, the parties entered into a 20 year lease agreement, to allow lessee to construct facilities required by subsection VI(D)(4) of the County's Revised Standards for Commercial Aeronautical Activities for Aircraft, Engine, Propeller, and Accessory Maintenance Services at the Marathon Airport, hereafter original lease. Copies of the original lease are attached to this amendment and made a part of it; and WHEREAS, on the 18'h day of September 2002 the County and the Lessee entered in to an amendment, attached hereto and made a part hereof, to the lease extending the date by which construction of the facilities had to be completed; and WHEREAS, on the 19th day of February 2003 the County and the Lessee entered in to a second amendment, attached hereto and made a part hereof, to the lease providing for a second extension of the completion date for the construction of the facilities; and WHEREAS, on the 21" day of February 2007 the parties executed the third amendment, attached hereto and made a part hereof, to the original lease agreement providing for the construction of a G.A. apron and setting forth the responsibilities of each party in connection therewith; and WHEREAS, on the 18`a day of July 2007 the parties executed the fourth amendment, attached hereto and made a part hereof, to the original lease agreement allowing Lessee to provide additional aeronautical services; and WHEREAS, on the 17a' day of June 2009 Lessee leased the former Mosquito Control Hangar from the County and relocated all of the Lessee's commercial aeronautical activities to the Mosquito Control Hangar, and WHEREAS, the hangar facility, which is the subject of the aforementioned original lease and its amendments, is no longer needed for commercial aeronautical activities; and WHEREAS, Lessee desires to convert the use of the hangar facility and the leasehold which is the subject of the aforementioned original lease and its amendments from commercial aeronautical to private use NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree to amend the original lease as follows: 1. Paragraph Lb) of the original lease is amended to read as follows: The Lessee may only use the premises for the storage, hangaring, and activities incidental thereof of Lessee's aircraft with the exception of the two (2) present tenants listed in the paragraphs below, who may continue their present activities only. This exception will terminate at the end of this lease period. a. Darren Crews — D.C. Aircraft Services; and b. Paul Goodwin — Conch Air Lessee is strictly prohibited from engaging in or otherwise providing any commercial activities as set forth in the minimum standards for commercial aeronautical activities by feed base operators and other aeronautical service providers at Monroe County airports in either the hangar or the ramp and apron area surrounding the hangar. Lessee shall not deny public use or access nor require payment of a fee whatsoever for public use or access to the ramp area surrounding the facility, as it is an FAA designated public use area. 2. Lessee agrees to pave an area, as depicted in Exhibit A attached hereto and made a part hereof, of approximately 6,258 square feet on southwest side of the existing hangar. Lessee shall be solely responsible for any and all costs and expenses associated with the design, permitting and paving of the apron area. Lessee shall be responsible for obtaining, and complying with, all permitting requirements for the paving of the apron area. Before beginning any activity incident to paving and/or construction, Lessee shall submit the apron paving plans to the Airport Manager for approval. Lessee may use either concrete or asphalt material for the apron surface. Lessee shall complete paving of the apron by January 19, 2014. Paving shall be deemed to have been completed when Lessee has called for and passed final inspection from the permitting authority(ies). Lessee agrees to connect the existing hangar facility to the Marathon Central sewer system at such time as central sewerage is available. Central sewerage will be deemed to be available upon notification, pursuant to City Ordinance, from the City of Marathon indicating that connection to the central sewerage system is available and/or required. Lessee shall be solely responsible for all costs and expenses associated with connection to the City of Marathon central sewerage system including the decommissioning of Lessee's septic/sewerage system. 3 If the Lessee does not pave the apron area or if the paving of the apron area has not been completed as set forth in paragraph 2 above, the term of the lease shall be as stated in the Iune 14, 2000 original lease. If the Lessee completes the paving of the apron as set forth in paragraph 2 above, Paragraph 2. a) of the original lease is amended to read as follows; 2. a) The term of this lease is for 20 years beginning on January 19, 2012 and terminating on January 18, 2032 unless terminated sooner as provided herein. 4. All other provisions of the June 14, 2000 original lease, September 18, 2002 lease amendment, February 19, 2003 lease amendment, and February 21" lease amendment not inconsistent herewith, shall remain in full force and effect. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 2 IN WITNESS WHEREOF, each party has caused this Amendment to Lease Agreement to be executed by its duly authorized representative. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK deputy Clerk ATTEST: By Jr-6-V64 Title BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor David Rice TONY D'AIUTO dJbla Antique Aircraft Restorations By Title aa5(�E 3 If Tres ee Exhibit A CONSENT TO ASSIGNMENT This Consent to Assignment is entered into this 19's 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: 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 r ' ,�, 201� 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. (SEAL) BOARD OF COUNTY COMMISSIONERS ,'-- ,ATTB3T: DANN. L. KOLHAGE OF MONROE COUNTY, FLORIDA �L Ad .001* '6erk Mayor David Rice ASSIGNEE ~ , 7 ! r7i ZD ca o Notary Public - State of Texas w My Commission Expires: :s VERONICA ROSARIO , _ _ :_•' Notary Public, State of Texas - c7 My Commission Expires 0: o (SEA-) JUNE 25, 2013 — o ASSIGNOR y: I a+Yt a- a! c=%ram ►' I /l (��1p By: Notary Public - State of Florida ny D'Z dWa Antique raft Restorations My Commission Expires: (SEAL) �TAMW Ll1MAtO E * , MY COMMISSION t EE 05W EXPIRES: July 4, 2013 +}''tan�t'p! Bad�dtkuBtidpetNolarySwMoQi 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 Liabiilty 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 January26, 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 $ Included, 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 0 2005 edalro MONROE COUNTY, FLORFDA Request For WoWer of Insurance Requirements It is requested that the insur ee requircmentr, as q=itie:d in the Cottttty'S Schedule of Insurance Recluirt vents, be waved or rrtodifled on the Atl lowing contrail. Coeluwtur: Jobs Materials, L.P. aircraft Banda=, Marathon, Airport, County of Munroe Conrnwtfor- 9400 Overaean Highway, Marathon, Florida 33050 Address of Contractor: 1150 Southyiew Drive Kl Paso, Texas 79926 Mow (9i5) 298-9900 -- Scope Of Wu& Ovnarah 1k of hangar for personal aircraft storage. Reason rot Waiver. Policies Waiver will apply to: Signature of Contractor. A The hangar will be used solely for storage of pgrsrmal aircraft. There are no tenants. Santaarluseperw Insurance Risk Matuytcvrcnl �1 1 •<_ .1� tLt7 Date l - County Adinull:drulor nplx:al' Approved - Rate: Board of County Cawnissiwwn uppeal: A pproveJ: Mccling Bate' AdmnnaruiM Inanutiai VIM Not Appruvod Not Approvetl- Nut Appnrved- -- -- It" 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, inconsideration 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 : iw2,L. Witness To 'Aiuto d/b/a Antique Aircraft -torations Printed 1 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. jam�. way Printed N NOM hok • two IdPM b N�tary Pue f DATE IWAMDNYYY) .4c - CERTIFICATE OF LIABILITY INSURANCE 01/19/2012 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 Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 endorsemen s . CONTACT PRODUCER NAME: PHONE--------_ - ---------.. -- FAX ----- ----- National Hangar Insurance Program_ --- •MAIL P O Box 3142 ADDRESS: Tulsa, OK 74101 ______ _ _INSUREJ%3AFFORDINGCOVERAGE__ _ _ _ NAIC9 INSURER A : Travelers Lloyds Company (TLC) INSURED INSURER B : Jobe Materials, L.P. INSURER C 1150 Southview Drive INSURERD: EL PASO, TX 79928 INSURERS: rnvenwn_ec reOTICIrATO IJIItU1CCQ• RFVISIAN N"MRFR- 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 TYPE OF INSURANCE -- ADDCI ---POLICY NUMBER --rM p Y EFFF POLICY EXP --- LIMITS LTR vivn A - GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 26777713 01I19/2012 01/19/2013 EACH OCCURRENCE -r— PREMISES (EaR n nceL__ I $1,000,000 S Excluded _ CLAIMS -MADE L x] OCCUR MED EXP (Any one person) S Excluded PERSONAL & ADV INJURY_- GENERAL AGGREGATE S Excluded S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s Excluded71 i --- $ POLICY 1 PRO. 'EcTLOC AUTOMOBILE LIABILITY ANY AUTO _ ALL OWNED -� ' SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS I � � ,. I I MBINED IN LE LIMIT Ea accident --_____.__ BODILY INJURY (Per person) ----- BODILY INJURY (Per accident) S --- —.....----------- S S —----- --- ------------ — PROPERTY DAMAGE P iUMBRELLA LIAR _ OCCUR EXCESS LIAR _ CLAIMS -MADE �DED RETENTION j _EACH OCCURRENCE AGGREGATE $ S $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N I A I WC STATU- OTH- i74ffi' LIMIT _ __1..ER E_ L EACH ACCIDENT _ -- E_L DISEASE EA EMPLOYE $ _ S_ If yea, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT S i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 7111, Additional Remarks Schedule, If more space Is requlrad) (1) Florida Kays Marathon Airport, 9400 Overseas Highway, MARATHON, FL 33050 Certificate Holder is added as Al as evidence by the CIS 20 11 01 96 form. Monroe County Board of County Commissioners Its Employees and Officials Attn: Risk Management 5100 College Road Key West, FL 33040 Additional Insured 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 © 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 coRd CERTIFICATE OF AIRCRAFT INSURANCE DATB(MMMONYYY) olne/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 Is an ADDITIONAL INSURED, the policy(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 endorsements . PRODUCER Halton Hall & Associates, Inc. 3012 SE Loop 820 Fort Worth, TX 76140 NAW CTJason Rile PHONE FAX 817-293 3530 ac No 24MLADRO rlle hattonhall.com PR. MOTDOUMC INSURERS AFFORDING COVERAGE % NAIC B INSURED Jobeco Materials, LLC; El Paso Industries, LLP; TAG Aviation, LLC 1150 SOUthview Drive El Paso, TX 79928 INSURER A: Berkley Aviation, LLC 40045 INSURER a INSURER C : INSURER D : INSURER E : INSURER P: 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: T REVISION NUMBER: POLICY TYPE LINE or BUSINESS SUBCOOE INDUSTRIAL AIDMPLEASURE & BUS COMMERCIAL AIRPLANE HELICOPTER MIXED FLEET EXCESS QUOTA SHARE NON -OWNED LIABILITY ONLY X HULL 8 LIABILITY HULL ONLY AIDNDAwr Iucf%DulATV1u AP'e%Dn iQ9 AI-06 Qwk.A..1- ."—k-A YEAR 2007 MAKE Cessna MODEL I Citation 510 Mustang SERIAL NUMBER I REGISTRATION NUMBER I N75ES TERRITORY: United States of America, Canada, Bahamas islands, Caribbean Islands or Mexico, or while being transported between parts thereof. LTI-ra-1Tn id.1TJ:J.r TN X1 INSURER LETTER I POLICY NUMBER BA-11-03-00088 EFFECTIVE DATE 03/17/2012 I EXPIRATION DATE 03/17/2012 ADDITIONAL INSURED? (YIN) Y SUBROGATION WAIVED? (YIN) Y COVERAGE OPTIONS LIMIT APPLIES To I LIMIT APPLIES TO AIRCRAFT HULL v ^ $ $2,100,000 $ $ AIRCRAFT LIABILITY X $ $1,000,000 $ EA OCC EA PASS $ N/A $ EA PER AGGR MEDICAL PAYMENTS X INCLUDING CREW EXCLUDING CREW $ 5,000 EA PER COVERAGE - TIONS il. APPLIES TO LIMIT APPLIES TO CODE DESCRIPTION s $ $ s $ $ s $ s $ $ DESCRIPTION OF OPERATIONS / REMARKS (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Additional Insured Aircraft: 2006 Robinson R44 Il, N518SJ - Hull Value- $350,000 and Liability Limit: $1,000,000 Single Limit BI & PD. 2009 Robinson R44 II, N518J - Hull Value: $350,000 and Liability Limit: $1,000,000 Single Limit BI & PD. 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 !^` C) 2009 ACORD CORPORATION. All rights reserved. ACORD 21 (2009/12) The ACORD name and logo are registered marks of ACORD