Okaloosa County BOCC — August 24, 2013 — Grant of Easement exhibits — reading text

coverage agreement. X ADDITIONAL COVERED PARTY - OWNERS OF LEASED EQUIPMENT SECTION Il - WHO IS A COVERED PARTY is amended to include any person(s) or organization(s) (hereinafter called Additional Covered Party) with whom you agree in a written equipment lease or rental agreement to name as a Covered Party, but only with respect to liability arising out of the sole negligence of the Covered Party, and only while such equipment is in the care, custody or control of the Covered Party, or any employee or agent of the Covered Party. The coverage afforded to the Additional Covered Party does not apply to: (1) “Bodily injury” or “property damage” occurring after you cease to lease or rent the equipment; (2) “Bodily injury” or “property damage’ arising out of any negligence of the Additional Covered Party; (3) Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Covered Party; (4) Liability assumed by the Additional Covered Party under any contract or agreement; (5) “Property damage” to: (a) Property owned, used, occupied by, or rented to the Additional Covered Party; (b) Property in the care, custody or control of the Additional Covered Party or its employees or agents, or of which the Additional Covered Party, its employees or agents are for any purpose exercising physical control. PGIT 902 (10 08) Page 1 X ADDITIONAL COVERED PARTY - MANAGERS OR LESSORS OF PREMISES SECTION II - WHO IS A COVERED PARTY is amended to include any person(s) or organization(s) (hereinafter called Additional Covered Party) with whom you agree in a written agreement to name as a Covered Party, but only with respect to liability arising, in whole or in part, out of the “premises” leased to you by such person(s) or organization(s). The coverage afforded to the Additional Covered Party does not apply to: (1) “Bodily injury’ or “property damage” occurring after you cease to be a tenant in that “premises”; (2) “Bodily injury” or “property damage” arising out of any negligence of the Additional Covered Party; (3) Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Covered Party; (4) Liability assumed by the Additional Covered Party under any contract or agreement; (5) “Property damage” to: (a) Property owned, used, occupied by, or rented to the Additional Covered Party; (b) Property in the care, custody or control of the Additional Covered Party or its employees or agents, or of which the Additional Covered Party, its employees or agents are for any purpose exercising physical control. Notwithstanding any other provision of this agreement, nothing in this agreement shall be construed as a waiver of the Covered Party’s sovereign immunity nor shall any provision of this agreement increase the liability of the covered party, or the sums for which the covered party may be liable, beyond the limits provided in §768.28, Florida Statutes. PGIT 902 (10 12) Page 2 EXHIBIT E —- ENVIRONMENTAL CONDITIONS Environmental Baseline Survey for the Roberts Boulevard 36’ Force Main Project, Fort Walton Beach, Florida, RCS 12-602 and RCS 12-603 dtd October 2012 Federal Agency Coastal Zone Management Act (CZMA) Negative Determination EXHIBIT F - ENVIRONMENTAL USE RESTRICTIONS An Environmental Baseline Survey, RCS 12-602 & RCS 12-603 “Environmental Baseline Survey for the Roberts Boulevard 36” Force Main Project”, was completed on October 2012 and addresses the pertinent environmental issues. The Applicant for this action is responsible for implementing all applicable management requirements identified in the above referenced Environmental Baseline Survey at Exhibit E. Due to changing environmental conditions and/or regulations, the assigned Categorical Exclusion (CATEX 19) for this proposed action will expire 07 Sept 2017. If proposed action is not implemented by 07 Sept 2017, a new AF Form 813 must be submitted. The Coastal Zone Management Act Determination concurrence was received 06 September 2012. The FDEP agrees that the proposed action meets the requirements of the Florida Coastal Management Program. State Clearinghouse Staff noted that the proposed sewer main will likely require issuance (or modification) of a domestic wastewater collection/transmission system permit by the Department's Northwest District Office in Pensacola. In addition, any onsite or offsite improvements associated with the project that impact Florida Department of Transportation (FDOT) right-of-way on SR 189 will require the appropriate FDOT permits. Required permits may include utility, access management, drainage or other permits depending on the work planned. For further assistance and information on permitting requirements, contact Mr. Russell Brown, 96 CEG/CEVCE, at (850) 882-7660. The CZMA Determination and the FDEP concurrence are attached at Exhibit E. For further assistance, please contact Kelly Knight, 96 CEG/CEVSNW, at (850) 883-5525. A gopher tortoise survey is required prior to project initiation at least one month prior to any ground disturbance. If tortoise burrows are found to conflict with the proposed project site, and cannot be avoided, the tortoise(s) must be relocated. The Applicant is responsible for funding wildlife related efforts (i.e. surveys, habitat protection, monitoring, or reports) required by law. Applicant must obtain their own qualified contractor. Applicant must provide gopher tortoise survey results and any tortoise relocation must be coordinated through Eglin Natural Resources. Please contact Bruce Hagedorn, 96 CEG/CEVSN, at (850) 882-8421. Applicant must coordinate with Eglin Natural Resources Forestry Section prior to any tree removal as trees may be merchantable. Please contact Mr. Al Sutsko, 96 CEG/CEVSNF, at (850) 883-1129 or Mr. Scott Hassell, 96 CEG/CEVSNF, at (850) 883-1126. Coordinate project with Elizabeth Martin, Confined Spaces Program Manager, at (850) 882- 7350, for permit-required confined spaces. Ensure Applicant utilizes appropriate best management practices to prevent erosion and sediment ladened runoff from leaving the site. Obtain any applicable water quality permits and coordinate with Russell Brown, 96 CEG/CEVC, at (850) 882-7660 or Taylor Tidwell, 96 CEG/CEVC, at (850) 882-7655. When conducting any land clearing operations on Eglin, all vegetative debris must be disposed of in one of the following methods: mulching and spreading on site, hauling to a landfill, or burning using an air curtain incinerator. If burning with an air curtain incinerator, all Florida laws must be adhered to and Eglin's Natural Resources Section, Fire Management Element at (850) 882-6233 must be notified each day that burning is being conducted. Grantee is required to obtain an approved AF IMT 103, Base Civil Engineering Work Clearance Request (also known as a Dig Permit), prior to performing any digging or ground disturbing activities on Eglin AFB. Please contact the Civil Engineering Customer Service Desk at (850) 882-8347. Grantee is required to contact the Range Operations Control Center at (850) 882-5800 and obtain a Z Number prior to entering Eglin ranges.