Okaloosa County BOCC — November 5, 2013 — USAF Lease of 3 7 acres to Okaloosa County for ARFF — reading text

RECEIVED NOY 27208°% ORIGINAL CONTRACT & LEASE INTERNAL COORDINATION SHEET Tracking Number: T4 3 -/ wp US. Are Foektle Grant Funcled: YES__. NO.K,. Contract/Lease Number: Contractor/Lessee Name: Purpose: LEASE FoR Luge srarionN LAND on EGLIM Date/tem: 25 yeas 1, (C] GREATER THAN $50,000 Amount: p 2, [] GREATER THAN $25,000 Department: A @Pe 27s 3, [E] $25,000 OR LESS Dept, Monitor Name: _/-LARAAAAI [ Ma RESIS Document has been reviewed and Includes any attachments or exhibits. Purchasing Review Date: _ fle Qh-/3 ry. Nee Risk Management Review net” v Fils V/s Fee MMA eal F Risk Manager or designee / Gbonly Attorney NN Following Okcloosa County approvel: Contract & Grant Document has been received: Dete: Contracts & Grants Manager 49 Lease No. USAF-AFMC-FTFA-14-2-0030 DEPARTMENT OF THE AIR FORCE LEASE FOR Eglin Air Force Base Fort Walton Beach, FL TO Okaloosa County, FL DEPARTMENT OF THE AIR FORCE LEASE Table of Contents CONDITIONS Page Number 1. Basic Lease Provisions..........sscccsssssesssecersnssessssccesscesszensscssees 1 2. Definitions 2 3. Easements and Right of Way. 2 4, Condition of Leased Premises 3 5. Reitt......ccccccsrsesscsessccevsenscccensscsssconecessseososcessesssesessosenssevenceees 4 6. ReSCrved .....ccsssscssssessecscorseserscarccsssoccenscecssssesccccessesseosscccessensescncesessccacaeseevesens oeee eens 4 7. Use of Leased Premises.......ccscocsssssssssssessscecscssvecessvecsssvecscsssnssossseeescones 4 8. Default and Termination 4 DQ, TAaxes...ccccoees . 5 10. Surrender of Leased Premises........ 6 11. Environmental Protection..........ccccsssssssssesnesssssvesssscssosssscsocssscessossvesssssssssssssasnsos 6 12. Maintenance of Leased Premises.........ccccccsccsesssccscsessscsenssosccssescccessesenscesssssnseeses 11 13. Damage to Government Proper ty.......ccccccscscccscrecssccrssecssscscsseccssensscsscccssceneenes 11 ‘14, Access.and Inspection. seseneceaseeeseees 11 15. General Indemnification by Lessee...........ccsssssssssccssssscsssvssercenssconsoncosessssesssenes 11 16. IMSUrance......cccccsscrssocersscscnrceasesscsesssssnssccsessessensenees oes 12 17. Compliance with Applicable Laws... : 15 18. Construction and Alterations 16 19. Utilities amd Services.........cccscscccsssscssnsssessssscssssssssscescssssssccsasessssesssoes 17 20. Notices.. 17 21. Assignments, Subleases, and Licenses............ 18 22, ReSOrved.......ccccccccccscccesscscsessssscovecescsscesecscnscccessccacccseoncesesccccsscccssessccsscocosccscessscene 18 23. DisPutess......cscsorscsscsssoorsscecssscssscvessescssssoncsscssssoessasssarsnecssensooessesseoresssvensnerssosesssness 18 24. General Provisions : 19 25. Restrictions on Use of Leased Premises 21 26. ReSCrved.....cccccccssscscssssccsssecscsorscscsssscsssscessnsccsssssccessscssssscsssssosssesssnssssneassscessssnssseoes 21 27. Amendments soseneceeesescassscsescessesacecesecees . 21 28. Government Control of Base 21 29. Liens and MOrtgages.......sssscseccrssssssssessrscesssesssecsensssssesssonsssversecsscsssesenssoes 22 30. Notice of Hazardous Substances... 23 31. Reporting to COMgYess.........ccccccsesscsssccrsrssenscsscesscsecesssesceessoes 23 32. Exhibits we 23 THIS LEASE is made as of the day of 20__, by and between the Secretary of the Air Force (hereafter the “Government”) and Okaloosa County, a political subdivision of the State of Florida existing under the laws of the State of Florida (hereafter the “Lessee”). The Government and the Lessee may be referred to jointly as the “Parties,” and each separately as a “Party.” The Secretary of the Air Force is entering into this Lease under the authority contained in 10 U.S.C. § 2667, NOW, THEREFORE, the Secretary of the Air Force, for the consideration set forth below, hereby leases to the Lessee the Leased Premises (as identified below), subject to the following conditions: 1. Basic Lease Provisions 1.1. Leased Premises. Approximately 3.7 acres of unimproved land on Eglin AFB adjacent to Taxiway H. Legal description at Exhibit A. 1.2. Term. 25 year(s), beginning on ,20__, (Term Beginning Date) and ending on ,20__, unless terminated as specified elsewhere in this Lease. 1.3. Rent. Lease is without monetary consideration. Lease consideration is described in paragraph 5 below. 1.4. Use. Okaloosa County will lease approximately 3.7 acres of unimproved land on Eglin AFB for the construction, operation and maintenance of an Aircraft Rescue and Fire Fighting Facility (““ARFF’”) for the purpose of providing ARFF services (“ARFF Services”) te both civilian and military aircraft operations at Eglin Air Force Base (“Eglin AFB”) and the Airport and for no other purposes, subject, however, to all applicable provisions of this Lease. Eglin AFB will operate and man the facility after construction. 1.5. Government’s Address. 96 CEG/CC 501 DeLeon Street, Suite 100 Eglin Air Force Base, FL 32542 1.6. Lessee’s Address. Okaloosa County Airports 1701 State Road 85 N Eglin Air Force Base, FL 32542 1.7. Environmental Baseline Survey (EBS) Date: 29 October 2013 2. Definitions 2.1. Air Force. The Department of the Air Force and all its components. 2.2. Airport. The Northwest Florida Regional Airport. 2.3. Leased Premises. The Leased Premises includes the real property on the Base as described in Exhibit A hereto and shown on Exhibit B hereto, together with the right of the Lessee and its officers, employees, invitees, licensees, agents, and contractors, in common with The United States, its officials and employees, and its other lessees, licensees, invitees, agents, and contractors, to use the streets, common driving areas, sidewalks, and walkways on the Base for access to and from public streets and highways (the “Leased Premises”), and certain personal property, if any, identified in Exhibit A (the “Personal Property”). The Government expressly reserves the right permanently to change, modify or eliminate, or temporarily to close, any portion or portions of common areas. The Personal Property is an integral part of the Leased Premises and may only be used by the Lessee in connection with its use of the real property included in the Leased Premises. The Lessee may not sell, transfer, donate, or otherwise dispose of any of the Personal Property, or remove any of the Personal Property for use elsewhere. 2.4, Federal Facility Agreement (FFA). An agreement between the Air Force, the U.S. Environmental Protection Agency (EPA), and the appropriate state authority with jurisdiction over the installation, for the environmental remediation of facilities, entered into in accordance with the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended, and implementing regulations. 2.5. Base Commander. The base installation commander, or equivalent senior officer, or his or her authorized representative, and his or her successors. 2.6. Installation Restoration Program (IRP). The Department of Defense-wide program to identify, investigate, and clean up contaminated areas on military installations. 3. Easements and Rights of Way 3.1. This Lease is subject to all existing easements, rights-of-way, and rights in the nature of an easement or right-of-way (collectively “Outgrants”) related to the Leased Premises. The Government shall have the right to grant additional Outgrants with respect to the Leased Premises. However, any additional Outgrants shall not be inconsistent with or shall not in any way impede the Lessee’s use of the Leased Premises under this Lease. 3.2. The holders of such Outgrants, present or future, shall have reasonable rights of ingress and egress over the Leased Premises in order to carry out the purpose of the Outgrant. These rights may also be exercised by workers engaged in the construction, installation, maintenance, operation, repair, or replacement of facilities located on the Outgrants, and by any Federal, state, or local official engaged in an official inspection of those facilities. 3.3. The United States and any successor or successors in interest in or to any premises owned or controlled by the Government and not included in the Leased Premises shall have the right of access to and from all or any part of those premises to the nearest public road or public way along roadways as described in Exhibit A and depicted on Exhibit B hereto, in common with other users of the Leased Premises, and all necessary and convenient rights of access to those roadways from contiguous parcels at no cost, but upon reasonable terms and conditions regarding use that the Lessee may impose. 3.4 Subject to the reasonable rules, regulations and directives of the Government, Lessee shall have rights of ingress to and egress from the Leased Premises and the Airport’s terminal area over the most direct and convenient routes and rights of way, including Eglin AFB airfield roadways, taxiways and taxilanes and ingress to and egress from the Leased Premises, and the Eglin AFB “Flying Facilities” over such same airfield roadways, taxiways and taxilanes, solely for the purpose of constructing, and maintaining the ARFF Facility. 4, Condition of Leased Premises 4.1. The Lessee agrees that it has inspected, knows, and accepts the condition and state of repair of the Leased Premises. It is understood and agreed that they are leased in an “as is, where is” condition without any representation or warranty by the Government concerning their condition, and without obligation on the part of the Government to make any alterations, repairs, or additions. The Government shall not be liable for any latent or patent defects in the Leased Premises. The Lessee acknowledges that the Government has made no representation or warranty concerning the condition and state of repair of the Leased Premises nor any agreement or promise to alter, improve, adapt, or repair them which has not been fully set forth in this Lease. 4.2. Prior to the Term Beginning Date, the following reports will be prepared by the Government and attached as exhibits: 4.2.1. A physical condition report (PCR) signed by representatives of the Government and the Lessee is attached to this Lease as Exhibit C. The PCR sets forth the agreed physical appearance and condition of the Leased Premises on the Term Beginning Date as determined from a joint inspection by the Parties. A videotape of the Leased Premises may be made by the Parties at the time that they inspect them for use in the preparation of the PCR. The videotape shall be preserved by the Government for the term of this Lease and for a period of one (1) year thereafter. 4.2.2. An environmental condition report (ECR), signed by representatives of the Government and the Lessee is attached to this Lease as Exhibit D. The ECR sets forth those environmental conditions and matters on and affecting the Leased Premises on the Term Beginning Date, as determined from the records and analyses reflected therein. 4.3. At the expiration or earlier termination or revocation of this Lease, the following reports will be prepared by the Government and attached as exhibits and made a part of this Lease within ten (10) business days after the Lessee vacates the Leased Premises: 4.3.1. An update of the PCR, signed by representatives of the Government and the Lessee, which shall be attached as Exhibit C-1 to this Lease, shall be completed on the termination of this Lease. The update of the PCR will set forth the agreed physical appearance and condition of the Leased Premises on the ending date of this Lease as determined from a joint inspection by the Parties. 4.3.2. An update of the ECR, signed by representatives of the Government and the Lessee, which shall be attached as Exhibit D-1 to this Lease, shall be completed on the termination of this Lease. The update of the ECR will set forth those environmental conditions on and affecting the Leased Premises on the ending date of this Lease as determined from the records and