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

analyses reflected therein. 4.4. In the event any information/data in any written report prepared pursuant to the provisions of Conditions 4.2 and 4.3 above (Condition Report Information/Data) conflicts with any information/data developed and used in connection with the FFA for the Base (FFA Information/ Data), the FFA Information/Data will take precedence over the Condition Report Information/Data. 5. Rent/Other Payments 5.1. As consideration for this Lease and in lieu of rent, the Lessee shall provide the Government the right to use, occupy, operate and maintain the ARFF Facility as described in separate operating agreement for the purpose of providing ARFF Services to both civilian and military aircraft operations as specified in Condition 1.4. 6. Reserved 7. Use of Leased Premises 7.1. The Lessee shall use the Leased Premises only for the purpose(s) described in Condition 1.4. The Leased Premises shall not be used for any other purpose without the prior written consent of the Government which consent shall not be unreasonably withheld or denied. The Lessee shall comply, at its own expense, with (a) all present and future laws, ordinances, rules, requirements, regulations and orders of The United States of America, the state where the Leased Premises are located and any other public or quasi-public federal, state, or local authority and/or any department or agency thereof, having jurisdiction over the Leased Premises and relating to the Leased Premises or imposing any duty upon the Lessee regarding the use, occupation, or alteration of the Leased Premises. The Lessee shal] not use or occupy the Leased Premises in any manner that is unlawful or dangerous or that shall constitute waste, unreasonable annoyance or a nuisance to the Government. . 8. Default and Termination 8.1. The failure to comply with any provision of this Lease, where such failure to comply continues for thirty (30) days after delivery of written notice by the Government to the Lessee shall constitute a default or breach of this Lease by the Lessee. If, however, the time required to return to compliance exceeds the thirty (30) day period, the Lessee shall not be deemed to be in default if the Lessee within such period shall begin and diligently pursue the actions necessary to bring it into compliance with this Lease in accordance with a compliance schedule acceptable to the Government. 8.2. No default or breach shall be deemed to have occurred for any period of time during which the Parties are attempting to resolve a dispute, pursuant to the procedures provided for in Condition 22, in relation to the actions or inactions which are the subject of the alleged default or breach. If pursuant to dispute resolution, the default or breach is determined to have occurred, the Lessee’s period for cure shall not begin until the day after the final decision on the dispute is issued. This Condition 8.2 shall not apply to a failure to comply with Conditions 1.3 or 5. 8.3. This Lease may be terminated as provided below in this Condition 8.3. No money or other consideration paid by the Lessee, or which may be due up to the effective date of termination, will be refunded or waived, as the case may be. The Lessee waives any claims or suits against the Government arising out of any termination of this Lease. 8.3.1. In the event of any default and breach of this Lease by the Lessee, the Director, Air Force Civil Engineer Center/Installations Directorate (AFCEC/CD, may terminate this Lease at any time after expiration of the cure period provided for in Condition 8.1 upon written notice of the termination to the Lessee. The termination notice shall be effective as of a date to be specified in the notice, which shall be at least seven (7) but not more than thirty (30) days after its receipt by the Lessee. 8.3.2. This Lease may be terminated by the Government for national defense purposes, by the sole determination of the Secretary of the Air Force. If the Secretary makes that determination, the Government will give the Lessee at least sixty (60) days prior notice, unless the determination involves an emergency, in which case the Lessee agrees to vacate and surrender the Leased Premises on ten (10) days’ prior notice. 8.3.3. In the event that during the Lease Term, the Joint-Use Agreement between Lessee and Government is terminated or non-renewed upon the expiration thereof, the Lessee shall have the right, upon thirty (30) days’ notice to the Government in accordance with Condition 20, to terminate this lease. 9. Taxes 9.1. The Lessee shall pay to the proper authority, when and as the same become due and payable, all taxes, assessments, and similar charges which, at any time during the term of this Lease, may be imposed upon the Lessee with respect to the Leased Premises. The requirement for consent of Congress to state and local taxation of the Lessee’s interest in the Leased Premises, whether or not the Leased Premises are in an area of exclusive Federal jurisdiction, is contained in 10 U.S.C. § 2667(e). Should Congress consent to taxation of the Government’s interest in the Leased Premises, this Lease shall be renegotiated. Each party shall have the right (a) to contest any such taxes, assessments or similar charges, and (b) to take such actions as may be necessary and appropriate (i) to contest the validity, applicability or amount thereof (ii) to minimize such taxes, assessments or charges or (iii) to assert any exemption which may be available with respect to taxes, assessments or charges imposed. 10. Surrender of Leased Premises 10.1. The Lessee shall vacate and surrender the Leased Premises to the Government on or before the date of expiration of the Lease, or its earlier termination. The Lessee shall remove all property not belonging to the Government or its agents or contractors from the Leased Premises and restore them to as good order and condition, reasonable wear and tear and damage beyond the control of the Lessee excepted, as that existing on the Term Beginning Date, subject to Condition 18 below. If the Lessee shall fail or neglect to remove its property, then, at the option of the Government, the property shall either become the property of The United States without compensation, or the Government may cause it to be removed and the Leased Premises to be so restored at the expense of the Lessee, and no claim for damages against The United States or its officers, employees, or agents shall be created by or made on account of such removal and restoration work. 11. Environmental Protection 11.1. Compliance with Law. The Lessee shall comply, at its sole cost and expense, with the Federal, state, and local laws, regulations, and standards that are or may become applicable to the Lessee’s activities on the Leased Premises. 11.2. Permits. The Lessee shall be solely responsible for obtaining at its cost and expense any environmental permits required for its operations under this Lease, independent of any _ existing permits. 11.3. Lessee Indemnification. The lessee shall, to the extent and as limited by the waiver of sovereign immunity provisions of section 768.28 Florida statutes, indemnify, defend, and hold harmless the government from, any damages, costs, expenses, liabilities, fines, or penalties resulting from releases, discharges, emissions, spills, storage, treatment, disposal, or any other acts or omissions by the lessee, its officers, agents, employees, or contractors, or licensees, or the invitees of any of them, giving rise to government liability, civil or criminal, or responsibility under federal, state, or local environmental laws. For purposes of this provision, the Lessee’s indemnification obligations to the Government shall not extend to any act or omission of the Government or any of its officers, agents, employees or contractors or licensees or the invitees of any of them. Nothing in this Agreement shall contractually obligate Lessee to exceed the limits of the limited waiver of sovereign immunity provided by Florida law. The foregoing is not intended to obviate the requirements to maintain insurance on the property and apply proceeds of the same pursuant to the requirements of Condition 16 hereof. This Condition shall survive the expiration or termination of this Lease, and the Lessee’s obligations hereunder shall apply whenever the Government incurs costs or liabilities for the Lessee’s actions of the types described in this Condition 11. 11.4. Inspection. The Government’s rights under this Lease specifically include the right for Government officials to inspect upon reasonable notice the Leased Premises for compliance with environmental, safety, and occupational health laws and regulations, whether or not the Government is responsible for enforcing them. Such inspections may be made without prejudice to the right of duly constituted enforcement officials to make such inspections. The Government normally will give the Lessee twenty-four (24) hours prior notice of its intention to enter the Leased Premises unless it determines the entry is required for safety, environmental, operations, or security purposes. The Lessee shall have no claim on account of any entries against The United States or any related officer, agent, employee, or contractor. 11.5. Asbestos. Except as provided in Condition 11.6 below, the Government is not responsible for any abatement, removal, or containment of asbestos. If the Lessee intends to make any Alterations (as hereinafter defined) that require the abatement, removal, or containment of asbestos, an appropriate asbestos management plan must be incorporated in the Alterations Plan and/or Utility Designs to be submitted to the Commander under Condition 18. The asbestos management plan will identify the proposed disposal site for the asbestos. 11.6. Abatement of Asbestos. The Government shall be responsible for the removal or containment of asbestos or asbestos-containing material (collectively, “ACM”) existing in the Leased Premises on the Term Beginning Date as identified in the ECR attached to this Lease as Exhibit D, when such ACM is damaged or deteriorated to the extent that, through normal use, it is a source of airborne fibers in such quantities that poses a threat to human health (“damaged or deteriorated ACM”). The Government agrees to abate all such existing damaged or deteriorated ACM as provided in this Condition 11.6. The Government may choose the most economical means of abating damaged or deteriorated ACM, which may include removal or containment, or a combination of removal and containment. The foregoing Government obligation does not apply to ACM which is not damaged or deteriorated ACM at the time the Lessee takes possession of the Leased Premises and that may become damaged or deteriorated ACM by the Lessee’s activities. ACM that later during the period of this Lease becomes damaged or deteriorated ACM through the passage of time, or as a consequence of the Lessee’s activities under this Lease, including but not limited to any emergency, shall be abated by the Lessee at its sole cost and expense. Notwithstanding Condition 11.5 above, in an emergency, the Lessce shall notify the Government as soon as practicable of its emergency ACM responses. The Lessee shall be responsible for monitoring the condition of existing ACM on the Leased Premises for deterioration or damage and accomplishing repairs pursuant to this Lease. 11.7. Environmental Liability of Lessee. Notwithstanding any other provision of this Lease, the Lessee does not assume any liability or responsibility for environmental impacts and damage caused by the Government’s use of toxic or hazardous wastes, substances, or materials on any portion of the Base, including the Leased Premises. The Lessee has no obligation under this Lease to undertake the defense of any claim or action, whether in existence now or brought in the future, solely arising out of the use