Fort Walton Beach Council agenda — 12-20-05 — reading text

and conditions of this permit. H. Asslanabilitv. This permit is not assignable or transferable, If the holder through death, voluntarY sale or transfer, enforcement of contract, foreclosure, or other valid legal proceeding ceases to be the owner of the improvements, this permit shalt terminate. 1 vI:.' .,ermlt f. ~ Limitation.. facJl~ or ~ conduct N01hi~_' n thi8 permit ~llows or q. implies permission to build or maintain any structure or I any unless '8~ activi\' ally ~rOVI~ ed for In this permit. Any use not speclfiCaJly Identified In thIS permit must be approved by the authonzed officer In the form of a new permit or permit amendment II. TENURE AND ISSUANCE OF A NEW PERMIT A. Exniration at the End of the Authorl7ed Perind. This permit will expire at midnight on 12131/ 2005: Expiration shall occur by operatiOn of law and shall not require notice, any decision document or any environmental analysis or other documentation. B. Minimum Use or OccuDsncv of thA Pennit ArAa. Use or occupancy of the permit area shall be exercised at least 365 days each year, unless otherwise authorized In writing under additional terms of this permit. C. Notification to AuthorI7ed Officer. If the holder desires Issuance of a new permit after 8)( piration, the holder shall notify the authorized officer in writing not less than six (6) months to the prior expiration date of this permit D. Conditions for Issuance of Ii New Permit At the expiration or termination of an existing permit, a new permit may be issued to the holder of the previOus permit or to a new holder subject to the following conditions: The authorized use is compatible with the land use allocatiOn in the Forest Land and Resouroe Management Plan. 2. The permit area Is being used for the purposes previously authorized. 3. The permit area is being operated and maintained In accordance with the provisions .of the permit 4. The holder has shown previous good faith compliance with the terms and conditions of an prior or other existing permits, and has not engaged in any activity or transaction contrary to Federal contracts, permits, laws, or regulation. E. Discretion of Forest Service Notwithstanding any provisions of any prior or other permit, the authorized officer may prescribe new terms, conditions, and stipulations when a new permit is issued. Th~ decision whether to issue a new permit to a holder or successor in interest is at the ' absolute discretion of the Forest Service. F. Construction. Any construction authorized by this permit may commence by nand shall be completed by DLa. If construction is not completed within the prescribed time, this permit be revoked or may suspended. III. RESPONSIBILITIES OF THE HOLDER A. ComDliancs with Laws R8(JUlatlons and other Leoal R8f]uirements. The holder shall comply with all applicable Federal, State, and local laws, regulations, and standards, Including but not limited to, the Federal Water Pollution COntrol Act, 33 U. 5. 0. 1251 ~., the Resource Conservation and Recovery Act. 42 U. S. C. 6901 ~., the Comprehensive Environmental Response, Control, and liability Act, 42 U. S. C. 9601 ~., and other relevant environmental taws, as wen as public health and safety laws and other laws relating to the siting, construction, operation, and maintenance of any facility, improvement, or equipment on the property. B..E.! awi. Plans for development, layout, construction, reconstruction, or alteration ofimprovements on the permit area, as well as revisions of such plans. must be prepared by a qualified individual acceptable to the authorized officer and sball be approved In writing prior to commencement of work. The holder maybe required to furnish as- built plans, maps, or surveys, or other s/mUar information, upc. m completion of construction. . C. Maintenance. The holder shail maintain the improvements and permit area to standards of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized officer and consistent with other provisiOns of this authorization. If requested, the holder shall comply with inspection requirementS deemed appropriate by the authorized officer. D. Hazard Analvsis The holder has a continuing responsibility to identify all hazardous conditions on the permit area which would affect the improvements, resources, or pose a risk of Injury to individuals. Any non-emergency actions to abate such hazards shall be performed after consultation with the authorized officer. In emergency situations, the holder shall notify the authorized officer of its actions as soon as possible. but not more than 48 hours, after such actiOns have been taken. 2  E. Chanoe of AddreM. The holder shall immediately notify the authorized officer of a change in address. F. Chanas In Ownarshic. ThIs permit 18 not assignable and terminates upon change of ownership of the Improvements or control of the business entity. The holder shall Immediately notify the authorized offICer when a change in ownership or control of business entity is pending. Notification by the present holder and owner shall be executed using Form potential 2700-3, Special Use Application and Report. or Fann FS- 2700- Sa FS.. Request for Tenninatlon of and Application for Special- Use Pennit. Upon receipt of the proper documentation the authorized officer may Issue a permit to the party who acquires ownership Of. or a controlling Interest in, th~ Improvements or business entity. ' IV~ LIABILITY For purposes of this section, includes the holder'S heirs, assigns, agents, employees, and contractors. Itholde'" A. The holder assumes all risk 011os8 to the authorized improvements. B. The holder shall indemnify, defend, and hold the United States harmless for any violations incurred under any such laws and regulations or for Judgments, cfaims, or demands assessed against the United states in connection with the holder's use or occupancy of the property. The holder's indemnification of the United States shall include any loss by personal injury, loSs of life or damage to prope~ in connection with the occupancy or use of the property during the term of this permit. Indemnification shan Include, but Is not limited to, the value of resources damaged or destroyed; the cos1S of restoration, cleanup, or other mitigation; fire suppression or other types of abatement COS1S; third party claims and judgments; and all administrative, Interest, and other legal costs. This paragraph shall survive the termination or revocation of this authorization, regardless Of cause. C. The holder has an affirmative duty to protect from damage the land, property, and interests of the United States. D. In the event of any breach of the conditions of this authorization by the holder, the authorized officer may, on reasonable notice, cure the breach for the account at the expense of the holder. If the Forest Service at any time pays any sum of money or does any ~ which will require payment of money, or incurs any expense, including reasonable attorneys fees, In instituting, prosecuting, andlor defending any action or proceeding to enforce the United States rights hereunder, the sum or sums so paid by the United States, with alllntereslS, costs and damages shaD. at the election of the Forest Service, be deemed to be additional fees hereunder and shall be due from the holder 10 the Forest Service on the first day of tha month fOllowing such election. E. With respect to roads. the holder shall be proportionally liable for damages to all roads and 1ralls of the United States open to public use caused by the holder's use to the same extent as provided above, except that liability shall not include reasonable and ordinary wear and tear. F. The Forest Service has no duty to inspect 1I1e permit area or to warn Of hazards and, if the Forest Service does inspect me permit area. it shall incur no additional duty nor