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

liability for identified or non- identified hazards. This covenant may be enforced by the United States in a court of competent jurisdiction. V. TERMINATION, REVOCATlpN, AND SUSPENSION A. General. For purposes of thi$ permit. ter"mination", " revocation-, and . suspensionu refer to 1I1e cessation of uses and privileges under the pennlt. T ermination- refers 10 the cessation of the permit under 118 own terms without the necessity for any decision or action by the authorized officer. Termination occurs automatically when, by the tenns of the permit. a fixed or agreed upon condition, event. Of time occurs. For example, 1I1e permit terminates at expiration. Terminations are not appealable. Revocation- referS to an action by the authoriZed officer to end the permit because of noncompliance with any of the prescribed terms, or for reasons in the public interest Revocations are appealable. 3  Suspension- refars to a revocation which is temporary and the privileges may be occurrence of prescribed actions or conditions. restored upon the Suspensions are appealable. B. Revocation or Suao9nsinn. The Forest Service may suspend or revoke this permit In whore or part for: 1. Noncompliance with Federal, State, or Iocallaw$ and regulations. fr 2. 3. Noncompliance with the tenns and conditions of this permit Reasons in the public interest 4. Abandonment or other failure of the holder to otherwise exercise the privileges granted. C. Oooo~ nitv to Take COlTectNs Actinn. P~ r to revocation or suspension for cause pursuant to Section V ( 8), the authonzed officer shall give the holder wr1tten notice of the grounds for each action and a reasonable time, not to exceed 90 days, to complete the corrective actiOn prescr1bed by the authorized officer. D. Removal of ImDmvemenm. Prior to abandonment of the improvements or within a reasonable time following revocation or termination of this authorization. the holder shall prepare, for approval by the authorized officer, an abandonment plan fOr the permit area. The abandonment plan shall address removal of improvements and restoration of the permit 'area and prescribed time frames for these actions. If the holder fails to remove the improvements or res1Dre the site within the prescribed time period, they become the properw of the United States and may be sold, destroyed or otherwise disposed of without any liability to the United States. However, the holder shall remain liable for aD cost associated with their removal, Including costs of sale and Impoundment, cleanup, and restoration of 1118 site. VI. FEES A. Termination for NonDavment. This permit shall automatically terminate without the necessity of prior notice when land use rental fees are 90 calendar days from the due date in arrears. . B. The holder shall pay an annual fee of SIX- TWO-HUNDRED AND TWENlY-THREE Dollars THQUSAND.. 6, 223. 00 DOllars) for t'he period from Januarv 1 2001 to Decembsr 31. 2001 and thereafter annually on Januarv 1, ($ 6.223. 00\: Provided, charges for this use shall be made or readjusted whenever necessary to place the charges on a basiscommenaurate with the fair market value of the authorized use. C. Pavment Due Date. The payment due date shall be the close of business on Januarv 1 of each calendar year payment Is due. Payments due the United States for this use shall be deposited at USDA - FS, C/ O Bank of America, File 71652. P. O. Box 60000. San Franctsco. CA 94180-1652, in the fonn of a check, draft,or money order payable to " Forest Service, USDA.. Payments shall be credited on the date received by the designated Forest Service collection officer or deposit location. If the due date for the fee or fee calculation statement falls on a non workday, the charges shall not apply until1he cJose of business on the next wOrkday. D. Late Pavment Interest. Administrative Costs and PenaltiAA Pursuant to 31 U. S. C. 3717, et seq., Interest shall be charged on any fee amount not paid within 30 days from the date the fee or fee calculation financial statement speclfled in this authorization becomes due. The rate of Interest assessed shall be the higher of the rate of the current value of fUnds to the U. S. Treasury . ( i. e., Treasury tax and loan account rate), asprescribed and published by the Secretary of the Treasury in the Federal Register and the Treasury FIscal Requirements Manual Bulletins annually or quarterly or at the Pro:mPt Payment k;t rate. Interest on the principal shall accrue. from the date the fee or fee calculation,financial statement is due. In the event the account becomes delinquent. administrative costs to cover processing and handling of the delinquency will be assessed. A penalty of 6 percent per annum shall be assessed on the total amount delinquent in excess of 90 days and shall accrue from the same date on which interest charges begin to accrue. Payments will be credited on the date received by the designated collection officer or deposit location. If the due date for the fee or fee calculation statement falls an anon-workday, the charges shall not apply until the close of business on the next workday. 4'  Disputed fees are due and payable by the due date. No appeal of fees will be considered without full payment of the disputed amount by the Forest Service Adjus1men1S, if necessary, will be made in accordance with setdement terms or the appeal decision. If the fees become delinquent, the Forest Service will: Liquidate any security or collateral provided by the authOrization. If no security or collateral Is provided, the authorization will terminate and the holder will be responsible for delinquent fees as well as any other costs of restoring the site to its original condition waste cleanup. Including hazardous Upon terrrUnation or revocation of the authorization, delinquent fees and other charges associated with the authorization will be subject to aU rights and remedies afforded the United States pursuant to 31 U. S. C. 3711 et seq. Delinquencies may be subject to any or all of the following conditions: Administrative offset of payments due the holder from the Forest Service. Delinquencies in excess Of 60 days shall be referred to United States Department of Treasury for appropriate collection action as provided by 31 U. S. C. 3711 (g), 1). ( The Secretary, of the Treasury may offset an amount due the debtor for any delinquencY as provided by 31 U. S. C. 3720, at ssq.) VII. OTHER PROVISIONS A. Members of q;. NO Merrmr of or ConorAA.. Delegate to Congress or Resident Commissioner shall benefit from this permit either directly or indirectly. except when the authorized use provides a benefit to a general corporation. B. Aooeals and Remedies. Any discretionary decisions or determinations by the authorized officer are subject to the appeal regulations at 36 OFR 251, Subpart C, or revisions thereto. C. Suoenor Clauses. In the event of any conflict between any of the preceding printed clauses or any provision thereof and any of the following clauses or any provision thereof, the preceding printed clauses shall conll'ol. D. Nondiscrimination In Emolovment and Services. During the performance of this authorization, the holder agrees: 1. In connection with the performance of work under this authorization, InclUding construction, maintenance, and operation of the facility, the holder shall not discriminate against any employee or applicant for efT1)loyment because of race, color, religion, sex. national origin, age, or disability. ( Ref. Title VII of the Civil Rights Act of 1964. as amended). 2. The holder and employees shall not diScriminate by segregation or otherwise against any person on the basis of race, color, religion, sex. national origin, age, or disability, by curtailing or refusing to furnish accommodations, facilities, s' ervices, or use privileges offered to the public generally. ( Ref. Title VI of the Civil Rights Act of 1964. as amended; Section 504 of the Rehabilitation Act Of 1973; Tnte IX of the Education Amendments. and the Age Discrimination Act of 1975). 3. The holder shall include and require compliance wi1h the aboVe nondiscrimination provisions in any subcontract made With. respect to the operations under this authorization. 4. When furnished by the Forest Service. signs setting forth this pOlicy of nondiscrimination wHl be conspicuously displayed at the public entrance to the premises, and at other exterior or interior locations as directed by the For~ t Service. 5  10'..... 5. The Forest service shall have the right to enforce the foregoing nondiscrimination proVisions by suit for specific perfonnance or by any other available remedy under the laws of the United States 01' the State in . which the breach or violation occurs. V E. Regulatino