Okaloosa County BOCC — January 18, 2013 — reading text

affect the mission of the military installation. This buffer area is the same vicinity that the Board and OCWS have been committed to future water supply. We are currently at the land acquisition stage in order to secure land to be used for a reservoir, water treatment plant, wetlands mitigation, and associated infrastructure such as pipelines, pump stations, an intake structure, and the needed utilities. The benefit to the County is that the land acquired with these REPI funds can be used for expanded watershed protection for future water supply, as well as additional acreage for wetlands mitigation. In August 2011, the BCC approved and executed the first Readiness and Environmental Protection Initiative (REPI) for $550,000. In January 2012, the BCC approved and executed another REPI Agreement for $200,000. The agreement for consideration is for further Air Force REPI money for $200,000 to be used for a land purchase for buffering and environmental conservation in the same Shoal River vicinity as mentioned above (see Exhibit B). Okaloosa County’s “match” is $200,000 cash plus half of the allowable transaction costs (AKA closing costs), which could be up to another $20,000 from Okaloosa County. Okaloosa County will then be reimbursed for the $200,000 from the recently obtained Defense Infrastructure Grant (DIG). All land purchased with this agreement will go into a Restrictive Use Easement, and then ultimately OCWS and NWFWMD intend to use the land for future wetland mitigation for the future water supply plan. This REPI Agreement shows the intent that Okaloosa County has to partner with the Air Force. In the event that negotiations do not pan out as hoped or that the Restrictive Use Easement would hinder our ability for future wetlands mitigation, the REPI agreement could be terminated. Packet Pg. 205  7.3.a The Agreement is attached, along with the following exhibits: Exhibit A - Legal Descriptions Exhibit B - Map Exhibit C - Procedures As this agenda request is being written, County Contract Review is ongoing and may be completed before the January 8 BCC Meeting. OPTIONS: Approve or deny. RECOMMENDATIONS: Staff recommends BCC approval for the Chairman to execute the "Agreement for a Deed of Easement" with the Air Force, contingent upon successful approval of the County Contract Review process. Staff also requests that the BCC authorize the Chairman to execute subsequent funding related documents and any future modifications related to this Agreement. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 206  7.3.a.a AGREEMENT FOR A DEED OF EASEMENT UNDER 10 U.S.C. § 2684a Attachment: Agreement for Deed (1266 : REPI Phase 3 Agreement between OCWS and the Air Force) 1. Date. This Agreement is dated ______________, 2013. 2. Parties. The seller is Okaloosa County (the “Eligible Entity”), a political subdivision of the State of Florida , having a mailing address at 1804 Lewis Turner Boulevard, Suite 300, Fort Walton Beach, FL 32547. The acquirer is The United States of America, acting by and through the Secretary of the Air Force, having a mailing address at Eglin AFB, 501 DeLeon Street, Eglin AFB, FL 32542 (the base representing the “Air Force”). 3. Premises. The Eligible Entity agrees to transfer to the Air Force a deed of easement relating to land described on Exhibit A and depicted on Exhibit B (the “Easement Area”). If the land actually obtained by easement should not correspond exactly with Exhibit A, the Eligible Entity must obtain prior written approval of the Air Force Real Property Agency (AFRPA) and Eglin Air Force Base. The Easement Area is located within Okaloosa County, Florida. Acquisition priority will be given to southernmost parcels within the Duke Field Approach Departure Clearance Surface and bordering Eglin AFB. The Easement Area consists of acreage which will be acquired by the Eligible Entity conditioned upon the receipt of certain grant funding. The Eligible Entity shall not be obligated to perform under this Agreement if, through no act, omission or fault on its part, and notwithstanding its reasonable best efforts to obtain the same, governmental funding or private foundation grants that had been committed to it for the purchase of the Real Property Interest shall be withdrawn, frozen or otherwise made unavailable to the Eligible Entity to carry out the transactions contemplated by this Agreement. 4. Purchase Price. The Air Force agrees to pay the Eligible Entity the price of $200,000 for the Deed of Easement on or before 30 September 2015. This purchase Packet Pg. 207  7.3.a.a price represents full and complete payment of the Easement purchase price, equal to or below fair market value plus Allowable Transaction Costs as defined in Exhibit C. 5. Terms of the Agreement. The Eligible Entity and the Air Force intend that the procedures and terms to be followed pursuant to meeting the purpose of this Agreement Attachment: Agreement for Deed (1266 : REPI Phase 3 Agreement between OCWS and the Air Force) are set forth in Exhibit C. In the event of a conflict between the terms of this Agreement and the procedures set forth in Exhibit C, the terms in this Agreement shall control. 6. Closing. The Eligible Entity will deliver the Deed(s) of Easement to the Air Force on or before 30 September 2015 at a mutually agreeable time and place. 7.Default. In the event that the Eligible Entity fails or refuses to deliver the Deed of Easement in accordance with this Agreement, the Air Force may resort to the remedy of specific performance if permitted by the state in which the Easement Area is located, or the Air Force may terminate this Agreement. In the event that the Air Force fails or refuses to complete this transaction, the Eligible Entity may declare this Agreement null and void as its sole remedy upon written notice to the Air force within five (5) business days of the failure or refusal. 8. Time of the Essence. Time will be of the essence in the performance of this Agreement. 9. Amendment. This Agreement may not be modified, changed, altered, or amended except in writing signed by both the Eligible Entity and the Air Force. 10. Assignment and Recording. The Eligible Entity may not assign this Agreement, and it is binding upon its successors and assigns and the assigns of the Air Force. Further, the Eligible Entity may not record this Agreement, or a memorandum of it, in any public records, unless required by state law. Packet Pg. 208  7.3.a.a 11. Conditions. The Eligible Entity’s obligations for acquiring and conveying the Deed(s) of Easement pursuant to this Agreement are conditioned on i), the Eligible Entity obtaining all necessary internal approvals for the acquisition and disposition of interests in a particular parcel of real property, and ii), the Eligible Entity being able to acquire the necessary interest in the real property from the landowner. Attachment: Agreement for Deed (1266 : REPI Phase 3 Agreement between OCWS and the Air Force) IN WITNESS WHEREOF, the Eligible Entity and the Air Force have executed this Agreement, intending to be legally bound. Executed this ____ day of __________________, 2013, by the duly authorized officer of the Eligible Entity. Okaloosa County By:_________________________________ _________________________________ Don R. Amunds, Okaloosa County Board of County Commissioners Chairman Packet Pg. 209  7.3.a.a THE UNITED STATES OF AMERICA By the secretary of the Air Force Attachment: Agreement for Deed (1266 : REPI Phase 3 Agreement between OCWS and the Air Force) By: ____________________________________________ TERRY A. YONKERS, EX-IV Assistant Secretary (Installations, Environment and Logistics) Date: ______________________________________, 2013 ACKNOWLEDGEMENT COMMONWEALTH OF VIRGINIA COUNTY OF ARLINGTON On the _____day of_______________, 2013, before me_______________________ the Undersigned Notary Public, personally appeared TERRY A. YONKERS, EX-IV, personally known to me to be the person whose name is subscribed to the foregoing Instrument, and personally known to me to be the Deputy Assistant Secretary of the Air Force (Installations), and acknowledged that the same was Packet Pg. 210  7.3.a.a the act and deed of the Secretary of the Air Force and that he executed the same as the act of the Secretary of the Air Force for the purposes and consideration cited therin. Attachment: Agreement for Deed (1266 : REPI Phase 3 Agreement between OCWS and the Air Force) __________________________________ Notary Public, Commonwealth of Virginia Printed Name and Commission Expiration: ____day of __________, 20__ Packet Pg. 211  7.3.a.a Exhibit A: Legal Description of Initial Areas of Land Use Compatibility Concern Acquired Acreage Candidate Parcels In the County of Okaloosa, State of Florida Attachment: Agreement for Deed (1266 : REPI Phase 3 Agreement between OCWS and the Air Force) General description of candidate parcels for the acquired acreage is as shown on Exhibit B within the section, township and ranges listed below: T03NR23W27 T03NR23W26 T03NR23W34 T03NR23W35 T02NR23W04 T02NR23W03 T02NR23W02 T02NR23W01 Packet Pg. 212  Exhibit B: Map(s) of Initial Areas of Land Use Compatibility Concern 7.3.a.a Packet Pg. 213