Fort Walton Beach Council agenda — 10-25-05 Regular — reading text

which may arise nom, or be attributable or incident to, the condition or state of repair of the Premises, due to its use and occupation by Grantee. Grantee agrees that it assumes all risks of loss or damage to property and injury or death to persons, whether to its officers, employees, contractors of any tier, agents, invitees, or others, by reason of or incident to Grantee' s use of the Premises, and its activities conducted under this License. Grantee shall, at its expense, pay any settlements of or judgments on claims arising out of its use of the Premises. 28. 2. Grantee shall indemnify and hold Grantor harmless against any and all judgments, that may arise as a expenses, taxes, liabilities, claims, and charges of whatever kind or nature result of the activities of Grantee, whether tortious, contractual, or other, except to the extent such claim or charge is cognizable under the Federal Tort Claims Act. Form 3. 1 ( License/Standard) 10 o I/ 08/ 2003- SAF/ GCN  AFMC- EG- 3- 05- 010 29. INSURANCE 29. 1. During the entire period this License shall be in effect, the Grantee, at no expense to the Grantor, shall carry and maintain and require its contractors of any tier perfonning work on the Premises to carry and maintain- 29. 1. 1. Comprehensive general liability insurance on an " occurrence basis" against claims for " personal injury," including without limitation, bodily injury, death, or and property damage, occurring upon, in, or about the Premises including any buildings thereon sidewalks, streets, and passageways, such insurance to afford iminediate minimum adjoining protection at all times during the tenn of this License, with limits of liability in amounts approved from time to time by Grantor, but not less than ONE MILLION DOLLARS 1, 000,000) in the event of bodily injury and death to anyone or more persons in one accident, and not less than FIVE HUNDRED THOUSAND DOLLARS ($ 500,000) for property damage. Such insurance shall also include coverage against liability for bodily injury or property damage arisingout of the acts or omissions by or on behalf of Grantee by any invitee or any other person or organization, or involving any owned, non- owned, or hired automotive equipment in connection with Grantee' s activities. 29. 1.2. If and to the extent required by law, workers' compensation and employer's liability or similar insurance in fonn and amounts required by law. 29.2. All of insurance, which this License requires Grantee to carry and maintain policies or cause to be carried or maintained pursuant to this Condition 29, shall be effected under valid and enforceable policies, in such fonns and amounts as may, from time to time, be required under this License, issued by insurers of recognized responsibility. All such policies of insurance shall be for the mutual benefit of Grantor and Grantee. Each such policy shall provide that any losses shall be notwithstanding any act or failure to act or negligence of Grantee or payable Grantor or any other person; provide that no cancellation, reduction in amount, or material Grantor change in coverage thereof shall be effective until at least sixty (60) days after receipt by of written:notice thereof; provide that the insurer shall have no right of subrogation against Grantor; and be reasonably satisfactory to Grantor in all other respects. In no circumstances will Grantee be entitled to assign to any third party rights of action which Grantee may have against Grantor. The foregoing notwithstanding, any cancellation of insurance coverage based on written notice to Grantor. nonpayment of the premium shall be effective after fifteen (15) days Grantee understands and agrees that cancellation of any insurance coverage required to be carried and maintained by Grantee under this Condition 29 will constitute a failure to comply with the terms of the License. 29. 3. Grantee shall deliver or cause to be delivered upon execution of this License ( and thereafter not less than fifteen ( 15) days prior to the expiration date of each policy furnished pursuant to this Condition 29) to Grantor a certificate of insurance evidencing the insurance required by this License. 30. ENTIRE AGREEMENT 30. 0. It is expressly understood and agreed that this written instrument embodies the entire agreement between the Parties regarding the use of the Premises by the Grantee, and there understandings or agreements, verbal or otherwise, between the Parties except as are no expressly set forth herein. Fonn 3. 1 ( License/Standard) 11 01/08/ 2003- SAF/ GCN  AFMC- EG- 3- 05- 010 31. CONDITION AND PARAGRAPH HEADINGS 31.0. The headings contained in this License, its Attachments, and Exhibits are to facilitate reference only and shall not in any way affect the construction or hereof. interpretation IN WITNESS whereof, I have hereunto set my hand by authority of the Secretary of the Air Force, this day of , 2005. THE UNITED STATES OF AMERICA, by the Secretary of the Air Force BY: EDMOND B.KEITH, Co 1, USAF Commander This License is also executed by Grantee this day of 2005. CITY OF FORT WALTON BEACH BY: Name/ Title: WITNESS: Seal) Date: Fonn 3. 1 ( License/ Standard) 12 01/ 08/ 2003- SAF/ GCN  AFMC- EG- 3- 05- 010 31. CONDITION AND PARAGRAPH HEADINGS 31.0. The headings contained in this License, its Attachments, and Exhibits are to facilitate reference only and shall not in any way affect the construction or interpretation hereof. IN WITNESS whereof, I have hereunto set my hand by authority of the Secretary of the Air Force, this day of , 2005. THE UNITED STATES OF AMERICA, by the Secretary of the Air Force BY: EDMOND B. KEITH, Col, USAF Commander This License is also executed by Grantee this day of 2005. CITY OF FORT WALTON BEACH BY: Name/ Title: WITNESS: Seal) Date: Form 3. 1 ( License/ Standard) 12 OJ / 08/ 2003- SAF/GCN  AFMC-EG- 3- 05- 010 31. CONDITION AND PARAGRAPH HEADINGS 31.0. The headings contained in this License, its Attachments, and Exhibits are to facilitate reference only and shall not in any way affect the construction or interpretation hereof. IN WITNESS whereof, I have hereunto set my hand by authority of the Secretary of the Air Force, this day of , 2005. THE UNITED STATES OF AMERICA, by the Secretary of the Air Force BY: EDMOND B. KEITH, Col, USAF Commander This License is also executed by Grantee this day of 2005. CITY OF FORT WALTON BEACH BY: Name/ Title: WITNESS: Seal) Date: Fonn 3. 1 ( License/ Standard) 12 o 1/ 08/ 2003- SAF/ GCN  IIiV' OLD I COUNTY LANDFlLL 1( 160 c . e.) - OJ i 0, J ["'\ ,  AFMC-EG- 3- 05- 010 EGLIN AIR FORCE BASE, FLORIDA DESCRIPTION FOR SEWAGE EFFLUENT DISPOSAL FIELD LICENSE TO THE CITY OF FORT WALTON BEACH, FLORIDA All that tract or parcel ofland lying and being in Sections 22, 23, 26 and 27, Township 1 South, Range 24 West, Tallahassee Meridian, Okaloosa County, Florida, being more particularly described as follows: Commencing at Eglin Air Force Base boundary maker " 1- 110", which is on the East line and 2, 640 feet, more or less, North of the Southeast corner of said Section 26 and at a corner of a tract of land owned by the United States of America at Eglin Air Force Base; Thence NOr 41' E 1, 000. 0 feet to a point on the South line of a tract ofland leased to Okaloosa County, Florida, by the United States of America for a sewage effluent disposal field; Thence Due West along said Okaloosa County leased tract 3, 870 feet, more or less, to a point which is at a corner of said leased tract and on the East right- of-way line of a power line easement granted to the Gulf Power Company by the United States of America; Thence continue Due West 100 feet to a point which is on the West right- of-way line of said Gulf Power Company easement and the POINT OF BEGINNING; Thence Due West 3, 200. 0 feet; Thence Due North 2, 800. 0 beet; Thence Due East 3, 099. 8 feet, more or less, to the West right- of-way line of said Gulf Power Company easement; Thence S 02 . 03' E along the West right- of-way line of said Gulf Power Company easement a distance of2, 801.8 feet, more or less, to the point of beginning. Containing 202. 5 acres, more or less, and being a part of Track B and B- 1 of Eglin Air Force Base.