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

2 o 1/ 08/ 2003- SAF/ GCN  AFMC- EG- 3- 05- 010 DEPARTMENT OF THE AIR FORCE LICENSE To THE CITY OF FORT WALTON BEACH, FLORIDA To USE PROPERTY LOCATED ON EGLIN AIR FORCE BASE, FLORIDA PREAMBLE THE SECRETARY OF THE AIR FORCE, hereinafter referred to as " Grantor", acting under the authority of 10 U. S. C. 992667 and 2668, hereby grants to the City of Fort Walton Beach, Florida, a corporation or business entity organized and doing business under the laws of the State of Florida, hereinafter referred to as " Grantee", a License at will for a rate wastewater slow..; effluent land application site on 490 acres at Eglin Air Force Base, hereinafter referred to as Installation", identified in EXHIBITS A and B, both attached hereto and made a part hereof, hereinafter referred to as the " Premises". Grantor and Grantee, when referred to together, are hereinafter referred to as the " Parties". For purposes of this License, Grantor includes the United States Government and the Department of the Air Force. The purpose of this License is to allow the Grantee to operate, repair and maintain a sewage effluent disposal field. THIS LICENSE is granted subject to the following conditions. BASIC TERMS 1. TERM 1. 0. This License shall be for a term of five ( 5) years effective beginning on 2005 and shall remain in effect until 2010 unless sooner terminated by Grantor. The obligations of Grantee ( excluding those of Condition 2), including thoseregarding remediation of environmental damage and removal of structures, facilities, and equipment installed by Grantee, shall remain in effect after the termination of this License unless otherwise agreed to by the Parties. Fann 3. 1 ( License/Standard) 3 Ol/08/ 2003- SAF/ GCN  AFMC- EG- 3- 05- 010 2. CONSIDERATION AND COSTS 2. 1. Grantee shall pay to Grantor a fee for this License. That fee shall be $ N/ A per annum, payable monthly in advance. Payments shall be sent to N/ A , properly addressed and with sufficient postage. 2. 2. The use, operation, and occupation of the Premises pursuant to this License shall be without cost or expense to the Department of the Air Force. 3. CORRESPONDENCE 3. 0. All correspondence to be sent and notices to be given pursuant to this License shall be addressed, if to Grantor, to 96th Civil Engineer Group, Real Estate Flight, 501 DeLeon Street, Suite 100, Eglin Air Force Base, Florida 32542- 5133, and, if to Grantee, to the Director, P. O. Box 4099, Fort Walton Beach, Florida 32549, or as may from time to time otherwise be directed by the Parties. Notice shall be deemed to have been duly given if,and when enclosed in a properly sealed envelope or wrapper addressed as aforesaid, deposited, postage prepaid, and postmarked in a post office regularly maintained by the United States Postal Service. 4. ACCESS The use, operation, and occupation of the Premises are subject to the general 4. 1. supervision and control of the Installation' s commander or his duly authorized representative, hereinafter referred to as " said officer". 4. 2. In accepting the rights, privileges, and obligations established hereunder, Grantee recognizes that the Installation serves the national defense and that Grantor will not pennit the Grantee to interfere with the Installation's military mission. This Installation is an operating militaryinstallation, which is closed to the public and is subject to the provisions of the Internal Security Act of 1950, 50 U. S. C. ~ 797, and of 18 U.S. C. ~ 1382. Access to the Installation is subject to the control of its commanding officer and is governed by such regulations and orders as have been lawfully promulgated or approved by the Secretary of Defense or by any designated military commander. Any access granted to Grantee, its officers, employees, contractors of any tier, agents, and invitees is subject to such regulations and orders. This License is subject to all regulations and orders currently promulgated or which may be promulgated by lawful authority as well as all other conditions contained in this License. Violation of any such regulations, orders, or conditions may result in the termination of this License. Such regulations and orders may, by way of example and not by way oflimitation, include restrictions on who may enter, how many may enter at anyone time, when they may enter, and what areas of the Installation they may visit, as well as requirements for background investigations, including those for security clearances, of those entering. Grantee is responsible for the actions of its officers, under employees, contractors of any tier, agents, and invitees while on the Installation and acting this License. 4. 3. In the event all or any portion of the Premises shall be needed by the United States or in the event the presence of Grantee' s property shall be considered detrimental to notice governmental activities, Grantee shall, from time-to- time and at Grantee' s expense, upon Form 3. 1 ( License/Standard) 4 Ol108/ 2003- SAF/ GCN  AFMC- EG- 3- 05- 0l0 to do so, and as often as so notified, remove or relocate its property to such other location or locations on the Premises ( or substitute land of Grantor which shall then become part of the Premises) as may be designated by said officer, and in the event Grantee' s property shall not be removed or relocated within thirty (30) days after any aforesaid notice, the United States may cause the same to be done at the expense of the Grantee. 5. TERMINATION 5. 0. This License may be terminated at will by the Grantor and such termination shall not create any liability on the part of Grantor for Grantee' s costs, anticipated profits or fees, and costs of construction, installation, maintenance, upgrade, and removal of facilities, or any other costs, profits, or fees, and any such costs and anticipated profits or fees will not be recoverable from Grantor. 6. RESERVED 6. 0. Reserved OPERATION OF THE PREMISES 7. CONDITION OF PREMISES 7. 0. Grantee has inspected and knows the condition of the Premises. Subject to Condition 15, the Premises are granted in an " as is, where is" condition without any warranty, representation, or obligation on the part of Grantor to make any alterations, repairs, improvements, or corrections to defects whether patent or latent. At such times and for such part of the Premises as said officer may determine, the Parties will sign a Physical Condition Report to reflect the condition of the Premises prior to the Premises being disturbed by the activities of Grantee. Such shall be used to indicate the condition of the Premises prior to their being Report disturbed in order to compare them with the Premises subsequent to the activities of Grantee to ensure Grantee has returned the Premises to the condition required by this License. 8. PROTECTION OF PREMISES 8. 0. As regards the Grantee' s use of the Premises and its property on the Premises, Grantee shall, at all times, protect, repair, and maintain the Premises in good order and condition at its own expense and without cost or expense to Grantor. Grantee shall exercise due diligence in protecting the Premises against damage or destruction by fire, vandalism, theft, weather, or other causes related to Grantee' s activities. Any property on the Premises damaged or destroyed shall be promptly by Grantee incident to the exercise of the rights and privileges herein granted repair~d or replaced by Grantee to the satisfaction of said officer. Fonn 3. 1 ( License/Standard) 5 Ol/0812003- SAF/GCN  AFMC-EG- 3- 05- 010 9. AIR FORCE PROPERTY Any interference with the use of or damage to property under control of the 9. 0. Department of the Air Force, incident to the exercise of the rights and privileges herein granted shall be promptly corrected by Grantee to the satisfaction of said officer. If Grantee fails to promptly repair or replace any such property after being notified to do so by said officer, said officer may repair or replace such property and Grantee shall be liable for the costs of such repair or replacement. 1 O. RESTORATION OF PREMISES 10. 0. On or before ( or, in the case of abandonment, after) the date of expiration of this License or its termination by the Grantor, Grantee shall vacate the Premises, remove its property therefrom, and restore the Premises to their original condition without expense to the United States. Such restoration shall include, if applicable, removal of contamination caused by Grantee. 11. ALTERATION OF PREMISES 11.0. No additions to or alterations of the Premises shall be made without the prior written approval of said officer. 12. COSTS OF SERVICES 12. 0. As regards the Grantee' s use of the Premises and its property on the Premises, Grantee is for all utilities, janitorial services, building maintenance, and grounds responsible maintenance for the Premises without cost to the Department of the Air Force. The Air Force to Grantee on a may, if its capabilities permit, consent to provide certain of these services reimbursable basis. ENVIRONMENT 13. ENVIRONMENTAL COMPLIANCE 13. 0. In its activities under this License, Grantee shall comply with all applicable environmental requirements and in particular those requirements concerning the protection and enhancement of environmental control and abatement, safe drinking water, and quality, pollution solid and hazardous waste. Responsibility for compliance with such requirements rests exclusively with Grantee, including liability for any fines, penalties, or other similar enforcement costs. Fonn 3. 1 ( License/Standard) 6 o 1/08/ 2003- SAF/ GCN  AFMC-EG- 3- 05- 010 14. WAIVER OF