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

ENVIRONMENTAL BASELINE SURVEY 14. 0. A Waiver of Environmental Baseline Survey ( EBS) is attached hereto and made a part hereof as Exhibit " C". If this License expires, or is tenninated, revoked or relinquished and is supplanted by another license, lease, easement or similar agreement with t.he same Grantee to the EBS conducted under upon the same premises, the terms of that agreement with respect this License shall acknowledge, accept and continue the findings of the original EBS. Alternatively, in the event this License expires, tenninates, or is revoked or relinquished and is not supplanted by another agreement with the same Grantee upon the same premises, upon expiration, termination, revocation or relinquishment of this License another EBS may be prepared to document the environmental condition of the property at that time, and used in determining any environmental restoration requirements and any such requirements will be completed by the Grantee. 15. SAFETY AND HAZARDOUS WASTE DISPOSAL 15. 1. Grantee, at its expense, shall comply with all applicable laws on occupational safety and health, the handling and storage of hazardous materials, and the proper handling and disposal of hazardous wastes and hazardous substances generated by its activities. Responsibility for the costs of proper handling and disposal of hazardous wastes and hazardous substances discovered on the Premises is governed by applicable law. The terms hazardous materials, hazardous wastes, and hazardous substances are as defined in the Federal Water Pollution Control Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Solid Waste Disposal Act, the Clean Air Act, and the Toxic Substances Control Act, and their regulations, as they have been or may be amended from implementing time to time. Any unexploded ordnance, as that tenn is defined in Title 10, United States Code, 15. 2. discovered on the Premises by Grantee is the responsibility of Grantor and will not be disturbed by Grantee but, upon discovery, shall be immediately reported to said officer. 16. HISTORIC PRESERVATION 16. 0. Grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, architectural, or other cultural artifacts, relics, vestiges, remains, or archaeological, Grantee shall cease objects of antiquity. In the event such items are discovered on the Premises, its activities at the site and immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. Any costs resulting from this delay shall be the responsibility of Grantee. 17. RESERVED 17. 0. Reserved Fonn 3. 1 ( License/Standard) 7 01/ 08/ 2003- SAF/GCN  AFMC- EG- 3- 05- 010 18. RESERVED 18. 0. Reserved 19. RESERVED 19. 0. Reserved CHANGES IN OWNERSHIP OR CONTROL 20. TRANSFER, AsSIGNMENT, LEASING, OR DISPOSAL 20. 0. Grantee shall not transfer, pennit, license, assign, lease, or dispose of in any way, including, but not limited to, voluntary involuntary sale, merger, consolidation, or receivership, or other means ( all referred to in this Condition 20 as " transfer"), this License or any interest therein or any property on the Premises, or otherwise create any interest therein. 21. LIENS AND MORTGAGES 21. 0. Grantee shall not engage in any financing or other transaction creating any mortgage upon the Premises, place or suffer to be placed upon the Premises any lien or other encumbrance, or suffer any levy or attachment to be made on Grantee' s interest in the Premises under this License. On the date of the execution or filing of record of any such mortgage, encumbrance, or lien, regardless of whether or when it is foreclosed or otherwise enforced, this License shall terminate without further action by Grantor. 22. OTHER GRANTS OF ACCESS 22. 0. This License is subject to all outstanding easements, rights- of-way, leases, permits, licenses, and uses for any purpose with respect to the Premises. Grantor shall have the right to grant additional easements, rights- way, leases, pennits, and licenses, and make additional uses of- with respect to the Premises without regard to this License. 23. OTHER STIPULATIONS 23. 1. In the event of a breach of any of the conditions set forth above, the United States may terminate this License as provided herein; provided, however, that the failure of the United States to insist in anyone or more instances upon complete performance of any of the said conditions shall not be construed as a waiver or a relinquishment of the future performance of any such conditions, but the obligations of the Grantee with respect to such future performance shall continue in full force and effect. 23. 2. All merchantable timber, pulpwood, or sawlogs removed from the Premises herein granted shall be trimmed and stockpiled at one location by the Grantee for removal or sale by the Department of the Air Force. All debris shall be disposed of by the Grantee to the satisfaction of the said officer. Form 3. 1 ( License/Standard) 8 01/ 08/ 2003- SAF/GCN  AFMC-EG- 3- 05- 010 23. 3. Grantee shall not plant any ground cover or vegetation on the premises without obtaining prior approval trom the said officer as to the type of ground cover and vegetation to be planted. 23.4. The Grantee shall ensure that the quality of the effluent treatment complies with the water quality standards promulgated by the State of Florida for treated wastewater discharge to shellfish areas. Adequate safeguards shall be established by the Grantee to prevent discharge of improperly treated waste. 23. 5. Effective measures shall be implemented by the Grantee to avoid personal contact with the treated wastewater by persons other than waste treatment plant personnel. The Grantee shall at it sole expense, erect and maintain a six- foot (6') chain link fence around that portion of the property used as a holding pond, and shall post " No Trespassing" signs in conspicuous places throughout the Licensed Premises. 23. 6. So that the granted Premises can be readily identified, the Grantee shall place signs, stakes or other identifying features around the perimeter thereof. 23. 7. The non-potable supply system shall be marked or identified by the Grantee, and no cross section shall exist between the non- potable supply-irrigation system and the potable distribution system. 23. 8. The Grantee shall ensure each outlet, except sprinkler heads of the effluent distribution system.t has a sign permanently attached identifying the water as non- potable and unsafe for human consumption. 23. 9. The Grantee shall be subject to periodic surveillance and/or inspection by the Director of Base Medical Services ( DBMS) to ensure that no hazard occurs to the health of base personnel due to the wastewater. 23. 10. The Grantee shall ensure the wastewater applied by irrigation does not affect the quality or quantity of ground water in the area. The Grantee shall monitor the potential pollution aspects on a continuous basis to ensure that the operations of the field do not degrade the environment and are maintained to meet the water quality standards imposed by the State of Florida. 23. 11. The Premises hereby granted shall be used solely for the operation, maintenance and repair of a sewage effluent disposal field. In the event the Grantee uses the Premises for any other purpose or constructs improvements thereon, which are not directly related to the sewage effluent disposal field and approved, in writing, by the said officer, such use shall constitute grounds for immediate termination of the License. 23. 12. The right is hereby reserved to the United States, its officers, agents, and employees to enter upon said premises at any time for the purpose of performing any and all tests as are necessary for determining the quality of effluent, percolation and absorption rates upon ground water tables and any other tests deemed appropriate. 23. 14. Hunting on the Premises is hereby prohibited, as are all uses not expressly permitted by this license. 23. 15. The Grantee shall furnish a copy of all water quality monitoring data to the the said officer. 23. 16. Grantee shall work all wastewater treatment plant permits or permit modifications through the Florida Department of Environmental Protection. Form 3. 1 ( License/Standard) 9 o lI08/ 2003- SAF/ GCN  AFMC-EG- 3- 05- 010 23. 17. The Grantee, not the government, shall be held accountable for any pollution of the area nom spills, groundwater/ surface water contamination. For further information, the Grantee may contact Russell Brown, 96 CEG/CEVCE, 882- 7660. 24. REpORTING 24.0. This License is not subject to 10 V.S. C. ~ 2662. GENERAL PROVISIONS 25. COMPLIANCE WITH LAWS 25. 0. Grantee shall comply with all applicable Federal, state, interstate, and local laws, regulations, and requirements. This may include the need for Grantee to obtain pennits to engage in its activity. Grantor is not responsible for obtaining permits for Grantee nor for allowing Grantee to use permits obtained by Grantor. 26. AVAILABILITY OF FuNDS 26.0. The obligations of Grantor under this License shall be subject to the availability of appropriated funds. No appropriated funds are obligated by this License. 27. AMENDMENTS 27.0. This License may only be modified or amended by the written agreement of the Parties, duly signed by their authorized representatives. 28. LIABILITY 28. 1. Grantor shall not be responsible for damage to property or injuries to persons