Okaloosa County BOCC — August 24, 2013 — Grant of Easement — reading text

doing so by Federal or State law. Such indemnification also shall include, but not be limited to, any costs or claims arising from, or related to, any damage to property, or injury to or death of a person to the extent that the Grantee’s negligent management of contaminated soils caused, or contributed to, such damage, injury, or death. Nothing in this Agreement shall contractually obligate Grantee to exceed the limits of the limited waiver of sovereign immunity provided by Florida law. In accordance with Section C, Environmental Response, the Grantee shall not be required to indemnify the Government for Losses that are both caused by pre-existing environmental conditions and not caused by the negligence, misconduct, or recklessness of the Grantee. XXIV. ENVIRONMENTAL LIABILITY OF THE GRANTOR Grantee does not assume any of Grantor’s liability or responsibility for environmental impacts and damage resulting from Grantor’s activities; however this provision does not relieve Grantee of any obligation or liability it might have or acquire with regard to third parties or regulatory authorities by operation of law. XXV. ABANDONMENT OR TERMINATION OF EASEMENT This Grant may be terminated in whole or in part by the Grantor for Grantee’s failure to comply with the terms of this grant and Grantor may terminate it for any part of the Easement Area that is abandoned or not used by the Grantee for 24 consecutive months. The Grantor shall give written notice of any termination, which shall become effective 120 days after the date of such notice, unless the Grantee commences use or reuse of the unused portion of the Easement Area within that time. XXVI. DAMAGE TO OR REMOVAL OF GOVERNMENT PROPERTY If Grantee or any other person acting in its place causes any disturbance or damage to any Government property or improvements in the Easement Area or Grantor’s adjacent property, Grantee, its successors and assigns shall promptly restore them as nearly as may be reasonably possible to the same condition as existed prior to such disturbance or damage to the satisfaction of the Grantor; provided, however, that if Grantor confirms in writing that it no longer needs the improvements and Grantee provides for their complete demolition, removal, and restoration of the easement area satisfactory to Grantor, they need not be restored or replaced. If any Air Force property or improvements in the easement area will be removed to accommodate Grantee’s use of the easement and Grantor does not waive their replacement, Grantee shall replace them in locations approved by Grantor with facilities having substantially similar design characteristics, being of the same category, construction, size, and capacity as those replaced, located on an appropriately restored site. Grantee shall not remove or excavate soil or paved surfaces without prior written approval of the Grantor and the Grantee shall promptly restore the Easement Area to substantially the same condition that existed immediately before the removal or excavation. Standard Outgrant Easement Page 7 of 10 SAF/GCN-RPO March 2010  Document Number: FTFA-EG-2-13-004 XXVII. REMOVAL OF GRANTEE IMPROVEMENTS A. Upon the expiration, abandonment, or termination of the easement, Grantor may elect, in its sole discretion, to require Grantee to remove all its improvements and other property from the premises and restore the Easement Area at Grantee’s sole expense to substantially the same condition that existed immediately before the grant, all to Grantor’s satisfaction. Grantor shall give notice to Grantee of such election within a reasonable time after learning of Grantee’s abandonment, or together with Grantor’s notice of termination. Alternatively, at those same times, Grantor may elect and give written notice to Grantee that some or all of Grantee’s easement improvements and any other property Grantee may leave on the Easement Area will revert or be transferred to Grantor. Such reversion or transfer in lieu of Grantee’s removal and restoration obligation shall be automatic and at no cost to Grantor and shall be effective on the easement term expiration date or the effective date of any abandonment or termination, without additional consideration therefore. Grantee shall execute any documentation reasonably requested by the Grantor to confirm any transfer or conveyance. B. If Grantee fails to timely satisfy its removal and restoration obligations, then at Grantor’s option, Grantee’s improvements and personal property located on the Easement Area shall either become Grantor’s property without compensation therefore or the Government may cause them to be removed or destroyed and the Easement Area to be so restored at the expense of Grantee; and no claim for damages against Grantor, its officers, employees, agents, or contractors shall be created by or made on account of such removal or destruction and restoration work. Grantee shall reimburse Grantor for any expenses it incurs to restore the Easement Area to the condition required by this grant within thirty (30) days after the Government provides written notice to Grantee of the reimbursement amount together with reasonable documentary support of the reimbursement amount. XXVIII. REMEDIES FOR NON-COMPLIANCE In the event the Grantee fails to comply with any obligation under this Grant, the Grantor may pursue monetary damages, equitable relief, or both, and the Grantee shall reimburse the Grantor for its attorney fees and costs. XXIX. ASSIGNMENT The Grantee may not assign this Grant without the prior written consent of the Grantor. Standard Outgrant Easement Page 8 of 10 SAF/GCN-RPO March 2010  Document Number: FTFA-EG-2-13-004 XXX. AUTHORIZED REPRESENTATIVES AND NOTICES Any written notices under this instrument shall be made by mailing or hand delivering such notice to the parties at the following addresses. GRANTOR: Brig Gen David A. Harris Commander, 96th Test Wing 101 West D Ave Suite 132 Eglin AFB FL 32542 GRANTEE: Okaloosa County Board of Commissioners 1759 South Ferdon Blvd Crestview FL 32536 IN WITNESS WHEREOF, I have hereunto set my hand the ________ day of ______________, 20________. THE UNITED STATES OF AMERICA by its Secretary of the Air Force By: _______________________________ DAVID A. HARRIS Brigadier General, USAF Commander, 96th Test Wing Standard Outgrant Easement Page 9 of 10 SAF/GCN-RPO March 2010  Document Number: FTFA-EG-2-13-004 ACCEPTANCE The Grantee hereby accepts this Grant of Easement and agrees to be bound by its terms. DATED: ________ day of ______________, 20________. GRANTEE: OKALOOSA COUNTY BOARD OF COMMISSIONERS By: ______________________________________ DON R. AMUNDS, Chairman Okaloosa County Board of County Commissioners Attest: ______________________ Standard Outgrant Easement Page 10 of 10 SAF/GCN-RPO March 2010