Okaloosa County BOCC — January 8, 2013 — Agreement for Deed 2013 — reading text

AGREEMENT FOR A DEED OF EASEMENT UNDER 10 U.S.C. § 2684a 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 Civil Engineering Center (AFCEC) 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or private foundation grants that had been committed to it for the purchase of the Real Property Interest shall be withdrawn, frozen or otherwise made unavailable to the Eligible Entity to carry out the transactions contemplated by this Agreement. 4.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 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 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. 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. 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 THE UNITED STATES OF AMERICA By the secretary of 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 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. Notary Public, Commonwealth of Virginia Printed Name and Commission Expiration: day of , 20 Exhibit A: Legal Description of Initial Areas of Land Use Compatibility Concern Acquired Acreage Candidate Parcels In the County of Okaloosa, State of Florida General description of candidate parcels for the acquired acreage is as shown on Exhibit B within the section, township and ranges listed below: TO3NR23W27 TO3NR23W26 TO3NR23W34 TO3NR23W35 TO2NR23W04 TO2ZNR23W03 TOZNR23W02 TO2NR23W01 EXHIBIT B INITIAL AREAS OF LAND USE COMPATIBILITY CONCERN = a (a) ff bal 2 — ch IN ( [ _ He etter Sa \ en Bl lrogimoanea 1 SFoaNResw23 TO3NR23W24 jpanraaw Bac | a SoH yi ee Spee Uy LUN | ( SR | J _. Atlin i | | sy OSs ———— Vy ) L, 22327 i Ao TO3NR23W25 rO3NR22W30 aa ae a AL Ce | 4 7 a - > <i 7 - } A HC R eceeee)| TO3NR23W36 JO3NR22W31 2 ! fs 2303 TO2NR23W02 D2NR22W06 = | \ ad | = | fo Sl | a TO2NR23Wo09 TO2NR23W10 TO2NR23W11 TO2NR23W12 Th2NR22W07 en Sl | es ees | TO2NR23W16 TO2NR23W15 TO2NR23W14 TO2NR23W13 = TU2NR22W18 SHOAL RIVER PROJECT AREA xxx} ACQUIRED ACREAGE CANDIDATE PARCELS - HAISEAL TIMBER CO N |__| OKALOOSA COUNTY PARCELS |_| DUKE FIELD APPROACH DEPARTURE CLEARANCE SURFACE [ _] SECTIONS 10000 |__| PROPERTY APPRAISER PARCELS — 5000 ~—«-2500 0 5000 |Feet | [RR eT | MILITARY INSTALLATION BOUNDARY EXHIBIT C PROCEDURE TO ACQUIRE INTERESTS IN REAL PROPERTY ARTICLE I - SCOPE, PURPOSE AND AUTHORITY Section 101. General. a. This Agreement (the “Agreement”) is made between The United States of America, acting by and through the Secretary of the Air Force (the “Air Force”), and Okaloosa County, a political subdivision of Florida (the “Eligible Entity” as defined in Article VI of this Agreement), for the acquisition of rights, titles, or interests in and to certain real property (the “Real Property Interest(s)”) for or on parcels of land in the vicinity of Eglin Air Force Base (the “Installation”), and contribution by the Air Force of Federal funds for the acquisition of additional property, all in accordance with the provisions of 10 U.S.C. §2684a. The Air Force and the Eligible Entity are sometimes collectively referred to as the “Parties,” or each may be referred to as a “Party,” in this Agreement. b. This Agreement, with Exhibits, includes all terms and conditions related to the contribution of funds by the Air Force for the acquisition of Real Property Interests. The Exhibits are integral parts of this Agreement. Section 102. Authority. a. 10 U.S.C. § 2684a authorizes the Secretary of the Air Force to enter into agreements with a state or political subdivision of a state, or a private conservation organization, to address the use or development of real property in the vicinity of a military installation. These agreements are intended to (a) limit any development or use of the land that would be incompatible with the mission of the installation; or (b) preserve habitat on the land that is compatible with environmental requirements and that may eliminate or relieve environmental restrictions that would restrict, impede, or interfere with military training, testing, or operations on the installation. Agreements under this authority must provide for the acquisition by a state, or political subdivision of a state, or private conservation organization of (a) all right, title, and interest in and to any real property, or any lesser estate or interest in the land, as may be appropriate, and (b) the sharing by the United States of the acquisition costs of any real property, or lesser estate or interest, as may be appropriate. b. The Eligible Entity is authorized by its Charter of Incorporation and Code of Ordinances to perform and discharge its obligations under this Agreement, including, without limitation, the acquisition and disposition of Real Property Interests, and to preserve and protect conservation values of the land in perpetuity, and is a county, as defined in Florida Statutes. ARTICLE II - OBLIGATIONS OF THE PARTIES Section 201. General. a. The Air Force and the Eligible Entity agree to limit development that is incompatible with the mission of the Installation and to protect open space and agricultural uses around the Installation by acquiring Real Property Interests in certain lands located in the vicinity of the Installation, in Okaloosa County, Florida. The Real Property Interest governed by this Agreement consists of acreage that will be acquired by the Eligible Entity through the use of grant funds and the revenues paid pursuant to this Agreement (the “Real Property Interest”). This Agreement in no way restricts the Air Force or the Eligible Entity from participating in similar activities with other public or private entities or persons. Further, the parties acknowledge that the Eligible Entity is planning on utilizing the Real Property Interests for various activities which will not be incompatible with the mission of the Installation nor inconsistent with the protection of open space and agricultural uses. This Agreement shall in no way restrict the Eligible Entity from pursuing such uses of the Real Property Interests including but not limited to wetlands mitigation banking, construction and maintenance of all-weather two lane roads, and utility infrastructure provided that such infrastructure shall not be incompatible nor interfere with the mission of the Installation. b. The Eligible Entity and the Air Force further agree that the limitation of development of lands around the Installation may serve the interests of both the Eligible Entity and the Air Force in a manner that will not encroach upon, or in a manner that ensures that it will serve as a protective buffer zone for, the Installation and its operations and mission goal. c. The Eligible Entity and the Air Force agree that any provision of this Agreement that would hinder or prevent the use of the Existing Acreage for the purposes of wetland mitigation banking shall be null and void. Section 202. Obligations of the Eligible Entity. a. The Eligible Entity agrees to exercise its best efforts to supervise, manage, and operate the transactions within the scope of this Agreement according to sound, efficient, commercial practice, and the terms, conditions, and specifications of this Agreement. b. The Eligible Entity agrees to contribute up to two hundred thousand dollars ($200,000), conditioned upon reimbursement from grant funds, to pay its share of the costs for the acquisition of Real Property Interests and related allowable transactional costs within the scope of this Agreement. 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