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

committed to it for the purchase of the Real Property Interest shall be withdrawn, frozen or otherwise made unavailable to the Eligible Entity to carry out the transactions contemplated by this Agreement. c. Upon request of the Air Force, the Eligible Entity will transfer any portion of the property or interest acquired under this Agreement or a lesser interest therein to the United States but only in the event that the Eligible Entity has authorized activity which is incompatible with the mission of the Installation and inconsistent with the protection of open space and agricultural uses. Further, such transfer shall not be required if by doing so, it would adversely impact on the ability of the Eligible Entity to pursue passive recreational uses of the Real Property Interest, including but not limited to construction and maintenance of all-weather two lane roads, utility infrastructure provided that such infrastructure shall not be incompatible nor inconsistent with the mission of the installation and wetland mitigation banking. d. After recordation of the restrictive easement, the Eligible Entity and the Air Force shall ensure long-term monitoring of the Property to verify compliance with the land use restrictions contained in the restrictive easement. In the event of an observed or suspected breach of the land use restrictions, the Eligible Entity and the Air Force will confer to determine which Party shall enforce the land use restrictions. In the event the Air Force will lead the enforcement, the Eligible Entity agrees to assist the Air Force, to the fullest extent allowable under applicable law, in the enforcement efforts. ~ Section 203. Obligations of the Air Force. a. The Air Force and the Eligible Entity agree to share equally the Allowable Transactional Costs, as defined in Article VI of this Agreement, incurred in performance of this Agreement according to the terms and conditions for payment under Article V. However, this amount of Allowable Transactional Costs shall not exceed a total of $40,000. b. Whenever the terms of this Agreement require the coordination, concurrence, and/or approval by the Air Force, it will not be unreasonably withheld. Any request for action by the Air Force shall be considered and acted upon in a timely fashion. c. The obligations of the Air Force are subject to the availability of Federal funds for purposes of this Agreement. No provision in this Agreement should be interpreted to require obligation or payment of funds by the Air Force in violation of the Antideficiency Act, 31 U.S.C. § 1341, or other applicable Federal law. Additionally, the performance of the Air Force under this Agreement is contingent upon it receiving funds from the Department of Defense. Section 204. Acquisition Process. a. The Eligible Entity and the Air Force agree to establish procedures and criteria for the identification of land that will be the object of the acquisition of the Real Property Interest. b. Acquisition of a Real Property Interest in land by the Parties may only be accomplished with the voluntary consent of the landowner to the transaction. c. If requested by the Air Force in the future, the Eligible Entity agrees to convey any portion of the property or interest acquired by the Eligible Entity under this Agreement or a lesser interest therein to the United States but only in the event that the Eligible Entity has authorized activity which is incompatible with the mission of the Installation and inconsistent with the protection of open space and agricultural uses. Further, such transfer shall not be required if by doing so, it would adversely impact on the ability of the Eligible Entity to pursue passive recreational uses of the Real Property Interest, including but not limited to construction and maintenance of all-weather two lane roads, utility infrastructure provided that such infrastructure shall not be incompatible nor inconsistent with the mission of the installation and wetland mitigation banking. d. Title to, or the validity of, a Real Property Interest acquired first by the Eligible Entity for re-conveyance to the Air Force shall comply with United States Department of Justice Title Standards that must be acceptable to the Air Force. e. The Eligible Entity will ensure the immediate recording in the county land records of any Real Estate Interest acquired by it. The Air Force will be responsible for recording any deed of conveyance or deed of easement granted to it by the Eligible Entity. f. The Parties shall provide land surveys, environmental surveys (if applicable), documents obtained from the applicable county real estate records, title insurance reports or commitments, and other documentation that either Party may find necessary to fulfill the purpose of the acquisition. g. The amount of the contribution of the Air Force toward a specific acquisition will be negotiated by the Parties; however, by Federal statute, the contribution by the Air Force cannot exceed the appraised fair market value of the of the Real Property Interest acquired by the Air Force, exclusive of the Allowable Transactional Costs. h. The Air Force and the Eligible Entity agree to share equally Allowable Transactional Costs in support of this acquisition, each Party agrees to bear its own labor cost in implementing this Agreement. In the event the landowner of a parcel identified on Exhibit A refuses to accept the final offer of the Eligible Entity, the Air Force will still pay its share of the related Allowable Transactional Costs. Section 205. Real Estate Appraisal Reports. All Real Property Interests acquired by the Eligible Entity and the Air Force shall be supported by an appraisal report. The Air Force and the Eligible Entity agree to establish procedures and criteria for obtaining an appraisal report, which will be funded by the Air Force as part of the Allowable Transaction Costs. An appraisal report of the specific term(s) of the Real Property Interest will serve as the basis for determining the share of the Real Property Interest being acquired by the Air Force. For purposes of the acceptance of property or interests under this Agreement, the Air Force will only accept an appraisal or title documents prepared or adopted by a non-Federal entity as satisfying the applicable requirements the Uniform Appraisal Standards for Federal Land (the Yellow Book) if the Air Force determines that the appraisal or title documents substantially comply with the requirements. Section 206. Land Surveys. The Air Force and the Eligible Entity agree to establish procedures and criteria for the survey of the parcels and payment of associated expenses. The survey shall determine the exact acreage and location of the parcels and identify and locate all existing encroachments and encumbrances affecting the parcels. The survey shall be sufficient to enable title insurers to delete all standard exceptions to coverage under the title policy relating to surveys. Section 207. Title Insurance. Any Real Property Interest purchased under this or any subsequent agreement shall be delivered to the Air Force with a ALTA form of policy of title insurance. The Parties shall establish procedures and criteria for acquisition of a title insurance policy, its allowable exceptions, and the allocation of the associated costs and expenses. ARTICLE HI - COSTS Section 301. Air Force. a. The Air Force shall initially make available the amount of two hundred thousand dollars ($200,000) toward the cost of obtaining the Real Property Interest in the land identified in Exhibit A. b. The Air Force shall notify the Eligible Entity if additional funds are obligated for the purposes of this Agreement. In the event that additional funds are obligated for the purposes of this Agreement, then the parties shall modify this Agreement to incorporate that funding. Section 302. Eligible Entity. a. In accordance with 10 U.S.C. § 2684a(d)(4)(E) the contribution of the Eligible Entity to the acquisition costs of real property, or an interest in real property the Eligible Entity shall initially make available a contribution of up to two hundred thousand dollars ($200,000), conditioned upon reimbursement of this amount from grant funds, toward the cost of acquiring its share of the Real Property Interest in the land identified in Exhibit A—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. b. The acquisition priority will be for those parcels under the Duke Airfield Approach Departure Clearance Surface. c. The Eligible Entity shall notify the Air Force if additional funds are obligated for the purposes of this Agreement. Section 303. Close Out and Settlement. The Eligible Entity, through the designated local representative that the Installation will identify to the Eligible Entity, shall promptly deliver to the Air Force Civil Engineering Center an accounting of funding and disbursements made under this Agreement for each Real Property Interest acquisition, which shall be prepared in the form of a closing statement or statements for each acquisition for which the funds of the Air Force will be expended. ARTICLE IV - FUNDING Section 401. Funding Limitation. The funding by the Air Force is subject to the availability of appropriated funds for the purpose of this Agreement. However, the Air Force is under no obligation to deposit additional funds. Section 402. Limitation on the Availability of Funds for the Eligible Entity Obligation. Other than the use of funds for acquisition of the agreed upon Real Property Interest, including Allowable Transactional Costs, the Air Force and the Eligible Entity intend that the Air Force shall have no other financial obligations under the terms of this Agreement. No relocation costs or other incidental expenses shall be due the landowner from the Air Force for any payments to a third-party unless expressly agreed to by subsequent written agreement of the Parties. ARTICLE V —- PAYMENT Section 501. Payment by the Air Force a. The Air Force shall pay to the Eligible Entity its share of the Allowable Transactional Costs and acquisition funds of the Air Force incurred in the performance of this Agreement in a timely manner upon authorization by Marisol Reina, 96 CEG/CEPP, 501 De Leon Street, Suite 101, Eglin AFB, FL 32542. b. The Air Force and the Eligible Entity acknowledge that the Real Property Interests, if successfully negotiated for acquisition by the Eligible Entity, cannot be acquired until the acquisition funds are first received from the Air Force, and the Air Force has authorized the expenditure of those funds expressly by its local designated representative. c. Appropriate payment documents, such as vouchers or closing statements, for Allowable Transactional Costs, shall be submitted to the Air Force at least thirty (30) days prior -to closing scheduled for each Real Property Interest. Failure to submit those vouchers within that time period shall not affect the entitlement of the Eligible Entity to receive the Air Force’s payment of the Allowable Transactional Costs in question, but may delay payment beyond the scheduled closing date. d. The Eligible Entity shall make records and accounts pertaining to this Agreement available for inspection during normal business hours by auditors and other authorized Federal government officials as required. Section 502. Direct Federal Payment of the Eligible Entity Obligations. In no event shall the Air Force make direct payment to any contractor, employee, contractor employee, or