Okaloosa County BOCC — April 19, 2016 — Site Work Agreement

SITE WORK AGREEMENT BETWEEN EGLIN AIR FORCE BASE 96 Civil Engineer Group and OKALOOSA COUNTY, FLORIDA This Site Work Agreement is entered into this day of 2016, by and between Eglin Air force Base 96" Civil Engineer Group, located at 501 De Leon Street, Suite 100, Eglin AFB, Florida 32542-5133 (the “Government”), and Okaloosa County, a county government created under the laws of the State of Florida, with its principle offices located at 1250 N. Eglin Pkwy., Shalimar, Florida 32579 (the “County™). WITNESSETH WHEREAS, the Government and the County entered into Lease USAF-AFMC-FTDA-14- 0030, effective December 20, 2013, for the Aircraft Rescue and Fire Fighting Station ("ARFF” Station) along Taxiway H. The purpose of the ARFF Station is to provide both civilian and military aircraft operations on Eglin property with a2 much needed aircraft rescue and firefighting station; and WHEREAS, it has been determined that a supply of increased water pressure and flow to the ARFF Station will be needed for utilization of potable water and fire protection; and WHEREAS, to increase the water pressure and flow to the ARFF Station, a new water main is necessary on Taxiway H. This Taxiway H Water Main Project (“Project”) has been identified by the Government as a critical infrastructure project and construction that will benefit the Air Force Base; and WHEREAS, the parties have determined that the County has the in-house resources available to construct this Air Force Project; and WHEREAS, to fund the project, the parties agree that it is in the best interest of the parties that the County withhold certain rent payments due to the Government pursuant to Lease AFMC-ED-01-06-001, effective October 2, 2006 for the County’s Arbennie Pritchett Water Reclamation Facility. Currently, the County pays an annual fee into an escrow account, established via an Escrow Agreement between the parties, to the Air Force for use of the County-owned facility on Eglin Property; and WHEREAS, in anticipation of this Site Work Agreement between the parties, the County has withheld its October 2015 payment to the Escrow Account; and WHEREAS, pursuant to an Escrow Agreement made as of October 03, 2006, and amended on October 03, 2007, between the United State of American acting by and through the Secretary of the Air Force, the County, and Sun Trust Bank, for most Site Work Agreements, the County is authorized after full execution of a Site Work Agreement between the County and Government, and a proper “Draw Request” by Sun Trust Bank, to receive funds from the escrow account to undertake, perform and complete agreed upon site work; and WHEREAS, this Site Work Agreement is unique in that instead of permitting the withdrawal of funds from the Escrow Account, the Government desires to have the County withhold specific rent payments to the Escrow Account required under lease ADMC-EG_01-06- 001, in lieu of which the County will fund the site work for the Air Force’s Taxiway H Water Main project as further detailed below; and WHEREAS, additional funds of up to $411,983 from FAA grant AIP Number 3-12-0081- 025-2013, as amended from time-to-time, shall also be appiied to the construction of the Project as further detailed below. NOW THEREFORE, in consideration of the mutual benefits to be derived by the terms of the Escrow Agreement, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The following exhibits are hereby incorporated into this Site Work Agreement: a. Exhibit A — Statement of Work and Construction Plans and Specifications, including Exhibit 1 therein. b. Exhibit B — Cost Estimate for the Taxiway H Water Main Extension. . Exhibit C ~ Letter from the FAA to the County dated October 9, 2015. d. Exhibit D - Letter from the County to the Government dated November 3, 2015. 3. Scope of Work. The County shall undertake, perform and complete the site work set forth within this Agree