Okaloosa County BOCC — August 24, 2013 — reading text

beginning ___________ 2013 through ___________2038. IV. GRANTEE ACCESS Grantee is granted the nonexclusive right to use the walkways, streets, and roads on Eglin Standard Outgrant Easement Page 1 of 10 SAF/GCN-RPO March 2010 Packet Pg. 286  Document Number: FTFA-EG-2-13-004 AFB, Florida in common with the Grantor and its lessees and licensees for access to and from the Easement Area and the nearest public street or highway. V. GRANTOR’S RIGHT OF ACCESS AND INSPECTION Grantor shall have the right to enter the Easement Area at any time and shall have the right to reasonably inspect Grantee’s use of it and any of Grantee’s improvements or property placed thereon, without notice. VI. GRANTOR’S RIGHT OF ACCESS FOR ENVIRONMENTAL PURPOSES Grantor reserves for itself and for the benefit of those local, state and federal governmental agencies that have responsibility for environmental regulatory compliance (the "Environmental Agencies") and their respective officials, agents, employees, and contractors, and subcontractors, the right of access to the Easement Area for the following purposes, either on the Easement Area or on other lands, and for such other purposes, A. to conduct site investigations and surveys, including, where necessary, drilling, soil and water sampling, test-pitting, testing soil borings, and other activities related to the base Environmental Restoration Program (ERP); B. to inspect field activities of the Grantor and its contractors and subcontractors in implementing the ERP; C. to conduct any test or survey required by the Environmental Agencies relating to the implementation of the ERP, or environmental conditions on the Easement Area, or to verify any data submitted to the Environmental Agencies by the Grantor relating to such conditions; D. to conduct, operate, maintain, or undertake any other response, corrective, or remedial action as required or necessary under the ERP, including, but not limited to, the installation of monitoring wells, pumping wells, and treatment facilities; and E. to monitor any environmental restrictive use covenants and the effectiveness of any other land use or institutional control established by the Grantor on the Easement Area, either by itself, by its contractor, by any public entity, including the state, or by a private entity registered in the state to monitor environmental covenants. VII. GRANTOR’S REASONABLE REGULATION The use and occupation of the Easement Area and the exercise of the rights herein granted shall be subject to Grantor’s reasonable restrictions and regulations regarding ingress, egress, safety, sanitation, and security, as Grantor, or its duly authorized representatives, may from time to time impose. Standard Outgrant Easement Page 2 of 10 SAF/GCN-RPO March 2010 Packet Pg. 287  Document Number: FTFA-EG-2-13-004 VIII. CONDITION OF EASEMENT AREA The Grantee has inspected and knows the condition of the Easement Area. It is understood that the Easement is granted “as is, where is” without any warranty, representation, or obligation on the part of the Grantor to make any alterations, repairs, improvements, or corrections to conditions or to defects whether patent or latent. The Parties shall jointly perform and sign or otherwise authenticate a Physical Condition Report at the beginning of the Easement term to document the condition of the Easement Area. This report will be made a part of this Grant as EXHIBIT C. IX. OTHER GRANTS OF ACCESS This Grant is subject to all outstanding easements, rights-of-way, rights in the nature of an easement, leases, permits, licenses, and uses (collectively, “Outgrants”) for any purpose affecting the Easement Area. The Air Force may make additional Outgrants and make additional uses that may affect the Easement Area. However, any such additional Outgrants shall not be inconsistent with the use of the Easement Area by the Grantee under this Easement. X. GRANTEE’S IMPROVEMENTS At least 30 days before doing any work to repair, build, alter, modify, or demolish any improvements in the Easement Area, Grantee shall give written notice of its plans to the Base Commander through the Base Civil Engineer, who shall have the right to review and approve or reasonably modify the plans and to place reasonable restrictions on Grantee’s access, equipment, methods, materials, and manpower related to accomplishing the work, in order to ensure it is done consistent with Grantor’s use of the Easement Area and the operation of the base. In the event all or any portion of the Premises shall be needed by the United States or in the event the presence of Grantee’s property shall be considered detrimental to governmental activities, Grantee shall, from time-to-time and at Grantee’s expense, upon notice to do so, and as often as so notified, remove or relocate its property to such other location or locations on the Premises (or substitute land of Grantor which shall then become part of the Premises) as may be designated by said officer, and in the event Grantee’s property shall not be removed or relocated within thirty (30) days after any aforesaid notice, the United States may cause the same to be done at the expense of the Grantee. XI. NO OBSTRUCTIONS Neither party shall use the property nor construct, erect, or place any objects, buildings, structures, signs, or wells of a permanent nature on, under or over the Easement Area that will unreasonably interfere with the other Party’s use of the premises, as set out in this Grant or its reservations. Standard Outgrant Easement Page 3 of 10 SAF/GCN-RPO March 2010 Packet Pg. 288  Document Number: FTFA-EG-2-13-004 XII. GENERAL INDEMNITY The Grantee shall indemnify, defend, save, and hold the Government harmless to the extent and as limited by the waiver of sovereign immunity provisions of Section 768.28 Florida Statutes, against any and all judgments, expenses, liabilities, claims, and charges of whatever kind or nature (“Losses”) that may arise as a result of the activities of the Grantee, whether tortuous, contractual, or other, except, to the extent the Grantee is prohibited from 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. XIII. LIMITATION OF GRANTEE RIGHTS Except as is reasonably required to effect the purpose of this Grant, the Grantee has no right of use, license, easement, servitude, or usufruct, for any purpose, by necessity or otherwise, express or implied, on, over, across, or under any of the real property of the Grantor, and the Grantee agrees not to assert any such right or interest by reason of this Grant. XIV. INSURANCE Grantee shall maintain the following insurance coverage on which the Government shall be an Additional Named Insured: A. Commercial general liability insurance using the most recent occurrence form or its equivalent, covering personal injury, bodily injury, premises, operations, products, completed operations, and independent contractors. That insurance shall provide coverage for the contractual liability assumed by the Grantee and shall afford immediate protection at the time of the Term Beginning Date, and at all times for each occurrence and aggregate amount no less than as described in the insurance policy period dated 10/01/2012 to 10/01/2013 at EXHIBIT D. B. All policies of insurance which this grant requires the Grantee or any contractor to purchase and maintain, or cause to be purchased and maintained, shall be underwritten by insurers authorized to underwrite insurance in the state where the Easement Area are located. In all policies, Grantor shall be named as additional insured for its interest in, but not limited to, the Easement Area and any personal property included thereon (under ISO forms CG 2011 and CG 2028 or their equivalents). Grantor shall appear in all policies as “United States of America, c/o Air Force Real Property Agency.” All policies shall provide (a) that no cancellation, reduction in amount, or material change in coverage shall be effective until at least sixty (60) days after receipt by the Government of written notice; (b) that the insurer shall have no right of subrogation against the Government; and (c) shall be reasonably satisfactory to Grantor in all other respects, including, without limitation, the amounts of coverages and deductibles from time Standard Outgrant Easement Page 4 of 10 SAF/GCN-RPO March 2010 Packet Pg. 289  Document Number: FTFA-EG-2-13-004 to time. In no circumstances will Grantee be entitled to assign to any third party rights of action that the Grantee may have against Grantor. Notwithstanding the foregoing, any cancellation of insurance coverage based on nonpayment of the premium shall be effective upon thirty (30) days’ written notice to Grantor. Grantee understands and agrees that cancellation of any insurance coverage required to be carried and maintained by Grantee or contractor under this grant will constitute a failure to comply with its terms, and Grantor shall have the right to terminate the easement upon receipt of any such cancellation notice, if Grantee fails to cure such noncompliance promptly. XV. AIRFIELD CONSTRUCTION Any new construction or alteration at the end of the runway, or within lateral clear zones for the runway, shall comply with any applicable Air Force requirements, such as those contained in Air Force Manual 32-1123(1) entitled "Airfield and Heliport Planning and Design," dated May 1, 1999. XVI. PRESERVATION OF CULTURAL AND NATURAL RESOURCES A. The Grantee shall comply with the base Cultural Resource Management Plan which calls for preservation of cultural resources, if any, on the installation. B. The Grantee shall comply with the base Integrated Natural Resources Management Plan which calls for protection of natural resources or endangered species, if any, on the installation. XVII. GRANTEE PERMITS Grantee shall be responsible for and obtain, at its sole expense, any approvals, permits, or licenses which may be necessary to the construction and operation of improvements within the Easement Area, in compliance with applicable law. XVIII. ENVIRONMENTAL CONDITIONS The Grantor discloses to the Grantee the information described in the attached EXHIBIT E. The Grantee acknowledges that it has reviewed, or has been afforded the opportunity to review, these documents and any other representations of