Okaloosa County BOCC — April 15, 2014 — Cooperative Agreement — reading text

COOPERATIVE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND OKALOOSA COUNTY, FLORIDA ARTICLE I – SCOPE, PURPOSE, AND AUTHORITY Section 101. General a. This Cooperative Agreement (“Agreement”) is made between The United States of America (the “United States”), acting by and through the Secretary of the Air Force (the “Air Force”), and Okaloosa County, a political subdivision of the State of Florida (the “Eligible Entity”) as defined in Article VI of this Agreement, for the acquisition of rights, titles, or interests in and to real property for or on parcels of land in the vicinity of Eglin Air Force Base, Florida (the “Installation”), and contribution by the Air Force of Federal funds for those acquisitions, all in accordance with the provisions of 10 U.S.C. § 2684a, as amended. 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, along with Exhibits, includes all terms and conditions relating to the contribution of funds by the Air Force for the acquisition of Real Property Interests by the Eligible Entity. The Exhibits are an integral part of this Agreement. c. The Eligible Entity agrees to transfer to the Air Force a Restrictive Use Easement (the “Easement”) relating to a portion of the land described in Exhibit A and Exhibit D, depicted in Exhibit B, and identified on Exhibit C and Exhibit E (the “Easement Area”), and containing approximately 750acres of land, more or less, pending appraisals, negotiation, and other funding opportunities. 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 Engineer 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 restricts the use of property that has been or will be acquired by the Eligible Entity, conditioned upon the receipt of certain grant funding. d. The Air Force agrees to make available to the Eligible Entity the following grant amounts which represent its full and complete contribution toward the cost of the property to be acquired by the Eligible Entity within the Easement Area, at equal to or below fair market value, plus Allowable Transaction Costs. The Parties agree to the following matching contributions by the Air Force and the Eligible Entity: (1) REPI FY2011 - $500,000 –matching Eligible Entity contribution is conveyance of a Restrictive Use Easement on a majority of the Existing Acreage (as defined herein) (2) REPI FY2012 - $200,000 - matching Eligible Entity contribution is $200,000 Defense Infrastructure Grant (DIG) (3) REPI FY2013 - $200,000 - matching Eligible Entity contribution is a $200,000 DIG (4) REPI FY2014 - $200,000 - matching Eligible Entity contribution is a $200,000 DIG (5) Eligible Entity agrees to make such additional financial contribution as is necessary to pay for the Proposed Acreage (as defined herein). e. In the event the Eligible Entity fails or refuses to deliver the Easement in accordance with this Agreement, the Air Force may resort to the remedy of specific performance if permitted by the State of Florida, or the Air Force may terminate this Agreement. In the event the Air Force fails or refuses to complete this transaction, the Eligible Entity may terminate this as its sole remedy upon written notice to the Air Force within five (5) business days of the failure or refusal. In the event of termination as set 1 forth in this section, the Eligible Entity shall return to the Air Force any of the unspent or not incurred portion of the grant funds identified in Section 101.d., less one-half of the Allowable Transaction Costs spent or incurred to date. f. 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 not made available to the Eligible Entity to carry out the transactions contemplated by this Agreement. Furthermore, the Eligible Entity’s obligations for acquiring and conveying the 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 Real Property Interests from the landowner. In the event these conditions are not met for some or all of the property which is the subject of this Agreement, the Eligible Entity shall return to the Air Force any of the unspent or unincurred portion of the grant funds identified in Section 101.d., less one-half of the Allowable Transaction Costs spent or incurred to date, as directed by the Air Force. Section 102. Authority. a. 10 U.S.C. § 2684a, as amended, authorizes the secretary of a military department to enter into agreements with a state or political subdivision of a state, or a private conservation organization (the “Eligible Entity”), to limit the use or development of real property in the vicinity of, or ecologically related to a military installation or military airspace, including, but not limited to, a training or testing range or Military Training Route (MTR). b. These agreements are intended to (a) limit development or use of the land that would be incompatible with the mission of the installation; or (b) preserve habitat on the land compatible with environmental requirements and which may eliminate or relieve environmental restrictions that could restrict, impede, or interfere with military training, testing, or operations on or near the Installation. c. Agreements under this authority must provide for the acquisition by the Eligible Entity (a) of all right, title, and interest in and to any real property (fee simple), or any lesser estate or interest in the land (e.g., conservation easement or restrictive use easement) (the Real Property Interest as defined herein) as may be appropriate, and (b) the sharing by the United States of Acquisition and Allowable Transaction Costs of acquiring any Real Property Interest, as may be agreed to by the Parties. d. The Eligible Entity is authorized by its Charter, Code of Ordinances, or State law 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 acquired 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 cooperate in limiting 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 or its military airspace, or those which are ecologically related to the installation, in Okaloosa County, Florida. This Agreement in no way restricts the Air Force or the Eligible Entity from 2 participating in similar activities with other public or private entities or persons. The parties acknowledge the Eligible Entity is planning on utilizing the Real Property Interests acquired 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 Easement Area 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. 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. b. The Eligible Entity and the Air Force further agree the limitations placed on development or use of lands around the Installation will serve the interests of the Air Force and the Eligible Entity in a manner to eliminate or minimize encroachment upon, and provide a protective buffer zone for the Installation, its mission and operations. c. Unless otherwise agreed, the Eligible Entity shall convey all of its right, title and interest in and to any alleys, streets, ways, strips, or gores abutting or adjoining the land that constitutes the Real Property Interest to the Air Force, in the event the Real Property Interest is acquired by the Air Force pursuant to the terms of this Agreement. d. Unless otherwise provided by law, the Eligible Entity may transfer any portion of the fee interest acquired under this Agreement or a lesser interest therein to the United States at fair market value of the Eligible Entity share at the time of acquisition, subject to the Eligible Entity being able 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 not incompatible nor inconsistent with the mission of the installation, and wetland mitigation banking. Any such transfer shall be limited to the minimum Real Property Interest necessary to ensure the property concerned is developed and used in a manner consistent with the purposes of 10 U.S.C. § 2684a, as amended. e. After recordation of the Deed or Easement document by the Eligible Entity, the Eligible Entity shall take responsibility for long-term monitoring of the Easement Area to verify compliance with the terms and conditions of the Easement, and to take any necessary enforcement action, as agreed to in Section 716 hereof. The Air Force will have the right to enforce the terms of the Easement when appropriate. Section 202. Obligations of the Eligible Entity. a. The Eligible Entity agrees to exercise its best efforts to supervise, manage, and operate the Real Property Interest(s) acquired 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 pay its share of the costs for the acquisition of Real Property Interests in the manner set forth in Section 101 d., and to contribute funds sufficient to pay related Allowable Transaction Costs as defined in Section 602 of this Agreement. c. 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 committed to it for the purchase of any Real Property Interest are withdrawn, frozen, or otherwise made unavailable to the Eligible Entity to carry out the transactions contemplated by this Agreement. 3 Section 203. Obligations of the Air Force. a. The Air Force agrees to contribute sufficient funds to pay its share of Acquisition and Allowable