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

Transaction Costs incurred in performance of this Agreement according to the terms and conditions for payment under Article V. b. Whenever the terms of this Agreement require the coordination, concurrence, or approval by the Air Force, it will not be unreasonably withheld. Any request by the Eligible Entity 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 Anti-Deficiency Act, 31 U.S.C. § 1341, or other applicable Federal law. Additionally, the performance of the Air Force under this Agreement is contingent upon its being allocated funds by the Department of Defense under its Readiness and Environmental Protection Integration (REPI) Program. Section 204. Acquisition Process. a. The Eligible Entity and the Air Force acknowledge the location and suitability of the Existing Acreage and agree to establish procedures and criteria for the identification of land that will be the object of the acquisition of a Real Property Interest in the Proposed Acreage by the Eligible Entity. b. Acquisition of a Real Property Interest in land by the Eligible Entity may only be accomplished with the voluntary consent of the landowner. c. Title to the Proposed Acreage acquired first by the Eligible Entity for conveyance of the Easement to the Air Force shall comply with the United States Department of Justice Title Standards and must be acceptable to the Air Force. d. 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 the cost of recording any deed of conveyance or deed of easement subsequently assigned to it by the Eligible Entity. The Eligible Entity will obtain a derivation of title clause ((i.e., refer to the deed(s) to the grantor(s) or other source of grantor’s title, by book, page, and place of record)) wherever customary or required by statute. e. The Parties shall provide land surveys, environmental surveys, documents obtained from the applicable county real estate records, title insurance reports or commitments, and other documentation either Party may find necessary to fulfill the purpose of this Agreement. f. The amount of the contribution of the Air Force toward a specific Real Property Interest 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 Real Property Interest acquired by the Eligible Entity, exclusive of the Allowable Transactional Costs. g. The Air Force and the Eligible Entity agree to share equally the Allowable Transactional Costs in support of these acquisitions, such as, by way of example and not of limitation, appraisal reports, land surveys, escrow agent fees and expenses, real estate agent fees, environmental assessments, title insurance, and recording fees, as agreed by the Parties. h. Each Party agrees to bear its own labor cost in implementing this Agreement. In the event a landowner of the parcel(s) identified on Exhibit A and depicted in Exhibit B refuses to accept the final offer of the Eligible Entity, the Air Force will still share in the related Allowable Transaction Costs. 4 Section 205. Real Estate Appraisal Reports. a. All Real Property Interests acquired by the Eligible Entity 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 and the equal sharing of costs associated with it, as agreed by the Parties. An appraisal report will serve as the basis for determining the share of the Real Property Interest being funded by the Air Force. b. For purposes of the acceptance of property or interests under this Agreement, the Air Force may accept an appraisal or title documents prepared or adopted by a non-Federal entity as satisfying the applicable requirements of section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4651) and 40 U.S.C. § 3111 if the Air Force determines the appraisal or title documents substantially comply with the requirements. c. Appraisals supporting acquisition of a real estate interest shall also meet the Uniform Appraisal Standards for Federal Land Acquisitions (the “Yellow Book”). Should the cost of obtaining a Yellow Book appraisal exceed the cost of a standard appraisal, the Air Force agrees to pay the incremental increase. The date of the Appraisal must be less than 12 months from the date of Fee or Easement closing. 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, easements, and any other encumbrances affecting the parcels. The survey shall be sufficient to enable title insurers to delete all standard boundary exceptions to coverage under the title policy relating to surveys. Section 207. Title Insurance. Unless otherwise agreed, any Easement transferred under this Agreement shall be delivered to the Air Force with policy of title insurance having the United States of America as a named insured. 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 associated with it. ARTICLE III – COSTS Section 301. Air Force. a. This Agreement will serve as the basis for the Air Force to issue obligation document(s) for funds allocated to the Installation for which this Agreement is made. The Air Force, through its Local Representative, shall notify the Eligible Entity when funds are available for accessing and expensing for carrying out the purposes of this Agreement. b. The Air Force shall make available the amounts set forth in Section 101 d. toward the cost of acquiring the Real Property Interest(s) in the land identified in Exhibit A and depicted in Exhibit B, and, in addition thereto, its share of Allowable Transaction Costs. c. This Agreement will serve as the basis for obligation of future funds appropriated for the purpose of carrying out this Agreement. The Air Force shall notify the Eligible Entity when additional funds are so obligated and the Parties shall amend this Agreement to extend its terms to incorporate such funding. 5 Section 302. Eligible Entity. a. The Eligible Entity shall make available the amounts set forth in Section 101 d. toward the cost of acquiring its share of a portion of the Real Property Interest(s) in the land identified in Exhibit A and depicted in Exhibit B. b. The Eligible Entity shall notify the Air Force when Real Property Interest acquisitions are ready to close or when funds are to be otherwise spent on Allowable Transaction Costs in carrying out the purpose of this Agreement. Section 303. Closing and Settlement. a. The Air Force shall be afforded an opportunity to review the transaction acquisition closing documentation prior to closing. Such documentation will be provided to the Air Force by the Eligible Entity at least 21 days prior to closing. b. The Eligible Entity shall furnish a signed copy of the Real Property Interest acquisition transaction document(s) to the Air Force Local Representative, the Air Force Civil Engineer Center (AFCEC/CI), and HQ USAF/A7CI, as soon as possible after closing. c. The Eligible Entity, prior to acquisition transaction closing, shall deliver to the Air Force (HQ USAF/A7CI and AFCEC/CI), through its Local Representative, an accounting of funding received and disbursements made under this Agreement for each acquisition of a Real Property Interest so acquired, which shall include a closing statement for each transaction or which funds of the Air Force are being expended and a Memorandum showing the monetary contributions of all parties to the transaction. ARTICLE IV – FUNDING Section 401. Funding Limitations. a. Funding by the Air Force is subject to the availability of funds annually appropriated by Congress for the purpose of carrying out the Office of the Secretary of Defense (OSD) REPI Program. However, the Air Force is under no obligation to allocate or obligate these funds until or unless the annually appropriated funds have been allocated to the Air Force by OSD under the OSD REPI Program. Funds may also be provided by the Air Force from other appropriated O&M funds. b. This Agreement may be used as the basis for Air Force obligation and Eligible Entity expense of appropriated funds only for acquisition of Real Property Interests and Allowable Transaction Costs as provided in this Agreement. c. Funds received by the Eligible Entity in any given year must be placed in an interest bearing account and may be used by the Eligible Entity for such purposes as provided in this Agreement until the end of five (5) years after the end of the Fiscal Year in which they were obligated for use by the Eligible Entity, at which time the appropriation is automatically cancelled. Funds not used (both principal and interest accrued) by the Eligible Entity by the date of funds cancellation must be promptly returned to the United States Treasury as directed by the Air Force. d. Generally, funding provided for any Fiscal Year must be spent by the Eligible Entity before the next or subsequent Fiscal Year’s funding is spent by the Eligible Entity. An award based on a REPI challenge submittal must be spent on the parcels listed in the REPI challenge submittal package. 6  e. Other than the use of funds for acquisition of the Real Property Interest(s) and Allowable Transaction Costs, including costs for easement compliance, oversight, and enforcement, if applicable, the Air Force intends it shall have no other financial obligations under the terms of this Agreement. (For example, no relocation costs or other incidental expenses shall be due the landowner from the Air Force or for any payment(s) to a third-party unless expressly agreed to by subsequent written agreement of the Parties.) ARTICLE V – PAYMENT Section 501. Timely Payment by the Air Force. The Air Force will make available to the Eligible Entity the Air Force share of the funds to acquire the Real Property Interest(s) and the Air Force share of the Allowable Transaction Costs, as provided herein, in a timely manner. Section 502. Use of Funds. a. The funds provided by the Air Force must be used solely by the Eligible Entity for purchase of Real Property interest(s) and items of Allowable Transaction Costs incurred, including costs of easement compliance, oversight and enforcement, in the performance of this Agreement as provided herein. b. The Air Force and the Eligible Entity acknowledge the Real Property Interest(s), if successfully negotiated for acquisition by the Eligible Entity, cannot be acquired until the funds are first obligated by the Air Force, and the Air Force has expressly authorized the expenditure of those funds. c. Appropriate payment documents, such as vouchers, or closing statements, shall