Okaloosa County BOCC — July 1, 2014 — College Easement Amendment #1 & Exhibit A — reading text

AMENDMENT #1 TO DEPARTMENT OF THE AIR FORCE FTFA-EG-2-11-002 EGLIN AIR FORCE BASE, FLORIDA THIS AMENDMENT, made and entered into between the SECRETARY OF THE AIR FORCE, of the first part, and OKALOOSA COUNTY WATER AND SEWER, of the second part, WITNESSETH: WHEREAS, on |7 February 2011, the party of the first part executed Easement FTFA-BG-2-11- 002 to Okaloosa County Water and Sewer, for a term of twenty five (25) years, beginning 17 February 2011 and ending 16 February 2036 but revocable at will by the Secretary of the Air Force, for installation and maintenance of water and sewer pipelines on, over, under, and across Eglin AFB; and NOW THEREFORE, the parties hereto do mutually agree that Easement FTFA-EG-2-11-002 is amended in the following respects only, effective when this Amendment is signed and authenticated by both parties: 5. Addition of a 100’ x 100’ parcel for construction of a lift station contiguous to current easement. Replacement of Exhibit A with the attached legal description containing 6.84 acres, more or less. Replacement of Exhibit B with the attached survey containing 6.84 acres, more or less. Addition of Exhibit D-1 with the attached Supplemental Environmental Baseline Survey, Environmental Baseline Survey Adoption, Environmental Assessment, Final Mitigation and Monitoring Plan, Finding of No Significant Impact, and Final Environmental Baseline Survey “Eglin Main and Camp Rudder Wastewater Treatment Pipelines and Three Lift Stations, Eglin Air Force Base, Florida”. Addition of Exhibit E with the attached Environmental Use Restrictions. All other terms and conditions of said lease shall remain the same. This amendment is not subject to Title 10, United States Code, Section 2662. [Signature Page to Follow] IN WITNESS WHEREOEF I have set my hand by authority of the Secretary of the Air Force this day of 2014. The above instrument is hereby accepted this Attest: THE UNITED STATES OF AMERICA by its Secretary of the Air Force By: DAVID A. HARRIS Brigadier General, USAF Commander, 96th Test Wing day of 2014. OKALOOSA COUNTY BOARD OF COMMISSIONERS By: CHARLES K. WINDES JR., Chairman Okaloosa County Board of County Commissioners IN WITNESS WHEREOF I have set my hand by authority of the Secretary of the Air Force this day of 2014. The above instrument is hereby accepted this Attest: THE UNITED STATES OF AMERICA by its Secretary of the Air Force By: DAVID A. HARRIS Brigadier General, USAF Commander, 96th Test Wing day of 2014, OKALOOSA COUNTY BOARD OF COMMISSIONERS By: CHARLES K. WINDES JR., Chairman Okaloosa County Board of County Commissioners IN WITNESS WHEREOF I have set my hand by authority of the Secretary of the Air Force this day of 2014. The above instrument is hereby accepted this Attest: THE UNITED STATES OF AMERICA by its Secretary of the Air Force By: DAVID A. HARRIS Brigadier General, USAF Commander, 96th Test Wing day of 2014. OKALOOSA COUNTY BOARD OF COMMISSIONERS By: CHARLES K. WINDES JR., Chairman Okaloosa County Board of County Commissioners A 30 foot Utility and 100x100 Lift Station Easement Described as Follows: Commence at the South West corner of Section 32, Township 1 North, Range 22 West, Okaloosa County, Florida, located at coordinates N 563479.90 E 1346198.08 of the Florida North State Plane coordinate system (coordinates not verified); thence §88°48'00"E 2000.00 feet; thence NO0°25'00"E 150.00 feet to a point on the North Right of Way of College Blvd. and the South East Corner of an Easement recorded in Book 2950 Page 3068 of the Official Records of Okaloosa County, Florida, said point also being the Point of Beginning of the following described 30° Utility Easement and located at coordinates N 563554.30 E 1348197.75 of the Florida North State Plane coordinate system; thence NO2°09'58"E 10 feet; thence $87°50'02"E 197.02 feet to a point on a curve to the right having a radius of 347.55 feet; thence along said curve an arc distance of 26.42 feet, Chord Bearing and distance §85°39'22"E 26.41 feet; thence $82°42'58"E 36.32 feet; thence §83°41'07"E 149.04 feet; thence $85°04'29"E 311.07 feet; thence $87°45'14"E 533.46 feet; thence N88°56'28"E 191.03 feet; thence $87°S0'02"E 2243.15 feet; thence N89°59'24"E 36.20 feet; thence $78°45'36"E 189.69 feet; thence N89°59'24"E 18.77 feet; thence $88°06'26"E 1992.87 feet; thence S88°05'52"E 2643.87 feet; thence $38°21'25"E 309.71 feet; thence N46°38'35"E 9.85 feet; thence $87°41'32"E 61.55 feet; thence NO2°18'29"E 101.23 feet; thence $87°41'34"E 100.00 feet; thence $02°18'29"W 81.42 feet; thence $88°21'25"E 43.16 feet; thence N88°40'41"E 19.77 feet to a point ona curve to the left having a radius of 2122.84 feet; thence along said curve an arc distance of 200.01 feet, Chord Bearing and Distance N87°09'22"E 199.93 feet; thence N34°25'48"E 1.99 feet to a point on a curve to the left having a radius of 2122.52 feet; thence along said curve an arc distance of 46.00 feet, Chord Bearing and Distance N83°46'56"E 46.00 feet; thence N33°24'01"E 19.83 feet; thence N81°50'16"E 22.78 feet; thence §75°39'44"E 167.39 feet; thence §30°39'44"E 29.20 feet; thence $08°09'44"E 5.45 feet to a point on the North Line of Section 3, Township 1 South, Range 22 West, Okaloosa County, Florida; thence along said North Line N88°21'25"W 33.03 feet; thence departing said North Line N30°39'44"W 4.15 feet; thence N75°39'44"W 148.99 feet; thence $81°50'16"W 17.22 feet; thence $83°24'01"W 20.17 feet to a point on a curve to the right having a radius of 2153.17 feet; thence along said curve an arc distance of 46.60 feet, Chord Bearing and Distance $83°47'00"W 46.60 feet; thence $84°25'48"W 2.01 feet to a point ona curve to the right having a radius of 2152.84 feet, thence along said curve an arc distance of 202.53 feet, Chord Bearing and Distance $87°09'07"W 202.45 feet; thence $88°40'41"W 20.23 feet; thence N88°21'25"W 34.18 feet; thence $46°38'35"W 27.86 feet; thence N87°41'32"W 139.56 feet; thence $46°38'35"W 9.65 feet; thence N88°21'25"W 322.20 feet; thence N88°05'52"W 2643.94 feet; thence N88°06'26"W 1992.37 feet; thence $89°59'24"W 21.23 feet; thence N78°45'36"W 189.69 feet; thence $89°59'24"W 33.81 feet; thence N87°50'02"W 2242.88 feet; thence §88°56'28"W 191.05 feet; thence N87°45'14"W 535.02 feet; thence N85°04'29"W 312.14 feet; thence N83°41'07"W 149.66 feet; thence N82°42'58"W 36.37 feet to a point on a curve to the left having a radius of 317.55 feet; thence along said curve an arc distance of 23.94 feet, Chord Bearing and Distance N85°40'26"W 23.94 feet; thence N87°50'02"W 205.25 feet; thence N42°49'41"W 28.28 feet to a point on the North Right of Way line of College Blvd.; thence along said Right of Way $87°50'02"E 28.22 feet to the Point of Beginning. Contains 6.84 Acres, more or less. EXHIBIT A| EXHIBIT E - ENVIRONMENTAL USE RESTRICTIONS An Environmental Baseline Survey, RCS 10-438/10-394 “Environmental Baseline Survey for the College Boulevard System Improvement Projects, Niceville, Florida ”, was certified in October 2012 and addresses the pertinent environmental issues. Grantee is responsible for implementing all applicable management requirements identified in the above referenced Environmental Baseline Survey at Exhibit E. An Environmental Assessment was completed for a similar project, RCS 10-342 “Eglin Wastewater Treatment” which addresses the pertinent environmental issues. Grantee is responsible for implementing all applicable management requirements identified in the referenced Environmental Assessment and documents at Exhibit E-1. If Grantee is unable to accommodate these requirements, the proposed action will require additional environmental analysis. Contact Terry Perkins, 96 CEG/CEIEA at (850) 882-9906 with questions. Due to changing environmental conditions and/or regulations, the assigned Categorical Exclusion (CATEX 11) for this proposed action will expire 25 Nov 2018. If proposed action is not implemented by 25 Nov 2018, anew AF Form 813 must be submitted. Proposed location for the lift station occurs between two Okaloosa Darter Streams. Eglin Natural Resources has determined that at this time the project will have no effect on the darter. Coordinate with Eglin Natural Resources during the design/construction to ensure impacts will not occur to the darter stream. Please contact Kelly Knight, 96 CEG/CEIEA at (850) 883-5525 for coordination and questions. Provided that the Grantee complies with all applicable state procedures, regulations and permit processes, the proposed activity is compliant with the Florida Coastal Management Program (FCMP) under the General Negative Determination Agreement (GNDA) as agreed upon by the Florida Department of Environmental Protection (FDEP), the Florida Fish and Wildlife Conservation Commission (FWC), the State Historic Preservation Officer (SHPO) and Eglin AFB signed August 2012. Archaeological monitoring required in vicinity of SR 285. Please contact Teresa Brown, 96 CEG/CEIEA at (850) 883-5207 with questions. A UXO survey/study is required and must be conducted by active duty EOD or UXO qualified personnel prior to any ground intrusive activity on property known or suspected to contain Munitions and Explosives of Concern (MEC), UXO or Discarded Military Munitions (DMM). Contact 96 TW/SEU (Range Safety), Ronald Cofer, (850) 882-7347 and 96 TW/SEG (Ground Safety), Tommy Salter, (850) 882-7385. Applicant must coordinate with Eglin Natural Resources Forestry Section prior to any tree removal as trees may be merchantable. Please contact Mr. Al Sutsko, 96 CEG/CEIEA, at (850) 883-1129 or Mr. Scott Hassell, 96 CEG/CEIEA, at (850) 883-1126. When conducting any land clearing operations on Eglin, all vegetative debris must be disposed of in one of the following methods: mulching and spreading on site, hauling to a landfill, or burning using an air curtain incinerator. If burning with an air curtain incinerator, all Florida laws must be adhered to and Eglin's Natural Resources Section, Fire Management Element at (850) 882-6233 must be notified each day that burning is being conducted. Grantee is required to obtain an approved AF IMT 103, Base Civil Engineering Work Clearance Request (also known as a Dig Permit), prior to performing any digging or ground disturbing activities on Eglin AFB. Please contact the Civil Engineering Customer Service Desk at (850) 882-8347. Grantee is required to contact the Range Operations Control Center at (850) 882-5800 and obtain a Z Number prior to entering Eglin ranges.