Okaloosa County BOCC — July 1, 2014 — College Blvd Easement 2011 — reading text

Document Number: FTFA-EG-2-11-002 DEPARTMENT OF THE AIR FORCE GRANT OF EASEMENT FOR OKALOOSA COUNTY WATER AND SEWER EGLIN AIR FORCE BASE, FLORIDA Standard Outgrant Easement SAF/GCN-RPO March 2010 Document Number: FTFA-EG-2-11-002 DEPARTMENT OF THE AIR FORCE GRANT OF EASEMENT FOR OKALOOSA COUNTY WATER AND SEWER EGLIN AIR FORCE BASE, FLORIDA TABLE OF CONTENTS I. PARTIES AND PURPOSE II. CONSIDERATION Ill. TERM IV. GRANTEE ACCESS V. GRANTOR’S RIGHT OF ACCESS AND INSPECTION VI. GRANTOR’S RIGHT OF ACCESS FOR ENVIRONMENTAL PURPOSES VIE. GRANTOR’S REASONABLE REGULATION VIII. CONDITION OF EASEMENT AREA IX. OTHER GRANTS OF ACCESS X., GRANTEE’S IMPROVEMENTS XI. NO OBSTRUCTIONS XII. GENERAL INDEMNITY XIII. LIMITATION OF GRANTEE RIGHTS XIV. INSURANCE XV, AIRFIELD CONSTRUCTION XVI. PRESERVATION OF CULTURAL AND NATURAL RESOURCES XVII. GRANTEE PERMITS XVII. ENVIRONMENTAL CONDITIONS XIX. ENVIRONMENTAL COMPLIANCE XX. ENVIRONMENTAL USE RESTRICTIONS XXI. HAZARDOUS MATERIALS AND HAZARDOUS WASTE XXII. GRANTOR ENVIRONMENTAL REMEDIATION XXIII. ENVIRONMENTAL INDEMNIFICATION XXIX. ENVIRONMENTAL LIABILITY OF THE GRANTOR XXV. ABANDONMENT OR TERMINATION OF EASEMENT XXVI. DAMAGE TO OR REMOVAL OF GOVERNMENT PROPERTY XXVII. REMOVAL OF GRANTEE IMPROVEMENTS... XXVIII. REMEDIES FOR NON-COMPLIANCE XXIX. ASSIGNMENT XXX. AUTHORIZED REPRESENTATIVES AND NOTICES oe Oo NY HN HS WH DDD ADA Hh nn UW RW wD WwW WD |S wR NY NY == ee =| = = Standard Outgrant Easement . i SAF/GCN-RPO March 2010 Document Number: FTFA-EG-2-11-002 DEPARTMENT OF THE AIR FORCE GRANT OF EASEMENT I. PARTIES AND PURPOSE THE UNITED STATES OF AMERICA, acting by and through the Secretary of the Air Force (the "Grantor"), under and pursuant to the authority granted in 10 U.S.C. § 2668, the Secretary of the Air Force having determined that no more land than needed for the easement is included herein, and the granting of this easement is not against the public interest, does hereby GRANT and CONVEY to Okaloosa County Water and Sewer, a company, duly incorporated in the State of Florida and authorized to do business in this State (Grantee), a nonexclusive easement to install and maintain water and sewer pipelines on, over, under, and across the property on Eglin Air Force Base (AFB), Florida, as described in Exhibits A and B (the “Easement Area”). The Grantor and Grantee may be referred to as Parties or separately as a Party. II. CONSIDERATION The sum of $1.00 and the provision of maintenance, repair, and security of the Easement Area, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Ill. TERM This Grant shall be for a term of 25 years, or through 16 February 2036. IV. GRANTEE ACCESS Grantee is granted the nonexclusive right to use the walkways, streets, and roads on Eglin 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. Y. 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. Standard Outprant Easement Page | of 9 SAF/GCN-RPO March 2010 Document Number: FTFA-EG-2-11-002 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, coriéctive, 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. . 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. Standard Outgrant Easement Page 2 of 9 SAF/GCN-RPO March 2010 Document Number: FTFA-EG-2-11-002 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. XI. NO OBSTRUCTIONS Neither party shall use the property nor construct, ereci, or place aity 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. XII. GENERAL INDEMNITY The Grantee shall, to the extent permitted by law, indemnify the Grantor, its agents and employees, from and against any loss, damage, claim, or liability whatsoever resulting in personal injury or death, or damage of property of the Grantor and others, directly or indirectly due to the negligent exercise by the Grantee of any of the rights granted by the Grant, or any other negligent act or omission of the Grantee, including failure to comply with the obligations of this Grant or of any applicable laws that may be in effect from time to time. XU. 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. Standard Outgrant Easement Page 3 of 9 SAF/GCN-RPO March 2010 Document Number: FTFA-EG-2-11-002 XIV. INSURANCE Grantee shall maintain the following insurance coverage on which the Government shall be an Additional Named Insured: B. 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 with single limit coverage of $5 million each occurrence and $10 million aggregate. C. 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, and which have a rating of at least B+ by the most recent edition of Best’s Key Rating Guide. 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.” Ail policies shall provide (a) that no canceliation, 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 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. Standard Outgrant Easement Page 4 of 9- SAF/GCN-RPO ‘March 2010 Document Number: FTFA-EG-2-11-002 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 consiruction and operation of