Okaloosa County BOCC — December 4, 2012 — NLF 2013 GrantofEasement — reading text

DEPARTMENT OF THE AIR FORCE HEADQUARTERS 96TH AIR BASE WING (AFMC) EGLIN AIR FORCE BASE FLORIDA 9 January 2013 Allan A. Daly Real Property Officer 96th Civil Engineer Group 501 DeLeon Street, Suite 100 Eglin AFB FL 32542-5133 Mr. Scott R. Hanson Public Works Project Manager Okaloosa County 1759 South Ferdon Blvd Crestview FL 32536 Dear Mr. Hanson Enclosed please find an original Easement #FTFA-EG-2-13-002. Please have your authorized representative sign a’ Please return the entire package to the address above. Once signed by the commander, a final executed original will be mailed to you. If you have any questions or need additional information, please contact Jodi Georgulis at (850) 882-1350 or email her at jodi.georgulis2@eglin.af.mil. Sincerely Attachment: Easement #FTFA-EG-2-13-002 FTFA-EG-2-13-002 DEPARTMENT OF THE AIR FORCE GRANT OF EASEMENT FOR EGLIN AIR FORCE BASE, FL Standard Outgrant Easement SAF/GCN-RPO March 2010 DEPARTMENT OF THE AIR FORCE GRANT OF EASEMENT FOR EGLIN AIR FORCE BASE, FL TABLE OF CONTENTS T PARTIES AND PURPOSE sscicccesesrerseorsessnnsseesesinsessoovsorsstvosontssncsnssonsousonnd tli abbitsibsise85U5s0 $5015 5 SASS NESSES 1 TE CONSIDERATION 6 osssossssessrassannstsigozveaeasavasanoneets$egustsouaieisetsdaotdaskzumstoreesBocsiicababerevevoiestusseaasuaniecczessedecachcacstosdecanetausns 1 TED. TERMieosssesssssssnsssonsoncccocssoosssnsnsonessscesenecesnsnanannssssscnnssenssnssnessseseccsseosonsuunesnscnsssssogosesuuuensdceeesesscessannuanenssssseccceseseessssessuannessessets 1 X. GRANTEE’S IMPROVEMENTS XI. NO OBSTRUCTIONS.. XII. GENERAL INDEMNITY XIII. LIMITATION OF GRANTEE RIGHTS ATV... INSURANCE) ssisscssssoneseciscisssassinesvieasesuers XVI. PRESERVATION OF CULTURAL AND NATURAL RESOURCE: VIL. GRANTEE PERMITS ssissccsusussscsucsssscsscscesotascotstiseessscvene tons scans ec esctaseeisectiaahcass SXVEIL. REMEDIES FOR NON-COMPLIANCE .ccsccssuscicssascsosssussssciscsieti esses iies sis eisassbissesbsetsasusaiccesaicascincaaisse 8 BRIA. ASSIGNMENT svcsscsxsviwssesssausesvsuscessesi ives sitinssssiusssessCiieTRSCdiis Sst scaWisi ibibo ancarnannnenasarsnervere. 8 XXX. AUTHORIZED REPRESENTATIVES AND NOTICES .osessssssssssssssssccsssecssssesssssesssssscsssscesssecsssucessueessueceusesssuceesuccesuecees 8 PORT, EEXERIBLUS osssissiesssonesssoneesonnesconntosornanonvstenassonnoegonnsscecustsucustasaaseusiSu oss Visiesusctussot utd S0Gsigobaa sussuoadeanesipieictssisensuecesanees 9 FTFA-EG-2-13-002 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 Board of County Commissioners, a (Grantee), a nonexclusive easement to access the Niceville Sanitary Landfill site to inspect, monitor and maintain pollution monitoring wells on, over, under, and across the property on Eglin Air Force Base (AFB), FL, as described in EXHIBIT A and depicted on EXHIBITS B-1 and B2 (the “Easement Area”). The Grantor and Grantee may be referred to as Parties or separately as a Party. II. CONSIDERATION A. 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. B. The Grantee, at its own expense, shall record this executed easement (including EXHIBITS A, B-1 and B-2) in the public records of the county within which the easement site is located within fourteen (14) days after receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement (including EXHIBITS A and B-1 and B-2) which contains the O. R. Book and pages at which the easement is recorded.” Il. TERM This Grant shall be for a term of 25 years, beginning on 22 May 2012 through 21 May 2037. IV. GRANTEE ACCESS Grantee is granted the nonexclusive right to use the walkways, streets, and roads on Eglin AFB FL 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. Page | of 10 FTFA-EG-2-13-002 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, 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. 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. Page 2 of 10 FTFA-EG-2-13-002 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 A. 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. B. 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. 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. Page 3 of 10 FTFA-EG-2-13-002 XII. 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 with single limit coverage for each occurrence and aggregate amount no less than as described in the insurance policy period dated 1 October 2012 to 1 October 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, 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.” All policies shall provide (a) that no cancellation, reduction in amount, or material change in