Okaloosa County BOCC — October 16, 2012 — Amendment to Interlocal Agreement (with all attachments) — reading text

Course. The other provides reclaimed water for use at various sites in the City of Niceville service area. A 16-inch pipeline connecting to the 12-inch pipeline which lies along College Boulevard and extends to the holding basin on Eglin and a 24-inch pipeline which is used to convey the reclaimed water from the high-service pumps back to College Boulevard. Also included is an 8- inch pipeline and a 12-inch pipeline in parallel from the NVOC Regional WWTF to the 16-inch pipeline. A 10-inch pipeline from College Boulevard to the City Hall Complex and a 10-inch pipeline from Swift Creek Subdivision to the Hwy 20 Commercial Boulevard (Wal-Mart area). Contracts/agreements with the following entities were entered into between the City and the entity, without the consent of the County: Swift Creek Plantation Subdivision, the Preserve at Swift Creek Subdivision, the City Hall Complex, and the Hwy 20 Commercial Boulevard (Wal- Mart area). To the extent the County has any interest in these contracts, they are also transferred as part of this conveyance. ATTACHMENT B1 BILL OF SALE KNOW ALL MEN BY THESE PRESENTS that OKALOOSA COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the “Seller”), for good and valuable consideration, given by the CITY OF NICEVILLE, a municipal corporation of the State of Florida (hereinafter referred to as “Buyer”), the receipt of which is hereby acknowledged pursuant to the Amendment to Interlocal Agreement and Sales Agreement Between the City of Niceville and Okaloosa County (the “Amended Interlocal Agreement”), hereby grant, sell, assign, and convey to Buyer all of Seller's right, title, and interest in and to all of the personal property, both tangible and intangible, of the Reclaimed Water System (the “System”), but not limited to, the following: (a) The System, which consists of the following components: (1) pumps which pump the wastewater effluent from the equalization basin to the filters, a flow control valve which controls the amount of flow pumped into the filters, a polymer feed system, a three-cell rapid sand filter with air scour backwash, a disk filter, secondary chlorination contact basins including mixers and filter backwash pump, a backwash storage basin and pumps, finished water pump station with a flow meter, and controls. (2) The storage and pumping facilities include a three-million gallon, asphalt-lined storage pond, a pre-packaged high-service pumping system with controls, a pressure tank and an additional chlorination system, all located on the Rocky Bayou Country Club. (3) The off-site piping system consists of a 12-inch reclaimed water main from the NVOC Regional WWTF to the holding basin located on the Rocky Bayou Country Club; and 12-inch, 10-inch, 8-inch and 6-inch piping from the high- service pumping system which lies along Forest Road (College Boulevard Extension) and Highway 285 to the Rocky Bayou Christian School. (4) Various size reclaimed water lines (8-inch mains through services lines) in public rights-of-way and easements located in Swift Creek Subdivision, Swift Creek Plantation Subdivision, and the Preserve at Swift Creek Subdivision. (5) A holding basin which holds approximately 19 million gallons located in a borrow pit on the Eglin Air Force Base Falcon Golf Course. The borrow pit is lined with a 60-mil thick textured HDPE liner. (6) A high-service pumping system consisting of two pre-engineered pumping systems which are contained in a block building. One pumping system services Eglin’s Falcon Golf Course. The other provides reclaimed water for use at various sites in the City of Niceville service area. (7) A 16-inch pipeline connecting to the 12-inch pipeline which lies along College Boulevard and extends to the holding basin on Eglin and a 24-inch pipeline which is used to convey the reclaimed water from the high-service pumps back to College Boulevard. Also included is an 8-inch pipeline and a 12-inch pipeline in parallel from the NVOC Regional WWTF to the 16-inch pipeline. (8) A 10-inch pipeline from College Boulevard to the City Hall Complex and a 10- inch pipeline from Swift Creek Subdivision to the Hwy 20 Commercial Boulevard (Wal-Mart area). (b) Contracts/agreements with the following entities were entered into between the City and the entity, without the consent of the County: Swift Creek Plantation Subdivision, the Preserve at Swift Creek Subdivision, the City Hall Complex, and the Hwy 20 Commercial Boulevard (Wal- Mart area). To the extent the County has any interest in these contracts, they are also transferred as part of this conveyance. (c) The following, but only to the extent that Seller's right, title, or interest is transferable: (1) All certificates, permits, license rights, consents, grants, leaseholds, easements and similar rights relating to the construction, maintenance, and operation of the System and its plants and systems for the procuring, storage and distribution of reclaimed water, and every right of every character whatever in connection therewith, subject to the obligations thereof (collectively, the "Certificates"); and (2) All water rights, flowage rights and riparian rights and all renewals, extensions, additions or modifications of any of the foregoing; together with all rights granted to Seller under the foregoing Certificates; (d) All items of inventory owned by Seller on the Closing Date for use in connection with the maintenance and operation of the System, including without limitation, all meters, pumps, pipes, valves, plumbing fixtures, chemicals, stored water, spare parts, and other materials and supplies used by Seller; (e) All supplier lists, customer records, developer files, receipts for payment of connection charges, prints, blueprints, plans, engineering reports, surveys, specifications, shop drawings, equipment manuals, maps, CAD reproductions, and other information in Seller's possession, including any rights of Seller to obtain copies of such items from engineers, contractors, consultants or other third parties, in paper and electronic form as selected by Buyer; (f) All sets of record drawings, including as-built drawings, showing all facilities of the System, including all original tracings, sepias, maps, CAD reproductions or other reproducible materials in Seller's possession, including any rights of Seller to obtain copies of such items from engineers, contractors, consultants or other third parties, in paper and electronic form as selected by Buyer; (g) All rights of Seller under any Agreements which are assumed by Buyer pursuant to the Amended Interlocal Agreement; and (h) All rights of Seller under the Contracts and Leases which shall include, but not be limited to all agreements with respect to reuse, which are assumed by Buyer pursuant to the Amended Interlocal Agreement. Seller represents and warrants that it is providing all of its ownership interest in and to the above-referenced property and has removed or provided for the removal of all liens, security interests, or encumbrances. The terms and conditions contained in the Amended Interlocal Agreement are incorporated herein by reference. IN WITNESS WHEREOF, this instrument shall be effective as of the _ day of 2012. [SIGNATURES ON NEXT PAGE] Signed, sealed and delivered in the presence of: Signed, sealed and delivered in the presence of: OKALOOSA COUNTY, FLORIDA By Don R. Amunds, Chairman Approved as to correctness of form: (Attorney) CITY OF NICEVILLE, FLORIDA By Mayor Randall Wise Approved as to correctness of form: (Attorney) ATTACHMENT B2 Prepared by and return to: Gregory T. Stewart, Esq. Nabors, Giblin & Nickerson, P.A. 1500 Mahan Drive, Suite 200 Tallahassee, Florida 32308 (850) 224-4070 QUIT CLAIM DEED THIS QUIT CLAIM DEED effective this day of , 2012, by OKALOOSA COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1804 Lewis Turner Boulevard, Suite 100, Ft. Walton Beach, Florida 32547, hereinafter called “Grantor,” to CITY OF NICEVILLE, FLORIDA, a municipal corporation of the State of Florida, whose address is 208 N. Partin Drive, Niceville, Florida 32578, hereinafter called “Grantee”; WITNESSETH: That Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee, all that certain infrastructure, more particularly described on Exhibit A attached hereto and incorporated herein, which comprises the Reclaimed Water System as identified herein . TOGETHER with all the Reclaimed Water System infrastructure, more particularly described on Exhibit “B” attached hereto and incorporated herein. TOGETHER with all the tenements, hereditaments and appurtenances thereto of Grantor belonging or in any way appertaining to the Property. TO HAVE AND TO HOLD, the same in fee simple forever. IN WITNESS WHEREOF, Grantor has caused this Quit Claim Deed in favor of Grantee to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers hereunto duly authorized, the day, month and year first above written. Signed, sealed and delivered in the presence of: OKALOOSA COUNTY, FLORIDA Sign: By: Print: Don R. Amunds, Chairman Sign: Print: STATE OF FLORIDA COUNTY OF This instrument was acknowledged before me this day of , 2012 by Don R. Amunds, as Chairman of the Okaloosa County Board of County Commissioners, on behalf of said Board. He is [_] personally know to me or [_] has produced as identification. By: Notary Public, State of Florida Print: EXHIBIT “A” INFRASTRUCTURE DESCRIPTION All Reclaimed Water System infrastructure located in the dedicated rights-of-ways and easements shown on the following recorded plats: - SWIFT CREEK PHASE I - SWIFT CREEK PHASE II - SWIFT CREEK PHASE III - SWIFT CREEK PHASE IV - SWIFT CREEK PHASE V - SWIFT CREEK PHASE VI-A - SWIFT CREEK PHASE VI-B - SWIFT CREEK PHASE VI-C - SWIFT CREEK PHASE VII - SWIFT CREEK PLANTATION PHASE I - SWIFT CREEK PLANTATION PHASE II - SWIFT CREEK PLANTATION PHASE III - SWIFT CREEK PLANTATION PHASE IV - PRESERVE AT SWIFT CREEK All Reclaimed Water System infrastructure located in the following public rights-of-ways: - State Road No. 85, from Hart Street to College Boulevard - College Boulevard, from State Road No. 85 to Carr Drive - State Road No. 285, from College Boulevard to Roaring Creek Way To the extent the County has any interest in any Reclaimed Water System infrastructure located within the city limits of the City of Niceville, they are also transferred as part of this conveyance. EXHIBIT “B” DESCRIPTION OF RECLAIMED WATER SYSTEM INFRASTRUCTURE The Reclaimed Water System consists of the following components: The reclaimed water system facilities consist of pumps which pump the wastewater effluent from the equalization basin to the filters, a flow control valve which controls the amount of flow pumped into the filters, a polymer feed system, a three-cell rapid sand filter with air scour backwash, a disk filter, secondary chlorination contact basins including mixers and filter backwash pump, a backwash storage basin and pumps, finished water pump station with a flow meter, and controls. The storage and pumping facilities include a three-million gallon, asphalt-lined storage pond, a pre-packaged high-service pumping system with controls, a pressure tank and an additional chlorination system, all located on the Rocky Bayou Country Club. The off-site piping system consists of a 12-inch reclaimed water main from the NVOC Regional WWTF to the holding basin located on the Rocky Bayou Country Club; and 12-inch, 10-inch, 8- inch and 6-inch piping from the high-service pumping system which lies along Forest Road (College Boulevard Extension) and Highway 285 to the Rocky Bayou Christian School. Various size reclaimed