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

successors and permitted assigns. This Assignment is not intended to confer upon any person other than the parties hereto any rights or remedies hereunder. 5. This Assignment shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the State of Florida applicable to contracts made and to be performed within that state. Nothing herein shall be construed to waive any defense of sovereign immunity that Assignee may be lawfully entitled to assert under applicable Florida law. 6. If any term or provision of this Assignment shall, to any extent or for any reason, be held to be invalid or unenforceable, the remainder of this Assignment shall not be affected thereby and shall be construed as if such invalid or unenforceable provision had never been contained herein or been applicable in such circumstances. 7. This Assignment incorporates the Amended Interlocal Agreement and by reference all definitions, terms, provisions, conditions and limitations set forth therein. In the event of any conflict or inconsistency between the definitions, terms, provisions, conditions and limitations set forth in the Amended Interlocal Agreement and those which are set forth in this Assignment, the definitions, terms, provisions, conditions and limitations set forth in the Amended Interlocal Agreement shall supersede and prevail. 8. This Assignment may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Assignment. Executed as of the day and year first above written. [SIGNATURES ON FOLLOWING PAGES] 2 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) EXHIBIT “A” EASEMENTS 1. Lease and Easement Agreement (AFMC-EG-2-01-007 and AFMC-EG-1-01-008) between the Department of the Air Force (Eglin Air Force Base) and the City of Niceville, dated February 8, 2001. (Okaloosa County was inadvertently left off this agreement) 2. Easement from Ruckel Properties, Inc. to Okaloosa County, dated February 24, 1994, for a 20 foot wide easement for the purpose of constructing and maintaining a reclaimed water line on the Rocky Bayou Country Club Golf Course.