Okaloosa County BOCC — July 21, 2015 — Amendment #1 Paragraph 23 Special Provisions — reading text

AMENDMENT #1 TO DEPARTMENT OF THE AIR FORCE USAF-AFMC-FTFA-15-2-0262 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 Board of County Commissioners, of the second part, WITNESSETH: WHEREAS, on 26 March 2015, the party of the first part executed Easement USAF-AFMC- FTFA-15-2-0262 to Okaloosa County Board of County Commissioners, for a term of twenty five (25) years, beginning 26 March 2015 and ending 25 March 2040 but revocable at will by the Secretary of the Air Force, to construct and maintain a road right of way to accommodate the commercial parcels FIM Boulevard now serves on, over, under or across the property on Eglin Air Force Bases; and NOW THEREFORE, the parties hereto do mutually agree that Easement USAF-AFMC-FTFA- 15-2-0262 is amended in the following respects only, effective when this Amendment is signed and authenticated by both parties: 1. Addition of Exhibit B-1 with the attached survey and legal description titled Boundary Survey, F.I.M. Boulevard dated July 21, 2014. 2. Addition of paragraph 23.1. 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. 3. Addition of paragraph 23.2. The Grantee, at its own expense, shall record this executed easement (including Exhibits A and B) 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) which contains the O.R. Book and pages at which the easement is recorded. 4. Addition of paragraph 23.3. 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.  5. Addition of paragraph 23.4. Grantor may, at its sole discretion, temporarily close any and/or all segments of the road whenever it is determined there is a need to do so. Grantor will notify Grantee in a timely manner, if reasonable and if consistent with national security concerns to do so. 6. Change paragraph 25.3 from: The United States presently exercises ___________ federal legislative jurisdiction over the Easement Area to: The United States presently exercises proprietorial federal legislative jurisdiction over the Easement Area. 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 WHEREOF I have set my hand by authority of the Secretary of the Air Force this _______ day of __________________ 2015. THE UNITED STATES OF AMERICA by its Secretary of the Air Force By: _______________________________ DAVID A. HARRIS Brigadier General, USAF Commander, 96th Test Wing The above instrument is hereby accepted this ______ day of _______________ 2015. Okaloosa County Board of County Commissioners By: _______________________________ NATHAN D. BOYLES Chairman of the Board Board of County Commissioners, Okaloosa County Attest: ______________________