Okaloosa County BOCC — January 18, 2013 — Exhibit C_procedures — reading text

EXHIBIT C PROCEDURE TO ACQUIRE INTERESTS IN REAL PROPERTY ARTICLE I - SCOPE, PURPOSE AND AUTHORITY Section 101. General. a. This Agreement (the “Agreement”) is made between The United States of America, acting by and through the Secretary of the Air Force (the “Air Force”), and Okaloosa County, a political subdivision of Florida (the “Eligible Entity” as defined in Article VI of this Agreement), for the acquisition of rights, titles, or interests in and to certain real property (the “Real Property Interest(s)”) for or on parcels of land in the vicinity of Eglin Air Force Base (the “Installation”), and contribution by the Air Force of Federal funds for the acquisition of additional property, all in accordance with the provisions of 10 U.S.C. §2684a. The Air Force and the Eligible Entity are sometimes collectively referred to as the “Parties,” or each may be referred to as a “Party,” in this Agreement. b. This Agreement, with Exhibits, includes all terms and conditions related to the contribution of funds by the Air Force for the acquisition of Real Property Interests. The Exhibits are integral parts of this Agreement. Section 102. Authority. a. 10 U.S.C. § 2684a authorizes the Secretary of the Air Force to enter into agreements with a state or political subdivision of a state, or a private conservation organization, to address the use or development of real property in the vicinity of a military installation. These agreements are intended to (a) limit any development or use of the land that would be incompatible with the mission of the installation; or (b) preserve habitat on the land that is compatible with environmental requirements and that may eliminate or relieve environmental restrictions that would restrict, impede, or interfere with military training, testing, or operations on the installation. Agreements under this authority must provide for the acquisition by a state, or political subdivision of a state, or private conservation organization of (a) all right, title, and interest in and to any real property, or any lesser estate or interest in the land, as may be appropriate, and (b) the sharing by the United States of the acquisition costs of any real property, or lesser estate or interest, as may be appropriate. b. The Eligible Entity is authorized by its Charter of Incorporation and Code of Ordinances to perform and discharge its obligations under this Agreement, including, without limitation, the acquisition and disposition of Real Property Interests, and to preserve and protect conservation values of the land in perpetuity, and is a county, as defined in Florida Statutes. ARTICLE II - OBLIGATIONS OF THE PARTIES Section 201. General. a. The Air Force and the Eligible Entity agree to limit development that is incompatible with the mission of the Installation and to protect open space and agricultural uses around the Installation by acquiring Real Property Interests in certain lands located in the vicinity of the Installation, in Okaloosa County, Florida. The Real Property Interest governed by this Agreement consists of acreage that will be acquired by the Eligible Entity through the use of grant funds and the revenues paid pursuant to this Agreement (the “Real Property Interest”). This Agreement in no way restricts the Air Force or the Eligible Entity from participating in similar activities with other public or private entities or persons. Further, the parties acknowledge that the Eligible Entity is planning on utilizing the Real Property Interests for various activities which will not be incompatible with the mission of the Installation nor inconsistent with the protection of open space and agricultural uses. This Agreement shall in no way restrict the Eligible Entity from pursuing such uses of the Real Property Interests including but not limited to wetlands mitigation banking, construction and maintenance of all-weather two lane roads, and utility infrastructure provided that such infrastructure shall not be incompatible nor interfere with the mission of the Installation. b. The Eligible Entity and the Air Force further agree that the limitation of development of lands around the Installation may serve the interests of both the Eligible Entity and the Air Force in a manner that will not encroach upon, or in a manner that ensures that it will serve as a protective buffer zone for, the Installation and its operations and mission goal. c. The Eligible Entity and the Air Force agree that any provision of this Agreement that would hinder or prevent the use of the Existing Acreage for the purposes of wetland mitigation banking shall be null and void. Section 202. Obligations of the Eligible Entity. a. The Eligible Entity agrees to exercise its best efforts to supervise, manage, and operate the transactions within the scope of this Agreement according to sound, efficient, commercial practice, and the terms, conditions, and specifications of this Agreement. b. The Eligible Entity agrees to contribute up to two hundred thousand dollars ($200,000), conditioned upon reimbursement from grant funds, to pay its share of the costs for the acquisition of Real Property Interests and related allowable transactional costs within the scope of this Agreement. The Eligible Entity shall not be obligated to perform under this Agreement if, through no act, omission or fault on its part, and notwithstanding its reasonable best efforts to obtain the same, governmental funding or private foundation grants that had been committed to it for the purchase of the Real Property Interest shall be withdrawn, frozen or otherwise made unavailable to the Eligible Entity to carry out the transactions contemplated by this Agreement. 2  c. Upon request of the Air Force, the Eligible Entity will transfer any portion of the property or interest acquired under this Agreement or a lesser interest therein to the United States but only in the event that the Eligible Entity has authorized activity which is incompatible with the mission of the Installation and inconsistent with the protection of open space and agricultural uses. Further, such transfer shall not be required if by doing so, it would adversely impact on the ability of the Eligible Entity to pursue passive recreational uses of the Real Property Interest, including but not limited to construction and maintenance of all-weather two lane roads, utility infrastructure provided that such infrastructure shall not be incompatible nor inconsistent with the mission of the installation and wetland mitigation banking. d. After recordation of the restrictive easement, the Eligible Entity and the Air Force shall ensure long-term monitoring of the Property to verify compliance with the land use restrictions contained in the restrictive easement. In the event of an observed or suspected breach of the land use restrictions, the Eligible Entity and the Air Force will confer to determine which Party shall enforce the land use restrictions. In the event the Air Force will lead the enforcement, the Eligible Entity agrees to assist the Air Force, to the fullest extent allowable under applicable law, in the enforcement efforts. Section 203. Obligations of the Air Force. a. The Air Force and the Eligible Entity agree to share equally the Allowable Transactional Costs, as defined in Article VI of this Agreement, incurred in performance of this Agreement according to the terms and conditions for payment under Article V. However, this amount of Allowable Transactional Costs shall not exceed a total of $40,000. b. Whenever the terms of this Agreement require the coordination, concurrence, and/or approval by the Air Force, it will not be unreasonably withheld. Any request for action by the Air Force shall be considered and acted upon in a timely fashion. c. The obligations of the Air Force are subject to the availability of Federal funds for purposes of this Agreement. No provision in this Agreement should be interpreted to require obligation or payment of funds by the Air Force in violation of the Antideficiency Act, 31 U.S.C. § 1341, or other applicable Federal law. Additionally, the performance of the Air Force under this Agreement is contingent upon it receiving funds from the Department of Defense. Section 204. Acquisition Process. a. The Eligible Entity and the Air Force agree to establish procedures and criteria for the identification of land that will be the object of the acquisition of the Real Property Interest. b. Acquisition of a Real Property Interest in land by the Parties may only be accomplished with the voluntary consent of the landowner to the transaction. 3  c. If requested by the Air Force in the future, the Eligible Entity agrees to convey any portion of the property or interest acquired by the Eligible Entity under this Agreement or a lesser interest therein to the United States but only in the event that the Eligible Entity has authorized activity which is incompatible with the mission of the Installation and inconsistent with the protection of open space and agricultural uses. Further, such transfer shall not be required if by doing so, it would adversely impact on the ability of the Eligible Entity to pursue passive recreational uses of the Real Property Interest, including but not limited to construction and maintenance of all-weather two lane roads, utility infrastructure provided that such infrastructure shall not be incompatible nor inconsistent with the mission of the installation and wetland mitigation banking. d. Title to, or the validity of, a Real Property Interest acquired first by the Eligible Entity for re-conveyance to the Air Force shall comply with United States Department of Justice Title Standards that must be acceptable to the Air Force. e. The Eligible Entity will ensure the immediate recording in the county land records of any Real Estate Interest acquired by it. The Air Force will be responsible for recording any deed of conveyance or deed of easement granted to it by the Eligible Entity. f. The Parties shall provide land surveys, environmental surveys (if applicable), documents obtained from the applicable county real estate records, title insurance reports or commitments, and other documentation that either Party may find necessary to fulfill the purpose of the acquisition. g. The amount of the contribution of the Air Force toward a specific acquisition will be negotiated by the Parties; however, by Federal statute, the contribution by the Air Force cannot exceed the appraised fair market value of the of the Real Property Interest acquired by the Air Force, exclusive of the Allowable Transactional Costs. h. The Air Force and the Eligible Entity agree to share equally Allowable Transactional Costs in support of this acquisition, each Party agrees to bear its own labor cost in implementing this Agreement. In the event the landowner of a parcel identified on Exhibit A refuses to accept the final offer of the Eligible Entity, the Air Force will still pay its share of the related Allowable Transactional Costs. Section 205. Real Estate Appraisal Reports. All Real Property Interests acquired by the Eligible Entity and the Air Force shall be supported by an appraisal report. The Air Force and the Eligible Entity agree to establish procedures and criteria for obtaining an appraisal report, which will be funded by the Air Force as part of the Allowable Transaction Costs. An appraisal report of the specific term(s) of the Real Property Interest will serve as the basis for determining the share of the Real Property Interest being acquired by the Air Force. For purposes of the acceptance of property or