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

interests under this Agreement, the Air Force will only accept an appraisal or title documents prepared or adopted by a non-Federal entity as satisfying the applicable requirements the Uniform Appraisal 4 Standards for Federal Land (the Yellow Book) if the Air Force determines that the appraisal or title documents substantially comply with the requirements. Section 206. Land Surveys. The Air Force and the Eligible Entity agree to establish procedures and criteria for the survey of the parcels and payment of associated expenses. The survey shall determine the exact acreage and location of the parcels and identify and locate all existing encroachments and encumbrances affecting the parcels. The survey shall be sufficient to enable title insurers to delete all standard exceptions to coverage under the title policy relating to surveys. Section 207. Title Insurance. Any Real Property Interest purchased under this or any subsequent agreement shall be delivered to the Air Force with a ALTA form of policy of title insurance. The Parties shall establish procedures and criteria for acquisition of a title insurance policy, its allowable exceptions, and the allocation of the associated costs and expenses. ARTICLE III - COSTS Section 301. Air Force. a. The Air Force shall initially make available the amount of two hundred thousand dollars ($200,000) toward the cost of obtaining the Real Property Interest in the land identified in Exhibit A. b. The Air Force shall notify the Eligible Entity if additional funds are obligated for the purposes of this Agreement. In the event that additional funds are obligated for the purposes of this Agreement, then the parties shall modify this Agreement to incorporate that funding. Section 302. Eligible Entity. a. In accordance with 10 U.S.C. § 2684a(d)(4)(E) the contribution of the Eligible Entity to the acquisition costs of real property, or an interest in real property the Eligible Entity shall initially make available a contribution of up to two hundred thousand dollars ($200,000), conditioned upon reimbursement of this amount from grant funds, toward the cost of acquiring its share of the Real Property Interest in the land identified in Exhibit A. 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. 5  b. The acquisition priority will be for those parcels under the Duke Airfield Approach Departure Clearance Surface. c. The Eligible Entity shall notify the Air Force if additional funds are obligated for the purposes of this Agreement. Section 303. Close Out and Settlement. The Eligible Entity, through the designated local representative that the Installation will identify to the Eligible Entity, shall promptly deliver to the Air Force Real Property Agency an accounting of funding and disbursements made under this Agreement for each Real Property Interest acquisition, which shall be prepared in the form of a closing statement or statements for each acquisition for which the funds of the Air Force will be expended. ARTICLE IV - FUNDING Section 401. Funding Limitation. The funding by the Air Force is subject to the availability of appropriated funds for the purpose of this Agreement. However, the Air Force is under no obligation to deposit additional funds. Section 402. Limitation on the Availability of Funds for the Eligible Entity Obligation. Other than the use of funds for acquisition of the agreed upon Real Property Interest, including Allowable Transactional Costs, the Air Force and the Eligible Entity intend that the Air Force shall have no other financial obligations under the terms of this Agreement. No relocation costs or other incidental expenses shall be due the landowner from the Air Force for any payments to a third-party unless expressly agreed to by subsequent written agreement of the Parties. ARTICLE V – PAYMENT Section 501. Payment by the Air Force a. The Air Force shall pay to the Eligible Entity its share of the Allowable Transactional Costs and acquisition funds of the Air Force incurred in the performance of this Agreement in a 6 timely manner upon authorization by Marisol Reina, 96 CEG/CEPP, 501 De Leon Street, Suite 101, Eglin AFB, FL 32542. b. The Air Force and the Eligible Entity acknowledge that the Real Property Interests, if successfully negotiated for acquisition by the Eligible Entity, cannot be acquired until the acquisition funds are first received from the Air Force, and the Air Force has authorized the expenditure of those funds expressly by its local designated representative. c. Appropriate payment documents, such as vouchers or closing statements, for Allowable Transactional Costs, shall be submitted to the Air Force at least thirty (30) days prior to closing scheduled for each Real Property Interest. Failure to submit those vouchers within that time period shall not affect the entitlement of the Eligible Entity to receive the Air Force’s payment of the Allowable Transactional Costs in question, but may delay payment beyond the scheduled closing date. d. The Eligible Entity shall make records and accounts pertaining to this Agreement available for inspection during normal business hours by auditors and other authorized Federal government officials as required. Section 502. Direct Federal Payment of the Eligible Entity Obligations. In no event shall the Air Force make direct payment to any contractor, employee, contractor employee, or vendor of the Eligible Entity for any costs incurred by it under this Agreement. ARTICLE VI - DEFINITIONS Section 601. Fiscal Year. Fiscal Year (FY) means the Federal funding year that begins on October 1 and ends on September 30. Section 602. Allowable Transactional Costs. The fair market value cost of the acquisition of a Real Property Interest, as negotiated by the Parties, and Allowable Transactional Costs, such as land surveys, appraisals, environmental assessments, title searches, escrow agent fees and expenses, real estate agent fees agreed to by the Parties, and recording fees, if any, are allowable costs under this Agreement. Section 603. Air Force. 7  The branch of the armed services that is a Party to this Agreement and that is eligible to receive appropriated funds under 10 U.S.C. §2684a, any successor entity to it, and any successor in office of the Secretary of the Air Force. Section 604. Eligible Entity. A state, or political subdivision of a state, or a private entity that has as its stated principal organizational purpose or goal the conservation, restoration, or preservation of land and natural resources, or a similar purpose or goal, as determined by the Secretary of Defense or the Secretary of the military department involved. Section 605. State. A state includes any department or named agency of a state authorized by law to enter into transactions of the nature contemplated by this Agreement. A state includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, and the territories and possessions of the United States. Section 606. Political Subdivision. Political subdivision is a subdivision of a state which has been delegated certain functions of local government. This can include counties, cities, towns, villages, hamlets, boroughs and parishes. ARTICLE VII - GENERAL PROVISIONS Section 701. Term of Agreement. Unless sooner terminated by its terms, this Agreement shall terminate on September 30, 2014, without notice by or from either Party. Section 702. Sole Benefit. This Agreement is not intended to create any beneficiaries other than the Parties. Section 703. Modification. This Agreement may be modified only by a single written instrument signed by the Parties. Section 704. Successors and Assigns. This Agreement may not be assigned by a Party without the express prior written consent of the other Party. All covenants and agreements made under this Agreement shall bind and 8 inure to the benefit of any successors and assigns of the Eligible Entity and the assigns of The United States of America and the Department of the Air Force, whether or not expressly assumed or acknowledged by those successors or assigns. The Eligible Entity may offer a substitution of the State of Florida for the Eligible Entity’s obligations under this Agreement, subject to the written consent of the Air Force and written acceptance of substitution by an authorized official of the State of Florida. In the event of a substitution of the State of Florida for the Eligible Entity for purposes of this Agreement, the Air Force shall fulfill its obligations under this Agreement with the State of Florida in lieu of the Eligible Entity. Section 705. Entire Agreement. This Agreement forms the entire agreement between the Parties for the scope and subject matter. All prior discussions and understandings, oral or written, concerning the scope and subject matter are superseded and incorporated by this Agreement. Section 706. Severability. If any provision of this Agreement is judicially held invalid by a court of competent jurisdiction, the remainder of this Agreement shall continue in force and effect to the extent not inconsistent with that holding. Section 707. Waiver of Breach. If a Party waives enforcement of any provision of this Agreement upon any event of breach by the other Party, the waiver shall not automatically extend to any other or future events of breach. Section 708. Notices. Any notice, transmittal, approval, request, authorization, designation, or other official communication required or desired under this Agreement shall be made in writing and shall be delivered by hand, facsimile transmission, or by recognized courier, or by the U.S. Postal Service to the other Party at the address or facsimile transmission telephone number set forth below, or at another address that may be later designated by that Party: For the Eligible Entity: Jeff Littrell, Water and Sewer Director Okaloosa County 1804 Lewis Turner Boulevard, Suite 300 Fort Walton Beach, FL 32547 For the Air Force: 9  Marisol Reina 96 CEG/CEPP 501 DeLeon Street, Suite 101 Bldg 696 Eglin AFB, FL 32542 Section 709. Execution. This Agreement may be executed in several counterparts, each of which shall be deemed an original. Section 710. Conflict of Interest. The Eligible Entity shall ensure that its employees are prohibited from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others. Section 711. Access to and Retention of Records. The Eligible Entity shall afford any authorized representative of the Air Force, the Department of Defense, or the Comptroller General access to, and the right to examine, all records, books, papers, and