Okaloosa County BOCC — May 6, 2014 — Access to Property Form

PERSON WITH AUTHORITY TO AUTHORIZE ACCESS TO THE PROPERTY MUST ALSO COMPLETE THE FOLLOWING: C. I certify that I [check one of the following]: Possess sufficient real property interest in or control over the land upon which the activities described in this application are proposed. Note: Interest in real property is typically evidenced by an instrument such as: a warranty deed; lease (subject to the limitations below); easement; judgment of the court; certificate of title issued by a clerk of the court; OR condominium, homeowners, or similar association documents, which demonstrate that the person or entity has sufficient interest in or control over the property to authorize the proposed activities to be permitted. An entity’s contract for sale and purchase shall not be considered to have sufficient real property interest or control over the land that is subject to the application, but such entity shall be allowed to submit an application under this chapter (see next check box). Entities with the power of eminent domain and condemnation authority are considered capable of demonstrating that they will have sufficient real property interest or control prior to construction. Note—the above documents do NOT have to be submitted at this time, but must be made available if requested by the Department. Persons requesting activities on state-owned submerged land must also submit satisfactory evidence of sufficient upland interest in accordance with paragraph 18-21.004(3)(b), F.A.C. (April 14, 2008). When the real property interest is a lease, the application must either: a. Include the fee simple owner as a co-applicant; b. Provide documentation that a governmental entity agrees to accept the transfer of the permit, including completing construction in accordance with the permit if needed, and to operate and maintain the system upon its completion; c. Provide documentation that the lease over the land and system extends for the expected life of the system; or d. Provide documentation that the operation and maintenance of the system is will be turned over to a new lessee or the landowner upon revocation, termination, or expiration of the lease. e. If the lease does not specifically designate an entity to complete construction of the system in accordance with the permit in the event the construction is not so completed by the lessee, or does not specify operation and maintenance requirements for the system, including designation of a specific operation and maintenance entity, a separate binding document also will be required establishing that the landowner is liable for completing construction or alteration of the system and for operating and maintaining the system in accordance with the permit. Do NOT have sufficient real property interest, as described above (including such things as a contract for sale and purchase or an option agreement) in the land upon which the activities described in this application are proposed. Attached is: 1. A certification from the owner, lessee, or easement holder of such lands, acknowledging that they have knowledge of this application and voluntarily grant the permission, below, for staff of the Department of Environmental Protection, the Northwest Florida Water Management District, and the U.S. Army Corps of Engineers to access and conduct necessary site visits for the review, inspection, and sampling of the lands and waters on the property that are the subject of the application and, as a condition of any permit issued, that they agree to provide entry to such lands for staff to monitor and inspect permitted work; and 2. Documentation from the fee simple owner, easement holder, governmental entity, or other entity as provided for in section 12.3 of Applicant’s Handbook Volume I, that they are liable for accepting responsibility for operation and maintenance of the system after completion of construction, and for and performing other terms and conditions as required by the permit. Note: Neither 1. nor 2., directly above, must be submitted when the applicant is an entity with the power of eminent domain and condemnation authority, but such entity shall make appropriate arrangements to enable the above staff to access and inspect the property as needed to access and conduct necessary site visits for the review, inspection, and sampling of the lands and waters on the property that are the subject of the application. Such entity also agrees, as a condition of any permit issued, to provide entry to these lands for the above staff to monitor and inspect permitted work. ____Alison McDowell_____________ ________________________________ _____3/14/14___________ Typed/Printed Name of Applicant Signature of Applicant Date Director Choctawahtchee Basin Alliance____________________________________________ (Corporate Title if applicable)  AUTHORIZATION BY OWNER, LESSEE, OR EASEMENT TITLE HOLDER TO ENTER AND INSPECT PROPERTY I, as owner or easement holder of the land that is the subject of the application submitted by _ Choctawhatachee Basin Alliance/ Alison McDowell_________________________ Name of Applicant hereby acknowledge that I am aware of the application for an environmental resource permit/federal dredge and fill permit being submitted by the above named applicant, and authorize staff from the Department, NWFWMD, and U.S. Army Corps of Engineers, to access and conduct any site visit on the property necessary for the review, inspection, and sampling of the lands and waters that are the subject of the this application. Further, I agree, as a condition of any permit issued, to provide entry to such lands for such staff to monitor and inspect permitted work. __________________________________ _________________________________ _________________ Typed/Printed Name of Authorizing Entity Signature of Authorizing Entity Date __________________________________________________________________________________ (Corporate Title if applicable) (I may be contacted at ______________________________________________ to arrange access and inspection of the property)