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DEPARTMENT OF THE ARMY RIGHT-OF-ENTRY FOR ENVIRONMENTAL ASSESSMENT AND RESPONSE —AMENDMENT No. 1 l3efense Environmental Restoration Program, Site No. 104FLO699 Fort Pierce Naval Amphibious Training Base Indian River County. Florida Project, Installation or Activity Tract Number or Other Property Identification) The undersigned, hereinafter called the "Owner", in consideration for the mutual benefits of the work described below, hereby grants the UNITED STATES OF AMERICA, hereinafter called the "Government", a right-of-entry upon the following terms and conditions. 1. The owner hereby grants to the Government the right to enter in, on, over and across the land described below, for use by the United States, its representatives, agents, contractors, and assigns, as a work area for environmental investigation and response. The work to be performed by the Government includes surveying with a metal detector or other instrument for evidence of the presence of horned scullies and other similar objects, digital geophysical mapping of metal anomalies, removal of selected objects, creation of exclusion zones during the performance of the work, and obtaining environmental samples. Said right of entry shall remain in effect until the completion of this work or by December 31, 2015, whichever is first, at which time it will expire automatically. 2. All tools, equipment, and other property taken upon and placed upon the land by the Government shall remain the property of the Government and shall be removed by the Government upon completion of this work. The County shall designate the location of any equipment to be stored on site at Round Island Park. 3, If any action of the Government's employees or agents in the exercise of this right-of-entry results in damage to the real property or personal property, the Government will, in its sole discretion, either repair such damage or make an appropriate settlement with the Owner. In no event shall such repair or settlement exceed the fair market value of the fee title to the real property at the time immediately preceding such damage. The Government's liability under this clause is subject to the availability of appropriations for such payment, and nothing contained in this agreement may be nsidered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. The rovisions of this clause are without prejudice to any rights the Owner may have to make a claim under applicable laws for any damages other than those provided herein. Funding for this phase of work has already been secured and awarded to the contractor. 4. The land affected by this right-of-entry is located in Indian River County, Florida and is described as follows: Approximately 5.5 miles of beach and underwater areas near the shore from the 5t. Lucie County line north to 17th Street, as shown in Exhibit A. This includes Round Island Park which may be utilized for beach access. 5. Except in the case of emergency, the Government must obtain the consent of the owner before closing Round Island Park or any dune crossovers. 6. Any of the Government's agents, contractors, and assigns shall list the Owner as an additional insured on all policies of insurance required by any agreement with the Government. The evidence of insurance shall be forwarded to the Owner prior to any agents, contractors, and assigns beginning their work on the property. 7. The Government and its agents, contractors, and assigns shall comply with all local, state and federal laws, codes, rules and regulations including turtle nesting. c. Page 1 of 3 77