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(2) <br /> DEPARTMENT OF THE ARMY <br /> Right-of-Entry for Environmental Assessment and Response <br /> Defense Environmental Restoration Program, <br /> Site No. 104FL0063 Fort Pierce Naval Amphibious Training Base, Indian River, Florida <br /> Project,Installation or Activity Tract Number or Other Property Identification) <br /> The undersigned, herein called the"Owner," in consideration for the mutual benefits of the work described below, <br /> hereby grants the UNITED STATES OF AMERICA, hereinafter called the "Government," a right-of-entry upon the <br /> following terms and conditions. <br /> 1.The Owner hereby grants to the Government the right to enter in, on,over and across the land described below, <br /> for use by the United States, its representatives, agents,and contractors, and assigns, as a work area for environmental <br /> investigation and response. The work to be performed by the Government may include, but is not limited to, surveying <br /> with a metal detector or other instrument for evidence of the presence of military munitions and munitions debris, <br /> digital geophysical mapping of metal anomalies, removal of selected anomalies/munitions,creation of exclusion zones <br /> during the performance of the work, and obtaining environmental samples. Said right-of-entry shall remain in effect <br /> until the completion of this work or by December 31, 2017,whichever is first, at which time it will expire automatically. <br /> 2.All tools,equipment, and other property taken upon or placed upon the land by the Government shall remain the <br /> property_of the Government and will be removed by the Government upon completion of the work. <br /> 3. If any action of the Government's employees or agents in the exercise of this right-of-entry results in damage to <br /> the real property,the Government will, in its sole discretion, either repair such damage or make an appropriate <br /> settlement with the Owner. In no event shall such repair or settlement exceed the fair market value of the fee title to <br /> the real property at the time immediately preceding such damage.The Government's liability under this clause is subject <br /> to the availability of appropriations for such payment, and nothing contained in this agreement may be considered as <br /> implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. The provisions of this clause <br /> are without prejudice to any rights the Owner may have to make a claim under applicable laws for any damages other <br /> than those provided for herein. <br /> 4.The lands affected by this right-of-entry are located in Indian River, Florida and are described as follows: All of <br /> the tract(s)or parcel(s)of land lying and being in and specifically identified as Parcel Number 33403400001000000017.0 <br /> in the records of Indian River Florida Property Appraiser's Office, also known as S Highway A1A,Vero Beach, FL 32963. <br /> Signed this 4th day of April , 2017 <br /> Mailing Address: OWNER(S) <br /> J00. ZZ:Lb Street Signature: <br /> Vero Beach, FL, 32960 Print Na e: Jose h E. Flescher <br /> Telephone: 772 226 1490 <br /> Email: j.flescher@ircgov.corn <br /> UNITED STATES OF AMERICA <br /> Executed this day of 2017 By: <br /> Audrey C. Ormerod <br /> District Chief of Real Estate <br /> Real Estate Contracting Officer <br /> Please return this entire pI;� es: i1'you a fully executed copy. <br /> APPROVED AS TO FOR tV�� •�` TTEST• JeffreyR. Smith, Clerk of <br /> AND LEGAL SUFFICIENCI��; Court a d Comptroller <br /> • t d� <br /> S -- e►BY <br /> • t i <br /> DYLAN REINGOLD '.!.jp�•.•,••�; . ,' �'! puty lerk <br /> OOUNTY ATTORNEY ''•.gNRIVERCOJ•..• <br />