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(2) DEPARTMENT OF THE ARMY Right-of-Entry for Environmental Assessment and Response Defense Environmental Restoration Program, Site No. 104FL0063 Fort Pierce Naval Amphibious Training Base, Indian River, Florida Project,Installation or Activity Tract Number or Other Property Identification) The undersigned, herein 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,and contractors, and assigns,as a work area for environmental investigation and response. The work to be performed by the Government may include, but is not limited to, surveying with a metal detector or other instrument for evidence of the presence of military munitions and munitions debris, digital geophysical mapping of metal anomalies, removal of selected anomalies/munitions,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, 2017,whichever is first,at which time it will expire automatically. 2.All tools,equipment,and other property taken upon or placed upon the land by the Government shall remain the property of the Government and will be removed by the Government upon completion of the work. 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,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 considered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. The provisions 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 for herein. 4.The lands affected by this right-of-entry are located in Indian River, Florida and are described as follows: All of the tract(s) or parcel(s)of land lying and being in and specifically identified as Parcel Number 33403300000002000001.0 in the records of Indian River Florida Property Appraiser's Office,also known as Highway A1A,Vero Beach, FL 32963. Signed this 4th day of April , 2017 Mailing Address: OWNER(S) 1801 27th Street Signature: Vero Beach, FL 32960 Print Na e• Jos h E. Flescher Chairman Telephone: 772 226 1490 �+gna�are Email: 3 f 1 P- i rr-cloy_roxn P ri UNITED STATES OF AMERICA Executed this day of 2017 By: Audrey C. Ormerod District Chief of Real Estate 6Real Estate Contracting Officer Please return this entire page, � 11'inai °fully executed copy. s; APPROVED AS TO FORM * 9V; Jeffrey R. Smith, Clerk of AND LEGAL SUFFIOIENOY Court and Comptroller •y �' - BY Y�Q,�� DYLAN REINGOLD •••'9��'FRCouNS'!�'• Puty Clerk OQUNTY ATTORNEY ""