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DEPARTMENT OF THE ARRAY <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 County 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,.removaI 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, 2019, 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 County, Florida and are described as follows: <br />All of the tract_(s) or.parcel(s) of land lying and being in and specifically identified as Parcel Number <br />#33403400001000000012.1 in the records of the, Indian River County's Property Appraiser's Office, also known as 2200 <br />2205 S Highway AIA, Vero Beach, Florida. <br />Signed this 26th day of March _12019 <br />Mailing Address: <br />180127th Street <br />Vero.,Beach, FI 32960-3388 <br />Telephone: (772) 226-1408 <br />Email: Jbrown@ircgov.com <br />Executed this day of 2019 <br />APPROVED AS TO FORM <br />AND LEGAL SUPWJPRn this entire page. <br />DYLAN REINGOL:D <br />OOUNTY ATTORNEY <br />OWNER(S) <br />Signature: <br />Print Name: <br />Signature.: <br />Print Name: <br />Bob Solari, Chairman <br />UNITED STATES OF AMERICA <br />By: <br />WILLIE L: PATTERSON, III, ED. C <br />Chief, Real Estate Division <br />Real Estate Contracting Officer <br />Mobile District <br />We will mail you a fully executed copy. <br />