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0871772003 11:14 9 16 5 5 7 .v ARMY COE RE L 1f f PACE 04 IFOnner Shaipe Field nes ACA0 - - --0263 DePattment Of the Anny Right-of-Entry For Environmental Assessment and Response PrOjeCt. Former Sharpe Fieldex. Property APN: 177-260-26 177-260-29 undersigaed,herein call the ,Owner,"in consideration for the mutual benefits of the work; described below,hereby grants the UNITED STATESOF AMERICA,hereirattarealled the " ve ent,°a right�Qfgntry upon the following termsandconditions: 1, The Owner hereby grants to the 0overoment an irrevocable and assignable light to enter in, on,over'and across the land described in Schedule A, for a period not to exceed twelve m riths; twgioning with the date Of the sighing ofthis instrument,and terrionating with the earlier of the 6 mpletion of the re n diction or the filing of a notiee sof termination in the local land records by the representative of the United States in charge of t1reYonner Sharpe Field Annex,for use by the United States,its representatives,agents,and contractors,andassips,as a work area for environmental investigation and response;including the right to stare,move,and remove equipment d supplies; erect and remove temporary structures on tiro land;investigate and collect soil samples;les, d perforra any other such ovary which may be necessary and incident to the Government's use for the investigation and response on said ds;subject to existing easements fear public roads and highways,ays,public,utilities,railroads and pipelines;reserving; however,to the downers ,their hCh'S,e ecaztnrs administrators,successors and assigns,all such night,title,interest,and privilege as may be used and enjoyed without interfering.with or abridging the rights and right-of-entry hereby acquired. The Owner also grants the.right to enter;and exit over and across any other lands of the Owner as necessary to use the described lands for the purposes listed above. 1 All tools,equipment,and miner propcfty proptaken upon or placed upon the)and by the (30rz t shall remain the property of the Government and array be removed by the Gov errs at any time within a reasonable period after the expiration of oris permit of rigbt- f- etrya 4m if any action of the Dove em's errrpleyees or agents in the exercise of this right-of-entry result in damage to the real property,the Government will,in its sale dis rction,either repair such damage or crake a 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 tender this clause is subject to the availability of appropriations for such payment, and nothing contained in this agreement may be consi