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RIGHT OF ENTRYAGRFEN ENT FOR EVLORATION SAN JOUQUIN AREA FLOOD CONTROL AGENCY LOWER SAN JOAQUIN RIVER PROJECT APN: 079-260-030 Address: 8531 Mariners Dr. Stockton, CA 95219 The undersigned, hereinafter called the "Owner," hereby grants to the SAN JOAQUIN AREA FLOOD CONTROL AGENCY (SJAFCA), the State of California, and the United States Army Corps of Engineers (USACE), hereinafter collectively referred to as "Government," a right -of -entry subject to the following terms and conditions: 1. The Owner hereby grants to the Government, its agents, employees, assigns, and independent contractor(s), a right to enter upon the Property (APN 071-260-030) as described in Exhibit A, during normal business hours or outside normal business hours upon prior notice as provided herein, for a period of one (1) year starting from the date of this instrument, in order to make test borings and carry out exploratory work as described in Exhibit B. 2. This right -of -entry Includes the right to ingress and egress on other lands of the Owner not described below to access the Property, provided such ingress and egress is necessary and not otherwise conveniently available to the Government. 3. All tools, equipment, and other property taken upon or placed upon the Property by the Government shall remain the property of the Government and may be removed by the Government at any time within a reasonable period after the expiration of this right - of -entry agreement. 4. The Government agrees to take all reasonable actions so that its activities do not unreasonably interfere with the Owner's use of the Property. Should Owner determine that the right -of -entry interferes with the Owner's use of the Property, Owner shall have the right to terminate this right -of -entry upon ten (10) days prior written notice to Government. 5. If any action of the Government employees or agents in the exercise of this right - of -entry results in damage to the Property, the Government will, at its option, 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 interest of the real property at the time immediately preceding such damage. The Government's liability under this clause may not exceed appropriations available for such payment and nothing contained in this agreement may be considered as implying that the Govemment 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 of any Page 1 of 5