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<br />�J CF1
<br />San Joaquin Area FLOOD CONTROL Agency
<br />TEMPORARY ENTRY PERMIT
<br />Pursuant to this Temporary Entry Permit, the undersigned, hereinafter called the "Owner", herby grants
<br />the San Joaquin Area Flood Control Agency "SJAFCA" on behalf of the United States Army Corps of
<br />Engineers "USACE", its agents, employees, and contractors, permission to enter upon the property
<br />described as Assessor's Parcel Number: APNs 165-280-530 & 165-280-540, as shown in Exhibit "A" (the
<br />"Property") for the purpose(s) of surveying, making test borings, performing sediment sampling and
<br />carrying out such other exploratory work as may be necessary to complete all of the geotechnical testing
<br />efforts needed as shown in Exhibit "B" (Description of Proposed Work).
<br />It is understood and agreed by the parties that SJAFCA ON BEHALF OF USACE, its agents, employees,
<br />and contractors, shall return the Property to its original or better condition immediately after said entry has
<br />been made.
<br />THE SJAFCA ON BEHALF OF USACE, its agents, employees, and contractors shall not enterthe Property
<br />before obtaining a fully executed temporary entry permit, and shall always maintain it in force during the
<br />duration and performance of this Permit.
<br />THE SJAFCA ON BEHALF OF USACE, its agents, employees, and contractors shall defend, indemnify,
<br />and hold harmless Owner, its officers, officials, employees, and volunteers from and against all claims,
<br />damages, losses, and expenses, including attorney fees arising out of the performance of the work
<br />described herein, caused in whole or in part by any negligent act or omission.
<br />The right of SJAFCA ON BEHALF OF USACE its agents, employees, and contractors, to enter and occupy
<br />said property shall commence upon receipt of a fully executed copy of this Temporary Entry Permit and
<br />shall terminate on August 30, 2022, or upon completion of the project/activity, whichever occurs first.
<br />However, the right of SJAFCA ON BEHALF OF USACE, its agents, employees, and contractors, to enter
<br />and occupy said property shall not commence without at least 24 hours' prior notice to Owner and receipt
<br />of approval of said notice from Owner prior to occupying the Property.
<br />In undertaking the approved activities, SJAFCA AND USACE acknowledges that the Owner plans to
<br />commence development activities of the Property on August 1, 2022, and activities or placement of
<br />equipment, tools or other objects on the Property could interfere with such development activities.
<br />Therefore, SJAFCA and USACE shall take reasonable efforts to avoid or minimize interference with
<br />Owner's development activities.
<br />All tools, equipment, and other property taken upon or placed upon the land by SJAFCA AND USACE, or
<br />its employees, contractors, or agents shall remain the property of such parties and shall be removed by
<br />such parties at the end of each day, unless Owner gives express written approval for such tools,
<br />equipment, or other property to remain beyond the end of such day.
<br />SJAFCA AND USACE, their employees, contractors, and agents shall minimize any damage caused by
<br />the approved activities. If any action of the SJAFCA OR USACE, its employees, contractors, or agents in
<br />the exercise of this Permit results in damage to the Property, SAJAFCA AND USACE will at its option,
<br />either promptly repair such damage or make an appropriate settlement with the Owner.
<br />The SJAFCA and USACE shall be responsible for the activities of their employees, contractors, and agents
<br />and shall ensure that all contractors carry commercially, reasonable insurance for their activities on the
<br />Property. Owner makes no representation to SJAFCA and USACE regarding the condition of the Property
<br />and shall not be responsible for the safety of any employee, contractor, or agent.
<br />Owner reserves the right to revoke the access provided hereunder at any time in the event that SJAFCA
<br />US ACTIVE\121846573\V-2
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