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DEPARTMENT OF THE ARMY <br /> RIGHT-OF-ENTRY <br /> Per and Polyfluoroalkyl Substances (PFAS) Program <br /> Project: Stockton Army Aviation Support Facility(AASF) <br /> Property I.D.: Assessor Parcel Number(APN)-177-260-340-000&177-260-350-000 <br /> The undersigned, hereinafter called the Owner, in consideration for the mutual benefits <br /> of the work described below, hereby grants the UNITED STATES OF AMERICA, <br /> Department of the Army, hereinafter called the"Government",a right-of-entry upon the <br /> following terms and conditions: <br /> 1. The Owner hereby grants to the Government,its employees,officers,and <br /> contractors,an irrevocable and assignable right to enter in,on, over and across the land <br /> described below in APN(s) 177-260-340-0000 and 177-260-350-000,for the purpose of <br /> conducting remedial investigations, to include water sampling,soil and sediment <br /> sampling, including the right to install and sample monitoring wells as determined by the <br /> Government for a period not to exceed 24 months or for a period not less than the <br /> duration of the investigative action phase,whichever is longer, beginning with the date <br /> of the signing of this instrument for use by the Government, its representatives, agents, <br /> contractors,and assigns, as a work area for the WAS Program, and perform any other <br /> such work as may be necessary and Incidental to the Government's investigative <br /> action phase on said lands. <br /> 2. The Owner also grants the right to enter and exit over and across any other lands of <br /> the Owner as necessary to use the described lands for the purposes listed above. Prior <br /> to entering the property, and while operating on the property,the Government will <br /> follow all security and operations requirements of the grantor,consistent with <br /> T.S.A.and F.A.R.Part 139 rules and regulations.To comply with said rules and <br /> regulations,training and badging may be required. <br /> 3. All proposed activities will be coordinated with the Owner 7 days prior to the start of <br /> a phase of field work. <br /> 4. All tools, equipment,and other property taken upon or placed upon the land by the <br /> Government shall remain the property of the Government and may be removed by the <br /> Government at any time within a reasonable period after the expiration of this right-of <br /> entry. <br /> 5. If any action of the Government's employees or agents in the exercise of this right- <br /> of-entry results in damage to the real property,the Government will, in its sole <br /> discretion,either repair such damage or make an appropriate settlement with the <br /> Owner. In no event shall such repair or settlement exceed the fair market value of the <br /> fee title to the real property at the time immediately preceding such damage. The <br /> Government's liability under this clause is subject to the availability of appropriations for <br /> such payment, and nothing contained in this agreement may be considered as implying <br /> that Congress will at a later date appropriate funds sufficient to meet deficiencies. The <br /> provisions of this clause are without prejudice to any rights the Owner may have to <br /> make a claim under applicable laws for any damages other than those provided for <br /> herein. <br /> 6. The land affected by this right-of-entry is located in Stockton,San Joaquin County, <br /> California, and is described as follows: APN(s) 177-260-340-000& 177-260-350-000, <br /> as shown on EXHIBIT"A"attached hereto. <br /> 7. In signing this Right of Entry, I understand that geographical information in the <br /> form of latitude and longitude coordinates of sampling locations on this property <br /> will be associated with specific sampling results shared with regulatory agencies <br /> supporting DoD's cleanup efforts and may become publicly available. Personally <br /> identifiable information(PII)such as names and addresses will not be released and <br /> remains protected from public release by the Freedom of Information Act(5 U.S.C. <br /> 552). <br /> Page I of <br />