HomeMy WebLinkAbout32869Department of the Army
Right-of-Entry
For
Environmental Assessment and Response
Project, Installation or Activity: Former Basic Training Center No. 8
Tract No., Address or Property I.D.: 471-020-01T, 470-022-01T and 470-023-01T
The undersigned, herein called the "Owner," in consideration for the mutual benefits of the
work described below, hereby grants the UNITED STATES OF AMERICA, hereinafter
called the "Government," a right-of-entry upon the following terms and conditions:
1. The Owner hereby grants to the Government an irrevocable and assignable right to
enter in, on, over and across the land described in Exhibit A, for a period not to exceed two (2)
years, beginning with the signing of this instrument, and terminating with the earlier of the
completion of the remediation or the filing of a notice of termination in the local land records by
the representative of the United States in charge of the Environmental Assessment and
Response, for use by the United States, its representatives, agents, and contractors, and
assigns, as a work area for environmental investigation and response; including the right to
store, move, and remove equipment and supplies; investigate and collect samples; remove
pollutants, hazardous substances, containerized waste; and excavate and remove all storage
tanks (above, at, and below ground level), contents, and appurtenant piping; and perform any
other such work which may be necessary and incident to the Government’s use for the
investigation and response on said lands; subject to existing easements for public roads and
highways, public utilities, railroads and pipelines; reserving, however, to the landowner(s), their
heirs, executors, administrators, successors and assigns, all such right, title, interest, and
privilege as may be used and enjoyed without interfering with or abridging the rights and right-
of-entry hereby acquired.
2.All known Government-caused contaminates found will be mitigated at the
Government’s expense. However, should any other contaminates be identified in the
investigation process, such data will be provided to Owner. As the current legal owner, the
County of Fresno understands it may be liable for the mitigation costs associated with non-
Government-caused contaminates per local and state ordinances and applicable laws.
3.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.
4.All tools, equipment, and other property taken upon or placed upon the land 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 permit of right-of-
entry.
5.If any action of the Government’s employees or agents in the exercise of this right-
Agreement No. 18-372
of-entry result in damage to the real property, personal property or persons, the
Government will, in its sole discretion, either repair such damage or make an appropriate
settlement with the Owner. In no event shall such repair or settlement relating to real property
damage exceed the fair market value of the fee title to the real property at the time immediately
preceding such damage. The Government's liability under this clause is subject to the
availability of appropriations for such payment, and nothing contained in this Right of Entry may
be considered as implying that Congress will at a later date appropriate funds sufficient to meet
deficiencies. The provisions of this clause are with prejudice to any rights the Owner may have
to make a claim under applicable laws for any damages other than those provided for herein.
6. The land affected by this permit of right-of-entry is located in Fresno County, State of
California and is described as follows: Assessment Parcel Numbers 470-020-01T, 470-022-
01T and 470-023-0H, and as shown on the attached map.
WITNESS MY HAND AND SEAL this UY~ day of Ju.~ , 2018.
resno Fair
-
UNITED STATES OF AMERICA
By:--------------------------
Diane Simpson
Real Estate Contracting Officer
Owner -County of Fresno
333 W. Pontiac Way
Clovis, CA 93612
rs the Board of Supervisors of
The County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: cfi.r,,.; c.+rf
Deputy
D~e: _______________ _
EXHIBIT A
. . A
426 feet N