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HomeMy WebLinkAboutArmy_Corp_of_Engineers_-_ROE_Agreement_-_4.20.2026Docusign Envelope ID: F4998526-DC7B-8C43-82FD-190AF255A93B DACA45-9-26-00249 DEPARTMENT OF THE ARMY RIGHT -OF -ENTRY Per- and Poly-Ftuoroalkyl Substances (PFAS) Program Project: Waterloo Aviation Support Facility (AASF) Assessor Parcel Number (APN) - 891304461007 The undersigned, hereinafter called the "Owner" in consideration for the mutual benefits of the work described below, hereby grants the UNITED STATES OF AMERICA, Department of the Army, hereinafter called the "Government", a Right -of - Entry upon the following terms and conditions: 1. The Owner hereby grants to the Government, its employees, officers, and contractors, an irrevocable and assignable right to enter in, on, over and across the land described below in APN - 891304451007, for the purpose of conducting remedial investigations, to include water sampling, soil and sediment sampling, including the right to install and sample monitoring wells as determined by the Government for a period not to exceed 24 months or for a period not less than the duration of the investigative phase, whichever is longer, beginning with the date of the signing of this instrument for use by the Government, its representatives, agents, contractors, and assigns, as a work area for the PFAS Program, and perform any other such work as may be necessary and incidental to the Government's investigative phase on said lands. 2. 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 land for the purposes listed above. 3. All proposed activities will be coordinated with the Owner 10 days prior to the start of a phase of field work. 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 right -of entry. 6. If any action of the Government's employees or agents in the exercise of this Right - of -Entry results in damage to the real property, 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 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 agreement may be considered as implying that Congress will at later date appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any rights the Owner must make a claim under applicable laws for any damages other than those provided for herein. Docusign Envelope ID: F4998526-DC7B-8C43-82FD-190AF255A93B 6. The land affected by this Right -of -Entry is in Black Hawk County, Iowa, and is described as follows: APN - 891304451007, as shown on EXHIBIT "A" attached hereto. 7. In signing this Right -of -Entry, I understand that geographical information in the form of latitude and longitude coordinates of sampling locations on this property will be associated with specific sampling results shared with regulatory agencies supporting DoD's cleanup efforts and may become publicly available. Personally identifiable information (PII) such as names and addresses will not be released and remains protected from public release by the Freedom of Information Act (5 U.S.C. § 552). Dated this 20th day of April , 20 26 BY: OWNER .-Signed by: Nvud, Ist sun, "-393E8397B3D3421... TITLE: Mayor [Owner Telephone Number] [Owner Email Address] BY: THE UNITED STATES OF AMERICA JESSE OTTERSON Chief, Special Project and Support Branch Real Estate Contracting Officer Docusign Envelope ID: F4998526-DC7B-8C43-82FD-190AF255A93B CERTIFICATE OF AUTHORITY I hereby certify that I am the City Clerk of (Secretary or Attesting Officer) the organization named in the foregoing agreement with the United States of America: that said organization is organized under the laws of the State of Iowa ; that the seal, if applicable, affixed to said instrument (State) is the seal of said organization; that David Boesen (Name of Officer) who signed said agreement was then Mayor of said ('Title of Officer) organization and has been duly authorized to sign the foregoing agreement on behalf of said organization, binding said organization to the terms therein. I, as the Secretary/Attesting Officer, hereby attest to the validity of the Signature of said Officer; and that said signature affixed to such agreement is genuine. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal, if applicable, of said organization, this 20th day of April , 20 26 . p-Signed by: Kitts flicat —FF6013sw y, or Attesting Officer City of Waterloo, Iowa Corporation or Organization This form certifies that the person signing the attached instrument has the authority to do so. The signature of the Secretary/Attesting Officer and the individual signing the attached instrument cannot be the same. MRO Form 851 (21 Aug 02) (Edition dated 1 Oct 91 is obsolete) Docusign Envelope ID: F4998526-DC7B-8C43-82FD-190AF255A93B IIocC 0 O L L Q W O = ry ED z U Z ri C O L I I c u7 /^' co V J c3 I — m LL 0_ Streams/Rivers Railroads — Roads/Streets Township O N N 0 w 0 U a/ co L W cp O _ c CD Qj O_ cn U OIL cjr\J 1— O V YJ Lo i =Q7 ;;;::: I 'O = O 6 y� V 1�" O _ y i N O N N �E�'a;0n w E W I L J O d N d 0) u) • nE -1^-''' = E 2 O 5) a U r C L N m T O N LL 1 � C'O0 O N° T O 2 d = E = U = N E O =p 2 N O'C y EO � t N N w (nr �L aV L O w T O 0) .- 0) 0 _ ... -c N O a N 22E=> O 2 ▪ -o o o E a _ � N X _ E N N r 3 O U d N y U O_ >.. )) = 0@ N N N@ N EXHIBIT"A" pb Jeu6eM 2 pAIB-JodJ!V CD 06 0 O 0 60-1 O O W env ue6o=i 0 (a CEDAR FALLS J 0