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2000-044-RES APPROVING AND AUTHORIZING A RIGHT-OF-ENTRY RESOLUTION NO. 2000-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A RIGHT -OF -ENTRY TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF THE ARMY, REAL ESTATE DIVISION FOR ACCESS TO LAND OWNED BY THE CITY FOR PURPOSES OF INVESTIGATION BY THE DEPARTMENT OF ARMY FOR THE PRESENCE OF ORDNANCE ON SAID PROPERTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE, WHEREAS, the United States Government, Department of the Army, Real Estate Division, has requested the City of Paris to grant a right -of-entry for access to land which records held by the Department of Army indicate was once utilized as a training installation for the U. S. Military known as Camp Maxey; and, WHEREAS, the purpose of the aforesaid right-of-entry for access to said land is to investigate the presence of potential ordnance on said property; and, WHEREAS, the City Council finds and determines that the grant of such right-of-entry and access would be beneficial to the health, safety, and welfare of the citizens of the City of Paris, Paris, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the Mayor is hereby authorized to execute and the City Clerk to attest to a right-of-entry for access to land requested by the United States Government, Department of the Army, Real Estate Division, a copy of which is attached hereto and for all purposes incorporated herein as Exhibit A, for the purpose of affording the Department of Army the opportunity to gain entry and access to certain properties wherein the Department of Army records indicate the potential presence of military ordnance. Section 3, That the Army shall similarly be authorized following the determination as to whether or not ordnance is present on said property and to subsequently dispose of said ordnance in accordance with appropriate rules and regulations for the disposal of same. Section 4. That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED this 10th day of April, 2000. ~ Charles H. Neeley, May' r ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: CONTRACT NO. DACA63-9-00- DEPARTMENT OF THE ARMY RIGHT OF ENTRY FOR ENVIRONMENT AL ASSESSMENT AND RESPONSE CAMP MAXEY PROJECT, TEXAS City of Paris, A 799 The undersigned, herein called the "Owner", in consideration for the mutual benefits of the work described below, hereby grants to 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 assignable right to enter in, on, over and across the land described in Schedule A, for a period not to exceed 12 months, beginning with the date of 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 Ihe local land records by the representative of the United States in charge of the Camp Maxey, Texas, Project, for use by the United States, its representatives, agents, 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; excavate and remove unexploded ordnance and explosive waste, and hazardous substances, 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. The Owner also grants Ihe right to enter and exit over and across any other lands of the Owner as necessary to use the described lands for the purpose listed above. 3. All tools, equipment, and other property taken upon or placed upon the described 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. 4. Upon the expiration or termination of this right-of-entry, the Government shall EXHIBIT A reslore the ground contour, replace any pavement or other cover which was removed or damaged for this work, establish a ground cover of grass on areas not otherwise covered and reconnect any operating utility lines which were required to be disconnected or otherwise disrupted. 5. In addition to the damage provisions of Paragraph 4, ifany 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 lime immediately preceding sLlch damage. The Government's liability under this clause is subject to the availability of appropriations for such payment, and nolhing contained in this agreement may be considered as implying Ihat Congress will at a later date appropriate funds sufficient to meet any deficiencies. The provisions of this clause are without prejudice to any rights the Owner may have to make a claim under applicable laws for any damages other Ihan those provided for herein. WITNESS MY HAND this 10th day of April ,2CO~. By: Owner's Signature Charles H. Neeley, Mayor CITY OF PARIS, PARIS, TEXAS Owner's Printed Name P. O. Box 9037, Paris, Texas 75461 Owner's Address (903 ) 785-7511 (903 ) 782-9721 Consent of Ten anI: (If Applicable) I hereby consent to the use of the property by the Government in accordance with this Right ofEnlry For Environmental Assessment and Response. Tenant's Signature Tenant's Printed Name Tenant's Address ( ) Home Telephone ( ) Work Telephone CERTIFICATE FOR CORPORATIONS AND PARTNERSHIPS (If Applicable) I, ' certify that I am Name of Official Official Position thaI who signed this Right-of-Entry on behalf of Name of Signer was the Official Position for Organization/person Organization/person Ihat said Right-of-Entry was duly signed for and on behalf of Organization/person by authority of its governing body and is within the scope of Signer's corporate or partnership powers. Signature of Official Telephone Number NOTE: THE PERSON SIGNING THE ABOVE CERTIFICATE CANNOT BE THE SAME PERSON THAT SIGNED THE RIGHT-OF-ENTRY. THE UNITED STATES OF AMERICA By: Hyla J. Head Chief, Real Estate Division U.S. Army Corps of Engineers ATTN: CESWF-RE P.O. Box 17300 Fort Worth, TX 76102-0300 (8 I 7) 978-2101 '--- -c:;;r U;l~~ .,~ '\" ",." IlJ1I'\ I" i~l...! ~~f'" .n............:,11 :. ~r ) -:, 1 -:; ~ -:; : [~" :to; ;1/ Q /'-: 't-, '\,' J . _ "-/,' I~ E -r- /~ ,{ 'i.~ , ry ,) II ~:},,-\0C;