Suggested Revisions to Navy Agreement

For Temporary Easement

Strikeout = recommended deletion

Italics = recommended addition

ADDENDUM NO. 1 (page 1) – beginning with the last paragraph

            NOW, THEREFORE, for an in consideration of the premises and the sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00), to be paid to the GRANTOR within sixty (60) days of the GRANTEE’S receipt of an original signed copy of this GRANT OF TEMPORARY EASEMENT, fully executed by the GRANTOR, the GRANTOR does hereby grant, unto the UNITED STATES OF AMERICA, and its assigns, an non exclusive easement in, across, and over the premises hereinafter-described for a period of eighteen (18) months commencing with the date of the GRANTOR’s execution of this GRANT OF TEMPORARY EASEMENT and consisting of the right of the GRANTEE, its representatives, agents, and contractors, to conduct wildlife observations, place, operate and maintain groundwater monitoring wells and noise monitoring equipment, said groundwater monitoring wells and noise monitoring equipment not to occupy a total aggregate area greater than 1,000 square feet, collect water and soil samples, conduct soil borings, conduct archeological studies, and conduct other exploratory work necessary for the preparation of an Environmental Impact Statement for the design of a military construction project, over all that certain piece or parcel of land being more particularly described as follows:

(Property description inserted)

            This GRANT OF TEMPORARY EASEMENT is subject to timber and mineral interests of record and all existing easements of record, including those for public roads and highways, public utilities, railroads, drainage canals, and pipelines, if any.

            Reserving to the GRANTOR or its assigns all right, title, interest and privilege as may be used and enjoyed without interfering with or abridging the rights granted hereunder.

            This GRANT OF TEMPORARY EASEMENT is made subject to the following conditions:

            1.  All costs and expenses incurred in connection with its entry on said Premises shall be borne by the GRANTEE, with no cost or expense to the GRANTOR.

            2.  The GRANTOR does not warrant the condition of the Premises and the GRANTEE accepts the use and condition of said Premises on an "as is" basis without any representation whatsoever on the part of the GRANTOR as to the condition, safety or suitability of said Premises. GRANTEE agrees to indemnify, hold harmless and defend Grantee from all actions, suits, claims and judgments related to or arising from GRANTEE’s exercise of this Easement to the extent permitted by law. GRANTEE’s independent contractors, to the extent that they enter upon the property pursuant to this Easement, shall be parties to this Easement and shall be bound by the indemnification provisions contained herein, to the extent that any action, suit, claim or judgment arises from or is related to their act or failure to act, without regard to any negligence or willful misconduct.

            3.  If the death of or injury to any person, or the loss of or damage to any property is caused by the GRANTEE, its agents, servants, and employees in the course of its use of the Premises, the liability, if any, of the GRANTEE therefor shall be determined in accordance with applicable provisions of the United States Federal Tort Claims Act, as amended, except as otherwise indicated herein.

            4.  Upon the expiration of this GRANT OF TEMPORARY EASEMENT, the GRANTEE will remove all its personal property from said Premises and repair any damages resulting from its activities conducted on said Premises and return the property to the condition that existed prior to Grantee’s entry.

            5. No disturbance of historical or archeological sites shall be undertaken during the exercise of this Easement.

            6.  The GRANTEE shall provide to the GRANTOR, within 30 days of collection, copies of all sampling results, laboratory analyses, data collected and observations obtained by Grantee on Grantor’s property.

            5.7.  The GRANTEE shall provide the GRANTOR with 48 hours advance notice prior to its initial entry upon the GRANTOR’s property and prior to any subsequent entry. Said advance notice may be provided by either telephone, email or letter to the GRANTOR as follows: (contact information to be inserted)

            6.8.  Any correspondence from the GRANTOR to the GRANTEE regarding this GRANT OF TEMPORARY EASEMENT shall be provided to the GRANTEE at the following address:

                                    Real Estate Services, Asset Management

                                    Naval Facilities Engineering Command, Mid Atlantic

                                    9742 Maryland Avenue

                                    Norfolk, Virginia 23511-3095

                                    Attention: Code AM1-RS

            IN WITNESS WHEREOF .   .   .   .