OBP006328

DRAFT As of September 9, 2007

DEPARTMENT OF HOMELAND SECURITY RIGHT-OF-ENTRY FOR CONSTRUCTION
Primary Fence 225

(Project, Installation, or Activity)

___________________________________ (Tract Number or Other Property Identification)

The undersigned, hereinafter called the “Owner,” in consideration of $5,000 dollars to be paid upon execution of this instrument by the UNITED STATES OF AMERICA, hereinafter “Government,” and in consideration of the total compensation to be paid by the Government for all land or easement rights hereinafter described on Exhibit 1, to be determined by subsequent agreement between the Owner and the Government, or by judicial proceedings, hereby grants to the Government, a right-ofentry upon the following terms and conditions: 1. The Owner hereby grants to the Government an irrevocable right to enter upon the lands hereinafter described at any time within a period of __________________ (_____) months from the date of this instrument, in order to erect a border fence (including the right to perform work related to construction and maintenance of an all weather access road; including the right to establish temporary construction staging areas and access roads.) The purpose of aforementioned features is to enhance the Government’s ability to reduce illegal cross border activity and assist the Government in responding to migrant rescues and agents in distress. This term of months is being sought to allow for schedule fluctuation as national security priorities shift with unexpected events and as funding reallocations occur. 2. Notices will be given to the Owner, or the Owner’s representative, prior to field activities if the following information has been completed (please print or type clearly): NAME: _____________________ _ TITLE:__________________________

TELEPHONE:_________________ FAX:______________________________ Email/Other:______________________________________________________ Best Time to Reach You: __________________________________________ 3. The Owner agrees to notify all tenants, lessees, caretakers or other interested parties of the grants hereby permitted to the Government under the terms of this agreement. 4. All tools, equipment, improvements, 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 or its contractors at any time within a reasonable period after the expiration of this right-of-entry.

As of September 9, 2007

DRAFT

OBP006329
DRAFT As of September 9, 2007

5. The employees, agents or contractors of the Government shall have the right to inspect and monitor the lands hereinafter described during the period of this right-ofentry for purposes of the safety and security of the construction site and equipment. 6. If aircraft flights over said lands, or entry upon the land by means of helicopter or other type aircraft, are necessary, the Government shall inform the Owner, in advance, of each such flight or entry. 7. In the event that the Government does not acquire title or other necessary interest in said land prior to the expiration of this permit or right-of-entry, or other renewal thereof, the parties agree that, 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, at its option, either repair such damage or make an appropriate settlement with the Owner, taking into consideration the consideration already paid by the Government. In no event shall such repair or settlement exceed the fair market value of the fee interest of the real property at the time immediately preceding such damage. In no event shall the Owner be required to return the consideration paid by the Government upon execution of this instrument. The Government’s liability under this clause may not exceed appropriations available for such payment and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet 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 other damages than provided herein. If the Government does acquire such title or other necessary interest, damages would be limited to the decrease in the fair market value of the owner’s remainder caused by such damage. 8. The land affected by this right-of-entry is located in the County of _____________________________, State of _____________________________, and is described as follows: __________________________________________________ ______________________________________________________________________ 9. The undersigned hereby warrants that by their signature, they are the Owner(s) of said land and/or that they have the legal authority to grant a right-of-entry subject to the aforementioned terms and conditions. WITNESSES MY HAND AND SEAL this ______ day of _________________, 20____ _______________________________ (SEAL) _______________________________ (SEAL) UNITED STATES OF AMERICA BY__________________________________ (Title)

As of September 9, 2007

DRAFT

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