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Home My WebLink AboutU.S. Army Corps of Engineers RESOLUTION 2018-751 ADOPTED DOC ID: 14403 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-751 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 14, 2018: RESOLVED the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Rights of Entry allowing the U.S. Army Corps of Engineers to enter onto various sites that were part of the former Fort H.G. Wright at Fishers Island, in connection with environmental recommendations, subject to the approval of the Town Attorney. Z?--� Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell i rt cr2- but Fr O�Q LQti s -, j I i .. , ,, a CD Al. RECEIVED SEP 1 1 2018 Office of the Town Attorney Town of Southold Southold Town Clerk Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: September 10, 2018 Subject: Agreement with Department of Army Right of Entry for Environmental Assessment & Response With respect to the above-referenced matter, I am enclosing the original Agreement together with the Resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. DEPARTMENT OF THE ARMY RIGHT-OF-ENTRY FOR ENVIRONMENTAL ASSESSMENT AND RESPONSE DEFENSE ENVIRONMENTAL RESTORATION PROGRAM- FORMERLY USED DEFENSE SITES (DERP-FUDS) ROE HDACA51-9-18-602 PROJECT NAME: Fort H. G. Wright at Fisher's Island FUDS PROJECT NUMBER: CO2NY0610 LOCATION: (TOWN, COUNTY, STATE)Fisher's Island,Suffolk County,NY ASSESSORS' PARCEL NUMBER(s): 1000 12. 1 :18 (Five Sites), 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 irrevocable and assignable right to enter in, on, over and across the lands hereinafter described in Condition 5 for a period not to exceed 24 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 temlination in the local land records by the representative of the United States in charge of the Fort H. G. Wright at Fisher's Island—Battery 215, Mine Casemate,Radar Site near Battery Dutton, Radio and Signal Corps Building and Tyler Lane/Silver Eel Cove for use by the United States, its representatiVes,agents,and contractors, and assigns, as a work,area for euvu•otunental investigation and response;including the right,to store,move, WIC] remove equipment and supplies; erect and remove temporary structures on the land;investigate and collect samples; (excavate and remove ordnance and explosive waste,pollutants, hazardous substances, contaminated soils, containerized waste, and replace with uncontaminated soil); excavate and remove all storage tanks (above, at,and below ground level), contents, and appurtenant piping; demolish and dispose of former military structures and debris; construct, operate, maintain, alter,repair, and remove groundwater monitoring wells, groundwater purification and injection.systems, appurtenances thereto, and other devices for the monitoring and treatment of contamination in soil, air, and water; dispose of ordnance and explosive waste by detonation; 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 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. 1 o DERP-FUDS Project No.0O21VY0610 ROE#DACA51-9-18=602 3, 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 or right-of- entry, 4. 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 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 than those provided for herein. 5. The land affected by this permit or right-of-entry is located in Suffolk County, State of New York, and is described as follows: WITNESS MY HAND AND SEAL this day of 20_ Owner/Agency Name: Town of Southold Parcel Address: Fox Lane Mailing Address if different from above: P.O. Box 1179,Fisher's Island,NY Owner/Agency Phone#:_Bill Duff/631-765-1939 Year Round Phone#or cellphone#:_631-765-1939 Email: billd(a,southoldtownnv.gov Signature): Title: :S u Q ry S 1 Owner or Agency representative needs to sign this page. If signing on behalf of owner or an agency, The certificate of authority signature is also required on the next page. 2 DERP-FUDS Project No.0O2NY0610 ROE#DACA51-9-18-602 UNITED STATES OF AMERICA By: /� , 0,�il - - Real Estate Contracting Officer U.S. Arany Corps of Engineers (Additional signature pages follow) 3 DERP-FURS Project No.0O2NY0610 ROE#DA'C,A51-9-18-602 CERTIFICATE OF AUTHORITY I,' �Cc '� certify that I am of (Name) ''nn � , I (Title) O 4 S0'uo IIS ti}SS , who signed , and that ,SGc't�}' � .� (name of corporation, agency, etc.) (name of person who signed above) the foregoing instrument on behalf of the grantee,was then the 5UW V-LS at— of `� , { (title of person who signed above) E. the �WYL V U ��y�W i further certify thatthe.said _ (raarre of c'oPoration, agency, etc.) (name oofPerson whsi$ned above) was acting within the scope of powers delegated to him/her in executing said instrument. r•' ee Date: s , !`� I Signaturez: f 2 Certificate of authority is required if owner is a corporation, company, agency, etc. to verify that the person who signed the preceding ,page has the proper authority to sign on owner or agency's behalf. 4 DERP-FUDS Project No.0O2NY0610 ROE#DACA51-9-15-602 CERTIFICATE OF TRUSTEE I, ,the undersigned,hereby certifies as follows: 1. That I am the sole Trustee of the ,under a j written Declaration of Trust dated and recorded with the in Book ,Page 2. That said Declaration of Trust has not been terminated or amended. 3. That the Trust is the owner,of the real estate known as 4. All persons who are Beneficiaries thereof are alive and legally competent. 5. All Beneficiaries thereof have duly directed and authorized the Trust in writing to execute and deliver a RIGHT OF ENTRY for the real estate known as or In accordance with the terms and conditions of said Trust, the Trustee has the legal authority to obligate and bind the aforementioned real estate tinithout the express consent of the beneficiaries. Witness our hands and seal this of , 2011. TRUST Trustee Commonwealth of County of )ss. ,2011 On this day of ,2011,before me,the undersigned notary public,personally appeared ,Trustee,proved to me through satisfactory evidence,of identification,which was ,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that lie/she signed it voluntarily for its stated purpose. Notary Public- My ublicMy commission expires: '5 ,