9A, City - County Joint Powers Agreement for TCAAP

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1. Leased Property. The Government hereby leases to the County, and the County hereby leases from the Government, for the term herein set forth, without any requirement for payment of rent by the County, the Leased Property. The Leased Property consists of those parcels of land highlighted in red and brown on the map attached hereto as Exhibit A (the "Map"). 2. Term. The term of this Lease shall be for a period of time (the "Term") commencing on the date of execution of this Lease as provided in Section 2.A of the OTP and expiring on the date (the "Expiration Date") on which the Army delivers a deed conveying ownership of the Leased Property to the County (the "Deed"). The Deed will be delivered to the County upon full completion of the County's work, as described in Section 3, below. 3. County's Work. (a) The Army is ultimately responsible for ensuring that any and all necessary response actions are taken at the Leased Property for releases that are attributable to the Army. Notwithstanding the foregoing, the County agrees that it will commence the environmental soil remedial actions on the Leased Property necessary to satisfy the Government's obligation under the FFA so that the Leased Property will be cleaned to at least meet the MPCA Tier II Industrial/Commercial Soil Reference Values ("Tier II SRVs") (collectively, the "County's Work"). (b) The County acknowledges that it has been provided with and has had an opportunity to fully review those certain environmental reports listed on Exhibit C attached hereto and incorporated herein by reference (collectively, the "Reports"). The County's Work shall include the remediation of substances required to be addressed in accordance with the Work Plan (such term is defined in Section 3 (d), below) even if any such substances vary in amount and/or concentration from what is stated in the Reports. Notwithstanding the foregoing, the Government will retain the obligation to investigate and remediate any Unknown Environmental Conditions. "Unknown Environmental Conditions"shall mean any hazardous substance not identified as present on the Leased Property in the Reports or the presence of any hazardous substance identified as present on the Leased Property in such Reports, but discovered after the effective date of the Lease to be present in locations not identified in the Reports. (c) If the County discovers Unknown Environmental Conditions on the Leased Property prior to the Expiration Date, the County will, within five (5) business days of the discovery,notify the Government and will secure the area where the release was discovered for inspection by the Army. The Army will complete the inspection as soon as possible, but no later than five (5) business days after receipt by the Government of notification from the County of the discovery of the Unknown Environmental Condition. The Army and the County agree to confer regarding the scope of any investigation and remediation that may be 24 176632v1