9A, City - County Joint Powers Agreement for TCAAP

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necessary within five (5) business days of the Army's inspection of the release. If the County and the Army agree that the Army can perform the investigation and remediation of the release (1) at less cost than the County and (2) within the same time frame as the County, the Army has the option to complete any necessary investigation and remediation required by the MPCA or EPA with respect to the Unknown Environmental Condition. If the Army cannot complete the investigation and remediation within the same time frame as the County, then the County will perform the investigation and remediation of the release. In either case, the County will provide the Government with all test results or reports produced or generated regarding the Unknown Environmental Condition. If the County conducts the investigation and remediation,the County may immediately utilize all or any portion of the balance of the Purchase Price held back at the Initial Closing (as Purchase Price and Initial Closing are defined in the OTP) to complete any necessary investigation and remediation required by the MPCA or EPA with respect to the Unknown Environmental Condition, and will provide the Government with written documentation of all costs it incurs to complete the work. Nothing in this Lease, including but not limited to this paragraph, will in any way limit the Government's obligation to investigate and remediate Unknown Environmental Conditions present on the Leased Property, and said obligation shall survive the Initial Closing and Final Closing (as Initial Closing and Final Closing are defined in the OTP). (d) The County acknowledges that it has enrolled in the MPCA Voluntary Investigation and Cleanup Program ("MPCA's VIC Program") and that it will receive MPCA approval for an environmental work plan (the "Work Plan") for the Leased Premises. It is understood by the parties hereto that the Work Plan will outline MPCA's oversight role in the cleanup, the process for regulatory closure of soil contamination exceeding the Tier II SRVs on the Leased Property, a schedule for implementation, and the applicable cleanup standards. The County agrees to comply fully with the Work Plan provided, however, in the event of any conflict or inconsistency between the terms of this Lease and the terms of the Work Plan, the terms of the Work Plan, as applicable, shall control and such terms of this Lease shall be deemed modified and/or deleted, as applicable, to allow the County and its contractors and agents to take such actions so as to comply with the Work Plan. (e) The County's Work shall be deemed completed upon receipt by the Army of appropriate written assurances from the MPCA and concurrence from the EPA determining that the Leased Property has been remediated to the Tier II SRVs. A. Use of the Leased Property. During the term of this Lease, the County (and its employees, agents and contractors) will enter upon and occupy the Leased Property, subject to the restrictions, conditions and limitations described herein, for the purpose of developing, implementing and performing the County's Work. The County shall use the Leased Property for no purpose other than as described in this Section 4. 5. Right to Inspect County's Work. Upon providing reasonable notice to the County, the Army and its designated representative shall have the right to inspect any actions 25 176632vl