9A, City - County Joint Powers Agreement for TCAAP

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Exhibit D DRAFT— 12/22/11 LICENSE AGREEMENT Agreement made this XXXth of XXX, 2011, by and between the Ramsey County Parks and Recreation Department, a regional agency of the State of Minnesota(the "Licensee"), having an address at 15 West Kellogg Boulevard, St. Paul, MN 55102 and the General Services Administration, as agent for the United States of America (the"Government"), having a business address at the Thomas P. O'Neill, Jr. Federal Building, 10 Causeway Street, Boston, Massachusetts 02222. WHEREAS,the Government is the owner of the former Twin Cities Army Ammunition Plant(TCAAP) located at the intersection of Highways 10 & 96 in Arden Hills, MN, (the "Government Property"); WHEREAS, the Licensee will perform due diligence in accordance with the Minnesota Pollution Control Agency(MPCA) and its Voluntary Investigation and Cleanup (VIC)program for remedial activities located on a portion of the Government Property(See Exhibit A, Parcels 1,2,3); WHEREAS, the Government is willing to grant to the Licensee a license to enter upon and use the Government Property for the purposes,and subject to the restrictions,limitations and conditions, specified herein; NOW THEREFORE, in consideration of the mutual promises, covenants and other good and valuable consideration set forth herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Term. The Government grants to the Licensee, a license (the "License"),pursuant to which the Licensee and its employees, agents and invitees shall have the right to enter upon, access and use portions of the Government Property for the Permitted Uses as described and defined in Paragraph 2 herein. The Licensee shall have the right to use the Government Property for the Permitted Uses, subject to the restrictions, conditions and limitations described herein, for that period of time(the "Term") commencing on the date the License Agreement is executed and ending 12 months from the date of execution(the"Termination Date"); provided however that the Government, upon the written request of Licensee, may in its sole discretion, extend such Term, and provided further that this License may be terminated by the Government with seven(7) days prior written notice or in accordance with the terms 31 176632v1