9A, City - County Joint Powers Agreement for TCAAP

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three years after the anniversary year of the Final Deed)..Each report will identify the portion of the Property involved in the transaction and will contain such of the following items of information as are applicable at the time of the submissions: (i) a statement indicating whether or not a resale has been made; (ii) a description of each portion of the Property that has been resold; (iii) the sale price of such resold portion (iv) the identify of each purchaser; (v) the proposed land use; and(vi)an enumeration of any allowable costs incurred that would offset any profit realized. The Government may monitor the Property involved and inspect records related thereto to ensure compliance with the terms and conditions of this covenant and may take any actions which it deems reasonable and prudent to recover any excess profits realized through the resale of the Property. 21. OBJECTS AFFECTING NAVIGABLE AIRSPACE.Pursuant to the requirements of House Report Number 95-1053 entitled"FAA Determinations of`No Hazard' For Structures Near Airports", it has been determined that the Property is located within six (6) nautical miles of the Blaine-Anoka County Airport. No construction on or alternation of the Property or any portion thereof shall be undertaken by the Purchaser, its heirs, successors or assigns unless and until a written determination of no hazard to air navigation shall have been issued the FAA pursuant to 14 CFR Part 77 "Objects Affecting Navigable Air Space" or under the authority of the Federal Aviation Act of 1958, as amended. This restriction shall run with the Property. 22. GOVERNMENT'S RIGHT TO EXTEND CLOSING. Upon mutual agreement between the Government and Purchaser, the Government may reasonably extend the date of the Initial Closing and/or the Final Closing for the purpose of executing any documents necessary for transfer of the Property, including but not limited to any necessary environmental certifications. 23. NOTICE OF THE POSSIBLE PRESENCE OF LEAD-BASED PAINT. Pursuant to the Residential Lead-Based Paint Hazard Reduction Act of 1992, Public Law 102-550 (Title X), the Government hereby acknowledges the required disclosure of the presence of any known lead-based paint and/or lead based paint hazards in target housing constructed prior to 1978 on the Property described in the Deed. The Property contains no improvements defined by Title X as target housing. The Purchaser warrants all structures will be demolished and no occupancy of any kind shall occur on the improvements now located on the Property. After the date of conveyance, the Government shall assume no liability for damages for personal injury, illness, disability or death to the purchaser, or to any other person, including members of the general public, arising from or incident to, the purchase, transportation, removal, handling, use disposition or other activity causing or leading to contact of any kind whatsoever with lead-based paint on the Property, whether the Purchaser has properly warned or failed to properly warn the individual(s) injured 24. ENVIRONMENTAL HAZARDOUS SUBSTANCE ACTIVITIES. Twin Cities Army Ammunition Plant was used in the manufacturing of small caliber ammunition. The 8 176632v1