9A, City - County Joint Powers Agreement for TCAAP

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Property is listed on the National Priorities List(NPL). A detailed disclosure of hazardous substances stored, released, or disposed on the Property is attached hereto as Exhibit E. 25. CERCLA ACCESS. Government reserves a right of access to all portions of the property for environmental investigation, remediation or other corrective action. This reservation includes the right of access to and use of available utilities at reasonable cost to Government. These rights shall be exercisable when a remedial action, response action or corrective action is found to be necessary after the date of this conveyance, or in which access is necessary to carry out a remedial action, response action, or corrective action on adjoining property. Pursuant to this reservation, the United States of America, and its respective officers, agents, employees,contractors and subcontractors shall have the right(upon reasonable advance written notice to the record title owner) to enter upon the Property and conduct investigations and surveys, to include drilling, test-pitting, borings, data and records compilation and other activities related to environmental investigation, and to carry out remedial or removal actions as required or necessary, including but not limited to the installation and operation of monitoring wells, pumping wells, and treatment facilities. Any such entry, including such activities, responses or remedial actions, shall be coordinated with the record title owner and shall be performed in a manner that minimizes interruption of activities of authorized occupants, and shall not unreasonably interfere with the conduct of business on the Property, and shall repair any damage to the Property, including improvements thereon, resulting from such entry to the condition existing immediately before its entry thereon. 26. REMEDIATION OF LEASED PROPERTY. 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 Purchaser agrees that the Lease will require that the Purchaser commence the remedial actions necessary to satisfy the Government's obligation under the Federal Facilities Agreement dated August 12, 1987 (the "FFA") and entered into by and between the MPCA,the EPA and the Army provided,however, that the Government will retain the obligation to investigate and remediate any"Unknown Environmental Conditions" at the Leased Property. The term "Unknown Environmental Conditions" will be defined in the Lease as: Any hazardous substance not identified as present on the Leased Property in the reports listed in Exhibit F hereto, which will be incorporated in the Lease, 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 such reports. As indicated in Exhibit C,no rental payment under the Lease will be due by the Purchaser. The term of the lease will be for a period of time commencing on the date of the Initial Closing and expiring on the date on which the Government will deliver to the Purchaser a deed for the Leased Property. 27. SELF HELP FOR UNKNOWN ENVIRONMENTAL CONDITIONS. If Purchaser discovers Unknown Environmental Conditions on the Leased Property prior to the Final Closing, the Purchaser 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 9 176632v1