9A, City - County Joint Powers Agreement for TCAAP

Home Browse Search

Army. The Army will complete the inspection as soon as possible, but no later than five (5) business days after receipt by the U.S. Government of notification from the Purchaser of the discovery of the Unknown Environmental Condition. The Army and the Purchaser agree to confer regarding the scope of any investigation and remediation that may be necessary within five(5)business days of the Army's inspection of the release. If the Purchaser and Army agree that the Army can perform the investigation and remediation of the release (1) at less cost than the Purchaser and (2) within the same time frame as the Purchaser, 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 Purchaser, then the Purchaser will perform the investigation and remediation of the release. In either case, the Purchaser will provide the Government with all test results or reports produced or generated regarding the Unknown Environmental Condition. If the Purchaser conducts the investigation and remediation, the Purchaser may immediately utilize the balance of the Purchase Price held back at the Initial Closing 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 Offer, including but not limited to this Section 27, 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. 28. RIGHT TO CURE. In the event a party hereto fails to observe or perform any of its obligations under this Offer, after having been provided written notice and failing to cure the default within sixty(60) days, the other party will be entitled to exercise any and all of the remedies for breach which are provided for herein. 29. RETAINED LIABILITIES AND RESPONSIBILITIES. The Government retains liability after the transfer of the Property to the Purchaser for remediation for: (1) nuclear, biological and chemical contamination; (2)munitions and explosives of concern, including unexploded ordnance; (3) groundwater remediation required under the FFA, as further described below; and(4) any other liability required by law to be retained by the Government pursuant to CERCLA, § 120(h)(3), 42 USC §9620(h)(3). All responsibility for remediation of the groundwater and management and operation of the groundwater treatment and monitoring well systems will be retained by the Army. Pursuant to the FFA, the Army is required to pump and treat or otherwise remediate groundwater on, at, under, or emanating from TCAAP (including the Property). Due to the foregoing, the Army previously constructed two (2) groundwater recovery systems consisting of eighteen (18) extraction wells(thirteen (13) on the Property), seventeen(17)pump houses (twelve(12)on the Property), one (1) groundwater collection trench, two (2) water treatment plants, underground force main infrastructure, and more than 40 monitoring wells. A map of the groundwater recovery systems is attached hereto as Exhibit B. All buildings and personal property associated with the groundwater remediation and monitoring well systems will be retained by the Army so long as the Army is required to perform its groundwater remediation responsibilities. If the Purchaser desires to relocate or otherwise alter the groundwater recovery system, the Purchaser must receive the prior written approval of the Army, EPA and MPCA. 10 176632v1