9A, City - County Joint Powers Agreement for TCAAP

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Upon completion of all necessary groundwater remediation and upon obtaining the necessary regulatory closures, the groundwater recovery systems (including all buildings and personal property associated therewith) will be conveyed without cost to the Purchaser. From the time of the First Closing and until the Army completes the groundwater remediation, the Government shall retain the right to access and perform the Government's remediation activities on the Property, and the Purchaser shall not perform construction on and/or otherwise restrict the Government's access to the extraction wells and monitoring wells shown on Exhibit B, or any new wells required by the MPCA or EPA to be installed on the Property. The Government shall have the right (in its sole and absolute discretion)to reserve all reasonably necessary rights in the deeds for the Property to allow the Army to effectively perform its groundwater remediation activities. 30. EXPLANATORY STATEMENT. An explanatory statement shall be prepared and transmitted to the appropriate Congressional Committees prior to the Government's acceptance of this Offer. The explanatory statement will provide a comprehensive review of the negotiations, the Property and terms of the transaction in accordance with 40 USC 545(b)(8). Within five(5) business days following a favorable review by the appropriate Congressional Committees, the Government will accept this Offer. 31. EXHIBITS. All exhibits referenced in this Offer and attached hereto are hereby incorporated herein and made a part of this Offer. [SIGNATURE PAGES FOLLOW] 11 176632v1