03-26-07 Item7H, Resolutino 07-39 Wildlife Corridor Transfer

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date for the purpose of executing any documents necessary for transfer of the Property, including but not limited to any necessary environmental certifications 22. 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 ofthe 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, ilIness, 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 23. ENVIRONMENTAL HAZARDOUS SUBSTANCE ACTIVITIES. Twin Cities Army Ammunition Plant was used in the manufacturing of small caliber ammunition. The Property is listed on the National Priorities List (NPL). A detailed disclosure of hazardous substances stored, released, or disposed on the property will be included in the [mal Finding of Suitability for Early Transfer (FOSET) and the Finding of Suitability for Transfer (FOST). 24. COVENANT DEFERRAL REQUEST. When a federal agency conveys real property on which hazardous substances are known to have been released or disposed of or stored for one year or more, the Deed must contain a covenant warranting that all remedial action necessary to protect human health and the environment has been taken before the date of the transfer, 42 U.S.C. 9620(h)(3)(A). However, for federal property that has been listed on the National Priorities List (NPL), Section 120(h)(3)(C) ofthe Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA), 42 U.S.c. 9620(h)(3)(C), authorizes the Governor of the State where the real property is located and the US Environmental Protection Agency (EP A) Administrator, to approve the deferral of the CERCLA Covenant requirement, upon the satisfaction of certain enumerated statutory conditions. TCAAP is listed on the NPL. In accordance with the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) S 120 (h)(3)(C), the Department of the Army will present a Covenant Deferral Request, based upon the FOSET, to the Governor of the State of Minnesota and the US Environmental Protection Agency (EP A) Administrator, Region 5 in order to pursue deferral of the CERCLA covenant warranting that all remedial action necessary to protect human health and the environment shall be accomplished before the date of conveyance of the property. This Offer is conditioned upon, and subject to, the receipt of the Governor of Minnesota and EP A approval of the covenant deferral request. Ongoing environmental investigation and remediation of hazardous substances and conditions on the subject property after conveyance 6