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

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TERMS AND CONDITIONS 1. DELIVERY OF INSTRUMENTS OF CONVEYANCE. Upon acceptance ofthe Offer, the Goverrunent shall prepare and deliver to the Purchaser a draft of a deed without warranty by which the Property shall be conveyed (the "Deed"). Upon favorable review of the Deed by the Purchaser, the Purchaser shall execute the Deed and deliver it to the Government for execution. The Purchaser shall tender final payment at closing. 2. CONTINUING OFFER. This Offer shall be deemed a firm and continuing offer from the date of receipt until accepted or rejected by the Government; provided, however, that after 90 days have elapsed from the date of receipt, the Purchaser not having received notice of acceptance may consider its Offer rejected, and ifthe Government desires to accept the Offer after such 90 days, the consent of the Purchaser thereto shall be obtained. 3. NOTICE OF ACCEPTANCE OR REJECTION. Notice by the Government of acceptance or rejection ofthe Offer shall be deemed to have been sufficiently given when delivered or mailed to the Purchaser or its duly authorized representative at the address indicated in the Offer. 4. RESOLUTION. There shall be attached to the Offer a copy of the Purchaser's duly executed resolution authorizing the purchase of and funding for the purchase price of the property resolution shall be duly certified under the City seal of the Purchaser to be a true copy. S. RESCISSION. a. Purchaser may rescind its offer, and the Government will return to Purchaser any earnest money paid up until the date of rescission, if the following documents are not provided to the Purchaser by the Government within ninety (90) days of the signing of this Offer to Purchase: (I) draft final for public comment version of the Finding of Suitability to Early Transfer ("FOSET") (2) draft final for public comment version ofthe Finding of Suitability to Transfer ("FOST") (3) final survey of the Property; (4) Independent Government Cost Estimate ("IGCE"), subject to Army concurrence. (5) any Environmental Baseline Surveys ("EBS") or supplementary EBSs of the Property not already disclosed; (6) any umecorded conditions, covenants or restrictions on the Property; (7) if determined to be necessary in Purchaser's sole discretion, access to the documents in the TCAAP Information Repository and Administrative Record and any recent data that may not be in the repository at this time. b. Upon receipt of the last document listed in Paragraph 5(a)(I).(6) above, Purchaser shall have sixty (60) days to review such documents to determine whether information contained in 2