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

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to the lease or rental of a room or rooms within a family dwelling unit; nor shall it apply with respect to religion to premises used primarily for religious purposes. The United States of America shall be deemed a beneficiary ofthis covenant without regard to whether it remains the owner of any land or interest therein in the locality of the Property hereby conveyed and shall have the sole right to enforce this covenant in any court of competent jurisdiction. 17. PROPERTY TO BE SOLD SUBJECT TO EASEMENTS. The Property will be sold subject to any and all existing recorded reservations, easements, restrictions, and rights, for private and public roads, highways, streets, pipelines, railroads, utilities, waterlines, sewer mains and lines, drainage, power lines, rights-of-way and remediation controls imposed upon the property. 18. EXCLUSIONS. Personal property associated with the ground water remediation and monitoring shall be retained by the United States Army. 19. EXCESS PROFITS COVENANT FOR NEGOTIATED SALES TO PUBLIC BODIES. This covenant shall run with the land for a period ofthree years from the date of execution of the Deed. With respect to the Propertv. if at anv time within a 3-vear period from the date of the transfer or title bv the Government. the Purchaser. or it successors or assilffis. shall sell the Propertv. it is covenanted and agreed that all oroceeds received in excess of Purchaser's or a suhseouent seller's actual allowable costs (as defined in 41 CFR 102- 75.895(b)) will be remitted to the Government In order to verify compliance with the terms and conditions ofthis covenant, the Purchaser, or its successors or assigns, shall submit an annual report for each of the subsequent three years to the Government on the anniversary date ofthe Deed. Each report will identify: the property involved in the transaction; the sale price of any property resold: the subsequent purchaser: and the proposed land use. If no resale has been made, the report shall so state. The Government may monitor the property involved and inspect records related thereto to ensure compliance with the terms and conditions ofthis covenant and may take any actions which it deems reasonable and prudent to recover any excess profits realized through the resale of the Property. 20. OBJECTS AFFECTING NA VIGABLE AIRSPACE. Pursuant to the requirements of House Report Number 95-1053 entitled "FAA Determinations of 'No Hazard' For Structures Near Airports", it has been determined that the property is located within six (6) nautical miles of the Blaine-Anoka County Airport. No construction on or alternation of the Property or any portion thereof shall be undertaken by the Purchaser, its heirs, successors or assigns unless and until a written determination of no hazard to air navigation shall have been issued the FAA pursuant to 14 CFR Part 77 "Objects Affecting Navigable Air Space" or under the authority of the Federal Aviation Act of 1958, as amended. This restriction shall run with the Property. 21. SELLER'S RIGHT TO EXTEND CLOSING. The closing date will be thirty (30) days after the signing ofthe CDR by both the Governor of the State of Minnesota and the EPA Administrator, whichever event occurs later. Seller reserves the right to extend the closing 5