|
200101865
<br />necessary with respect to any such substance remaining on the property after the date hereof shall be
<br />conducted by the United States.
<br />c. The Grantor reserves a right of access to any and all portions of the herein described tracts of
<br />land for purposes of environmental investigation, remediation or other corrective action. This reservation
<br />includes the right of access to and use of, to the extent permitted by law, available utilities at reasonable
<br />cost to the Grantor. These rights shall be exercisable in any case in which a remedial action, response
<br />action or corrective action is found to be necessary after the date of conveyance of the herein described
<br />tracts of land, or such access is necessary to carry out a remedial action, response action or corrective
<br />action on adjoining property. , Pursuant to this reservation, the United States and its officers, agents,
<br />employees, contractors and subcontractors shall have the right (upon reasonable notice to the Grantee or
<br />the then owner and any authorized occupant of the property) to enter upon the herein described tracts of
<br />land and conduct investigations and surveys, to include drilling, testpitting, borings, data and/or record
<br />compilation, and other activities related to environmental investigation, and to carry out remedial or
<br />removal actions as required or necessary under applicable authorities, including but not limited to
<br />monitoring wells, pumping wells, and treatment facilities.
<br />IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCEPTIONS, RESTRICTIONS,
<br />RESERVATIONS AND COVENANTS AFFECTING THE PROPERTY
<br />This conveyance is expressly made subject to the following environmental notices, exceptions,
<br />restrictions, reservations and covenants affecting the property hereby conveyed to the extent and only to
<br />the extent the same are valid and affect the property, and shall be considered as covenants running with
<br />the land and binding on all parties having any right, title or interest in the property or any part hereof, their
<br />heirs, successors and assigns.
<br />a. National Priority List Property - Federal Facility Agreement: The United States
<br />acknowledges that the Cornhusker Army Ammunition Plant has been identified as a National Priority List
<br />(NPL) site under the Comprehensive Environmental Response, Compensation and Liability Act
<br />(CERCLA) of 1980, as amended. A copy of the Cornhusker Army Ammunition Plant Federal Facility
<br />Agreement (FFA), entered into by the United States Environmental Protection Agency (EPA) Region VII,
<br />the State of Nebraska, Department of Environmental Quality, and the Department of the Army effective
<br />September 4, 1990, and a copy of any amendments thereto, are available for the Grantee's review at the
<br />Office of the Commander's Representative. The Grantee agrees that should any conflict arise between the
<br />terms of the FFA as they presently exist or may be amended, and the provisions of this property transfer,
<br />the terms of the FFA will take precedence. The Grantee further agrees that notwithstanding any other
<br />provisions of the property transfer, the United States assumes no liability to the Grantee should
<br />implementation of the FFA interfere with its use of the property. The Grantee or any subsequent
<br />transferee, shall have no claim on account of any such interference against the United States or any
<br />officer, agent, employee or contractor thereof.
<br />b. No Liability for Non -Army Contamination: The Army shall not incur liability for additional
<br />response action or corrective action found to be necessary after the date of transfer in any case in which
<br />the person or entity to whom the property is transferred, or other non -Army entities, is identified as the
<br />party responsible for contamination of the property.
<br />c. Restriction to Industrial/Agricultural Use: The Army has undertaken careful environmental
<br />study of the property and concluded, to which the Grantee agrees, that the highest and best use of the
<br />property is limited by its environmental condition to industrial and agricultural uses. In order to protect
<br />4
<br />
|