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<br />THIS INSTRUMENT
<br />Attention:
<br />GRANT DEED WITH USE RESTRICTIONS
<br />CHEVRON U.S.A. INC., a Pennsylvania Corporation, ( "Grantor "), for valuable
<br />consideration in hand paid, hereby grants, conveys and donates to the CITY OF GRAND ISLAND,
<br />a Municipal Corporation ( "Grantee "), all that real property (hereinafter called the "Property ") situated
<br />in the City of Grand Island, County of Hall, State of Nebraska, described in Exhibit A attached
<br />hereto and incorporated by reference herein.
<br />1. Grantee acknowledges that it is aware that storage and disposal of various pesticides and
<br />insecticides have taken place on the Property, and that as a result of such activities there are or were
<br />surface and/or subsurface contamination areas on the Property. Such pesticides and insecticides
<br />include, but may not be limited to, the following: Ammonium Nitrate, Arsenic, Aldrin, Chlordane,
<br />Dieldrin, Endrin, Heptachlor, Lindane, Toxaphene, DDT, Tetraethylpyrophosphate, Total Organic
<br />Carbon, Total Organic Halogen, 2.4 -D and 2.4.5 -T.
<br />2. Grantee covenants that it shall be bound by the terms and conditions of Section 5 of the
<br />Donation Agreement and Joint Escrow Instructions dated October 13, 2000 entered into between
<br />Grantor and Grantee. Said Section 5 is incorporated into this instrument as if fully set forth herein.
<br />3. The Property is and shall hereafter be held, occupied and used subject to the covenants,
<br />conditions, restrictions and releases set forth herein:
<br />(a) No portion of the Property shall be used for any purpose involving temporary or
<br />permanent housing of individuals, such as hotels, motels, apartments, hospitals or nursing homes, or
<br />any purpose involving the extended presence of persons on the Property, including but not limited to
<br />schools, day -care facilities, or houses of worship.
<br />(b) The groundwater under the Property shall not be accessed or used for human
<br />consumption, cooking, watering or any other purpose.
<br />(c) In the event the Grantee breaches any of the covenants, conditions or restrictions
<br />contained in this instrument, the Grantor and the Grantor's successors, heirs and assigns shall have
<br />the right to obtain injunctive relief in any appropriate judicial forum in addition to any other
<br />remedies available under the law.
<br />4. Grantee shall remain the owner of the Property in perpetuity and shall not transfer, sell,
<br />convey, lease or license the Property to any third party, and any such attempted transfer, sale,
<br />conveyance, lease or license shall be void and of no force or effect. In the event that any statute,
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<br />GRANT DEED WITH USE RESTRICTIONS
<br />CHEVRON U.S.A. INC., a Pennsylvania Corporation, ( "Grantor "), for valuable
<br />consideration in hand paid, hereby grants, conveys and donates to the CITY OF GRAND ISLAND,
<br />a Municipal Corporation ( "Grantee "), all that real property (hereinafter called the "Property ") situated
<br />in the City of Grand Island, County of Hall, State of Nebraska, described in Exhibit A attached
<br />hereto and incorporated by reference herein.
<br />1. Grantee acknowledges that it is aware that storage and disposal of various pesticides and
<br />insecticides have taken place on the Property, and that as a result of such activities there are or were
<br />surface and/or subsurface contamination areas on the Property. Such pesticides and insecticides
<br />include, but may not be limited to, the following: Ammonium Nitrate, Arsenic, Aldrin, Chlordane,
<br />Dieldrin, Endrin, Heptachlor, Lindane, Toxaphene, DDT, Tetraethylpyrophosphate, Total Organic
<br />Carbon, Total Organic Halogen, 2.4 -D and 2.4.5 -T.
<br />2. Grantee covenants that it shall be bound by the terms and conditions of Section 5 of the
<br />Donation Agreement and Joint Escrow Instructions dated October 13, 2000 entered into between
<br />Grantor and Grantee. Said Section 5 is incorporated into this instrument as if fully set forth herein.
<br />3. The Property is and shall hereafter be held, occupied and used subject to the covenants,
<br />conditions, restrictions and releases set forth herein:
<br />(a) No portion of the Property shall be used for any purpose involving temporary or
<br />permanent housing of individuals, such as hotels, motels, apartments, hospitals or nursing homes, or
<br />any purpose involving the extended presence of persons on the Property, including but not limited to
<br />schools, day -care facilities, or houses of worship.
<br />(b) The groundwater under the Property shall not be accessed or used for human
<br />consumption, cooking, watering or any other purpose.
<br />(c) In the event the Grantee breaches any of the covenants, conditions or restrictions
<br />contained in this instrument, the Grantor and the Grantor's successors, heirs and assigns shall have
<br />the right to obtain injunctive relief in any appropriate judicial forum in addition to any other
<br />remedies available under the law.
<br />4. Grantee shall remain the owner of the Property in perpetuity and shall not transfer, sell,
<br />convey, lease or license the Property to any third party, and any such attempted transfer, sale,
<br />conveyance, lease or license shall be void and of no force or effect. In the event that any statute,
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