|
200213203
<br />b. Grantor reserves a right of access to all portions of the Property for environmental
<br />investigation, remediation or other corrective action. This reservation includes the right of
<br />access to and use of available utilities at reasonable cost to Grantor. These rights shall be
<br />exercisable in any case in which a remedial action, response action or corrective action is found
<br />to be necessary after the date of this conveyance, or in which access is necessary to carry out a
<br />remedial action, response action, or corrective action on adjoining property. Pursuant to this
<br />reservation, Grantor, and its respective officers, agents, employees, contractors and
<br />subcontractors shall have the right (upon reasonable notice to the record title owner) to enter
<br />upon the Property and conduct investigations and surveys, to include drilling, test - pitting,
<br />borings, data and records compilation and other activities related to environmental investigation,
<br />and to carry out remedial or removal actions as required or necessary, including but not limited
<br />to the installation, operation, and removal of monitoring wells, pumping wells, and treatment
<br />facilities. Any such entry, including such activities, responses or remedial actions, shall be
<br />coordinated with record title owner and shall be performed in a manner that minimizes
<br />interruption with activities of authorized occupants. Grantor will provide the record title owner
<br />reasonable advance notice of such activities, responses, or remedial actions. This subparagraph
<br />shall not effect the Grantor's future responsibilities, if any, to conduct response actions or
<br />corrective actions that are required by applicable laws, rules and regulations.
<br />IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCEPTIONS, RESTRICTIONS AND
<br />COVENANTS AFFECTING THE PROPERTY
<br />This conveyance is expressly made subject to the following environmental notices,
<br />exceptions, restrictions and covenants affecting the property hereby conveyed to the extent and
<br />only to the extent the same are valid and affect the property, and shall be considered as covenants
<br />running with the land and binding on all parties having any right, title or interest in the property,
<br />or any part thereof, their heirs, successors and assigns.
<br />a. Federal Facility Agreement
<br />A copy of the Combusker Army Ammunition Plant Federal Facility Agreement (FFA),
<br />entered into by the United States Environmental Protection Agency (EPA) Region VII, the
<br />State of Nebraska, and the Department of the Army, effective September 1990, and a copy of
<br />any amendments thereto, are available for the Grantee's review at the Office of the
<br />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
<br />transfer, the terms of the FFA will take precedence. The Grantee further agrees that
<br />notwithstanding any other provisions of the property transfer, the United States assumes no
<br />liability to the person or entity to whom the property is transferred should implementation of the
<br />FFA interfere with their use of the property. The Grantee or any subsequent transferee, shall
<br />have no claim on account of any such interference against the United States or any officer, agent,
<br />employee or contractor thereof.
<br />
|