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AGREEMENT REGARDING ADDITIONAL ENVIRONMENTAL WORK
THIS AGREEMENT REGARDING A,DDITIONAL NVIRONMENTAL WORK
("Agreement") is made and entered into effective this I.d-day of , 2006 by and among The
Ryland Group, Inc., a Maryland corporation ("'Ryland"), Huset Park Develop ent Corporation, a Minnesota
corporation ("Developer"), the City of Columbia Heights, a Minnesota municipal corporation (the "City"), and
the Columbia Heights Economic Development Authority (the EDA).
RECITALS
WHEREAS, Ryland and Developer have entered into a certain Agreement of Purchase and Sale dated
April 18, 2005 (the "Purchase Agreement") pursuant to which Ryland has agreed to purchase from Developer,
on the terms and conditions set forth in the Purchase Agreement, certain real property located in the City, as
more particularly described on Exhibit A attached hereto and incorporated herein; and
WHEREAS, the City and EDA have entered into a Contract for Private Redevelopment with
Developer dated October 25, 2004 pursuant to which the City and EDA have agreed to perform certain
remediation work with respect to environmental contamination located on and under the Property (the
"Agreement"); and
WHEREAS, the City and EDA have removed certain contaminated soils within the area cross
hatched on the site plan attached hereto and incorporated herein as Exhibit B (the "Contaminated Area") and
believes that it has remediated all contaminants located within the Contaminated Area in accordance with the
requirements set forth in the Agreement; and
WHEREAS, notwithstanding the City's and EDA's completion of its remediation efforts within the
Contaminated Area, Ryland desires to conduct additional environmental analysis within the Contaminated
Area and, if necessary, cause the removal from the Contaminated Area any additional soils which it believes
contain residual contamination (collectively, the "Additional Environmental Work"); and
WHEREAS, the City and EDA wish to confinn in writing that they are not responsible for any act or
event occurring or arising during the period of time Ryland, acting on its own or through a third party,
conducts the Additional Environmental Work.
NOW, THEREFORE, in consideration of the Recitals, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows:
1. Effective as of n1~. /,2006, the City and EDA allow Ryland to conduct such Additional
Environmental Work, as it deem~y or desirable.
2. At such time as Ryland has completed the Additional Environmental Work, Ryland shall
provide written notice thereof to the City (the "Ryland Completion Notice"), whereupon the City and EDA
shall complete all fill work on any existing trenches or other excavated areas within the Contaminated Area
and otherwise complete its obligations within the Contaminated Area as set forth in the Agreement.
3. Ryland acknowledges that neither the Developer nor the City or EDA shall be in any way
responsible for any damage or injury occurring to or within the Contaminated Area during the period in which
Ryland has control thereof, including without limitation any damages resulting from the instability of the walls
of the trench currently in existence within the Contaminated Area, excluding any damage or injury caused by
or arising from the act or omission of the Developer, the City, the EDA or their respective employees, agents
or contractors occurring or arising between the date of this Agreement and the date of the Ryland Completion
Notice.
4. Ryland hereby agrees to indemnify, defend and hold harmless the Developer, the City and the
EDA and their officers, employees and agents ("Indemnified Parties") from any claim, demand or action
arising from acts or omissions by Ryland occurring during Ryland's performance of the Additional
Environmental Work, except for any negligent act or omission of the Indemnified Parties.
5. This Agreement shall be binding on and shall inure to the benefit of the respective successors
and assigns of the parties hereto.
6.
Minnesota.
This Agreement shall be governed by and construed in accordance with the laws of
IN WITNESS WHEREOF, the parties hereto have caused their respective duly authorized
representatives to execute this Agreement effective as of the date and year first above written.
THE ~OUP' INC.
By: ___ ,
Its: Assistant Vice President
By'
Its:
HUSET.P....ARK..5[.E.V OPMENT
COPRP~~.. T,IO~.,
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COLUMBIA HEIGHTS ECONOMIC
DEVE~~ENTAUTHO~~.
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RYLAND HOMES
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