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an agreement with a qualified environmental contractor to conduct a tier based risk assessment and investigation of the Retained Parcel to determine the extent and cost • of remediation required to meet the VRP guidelines and the following conditions: a. Diesel contaminated soils on the Retained Parcel shall be remediated to a standard acceptable to the Virginia Department of Environmental Quality ("DEQ") under the VRP for use adjacent to residential development. At a minimum, the contaminated soils must be capped with not less than 2 feet of clean fill or topsoil. b. The slope condition on the Retained Parcel shall be regraded at not less than 2:1 and stabilized in accordance with current guidelines as established by the Virginia Erosion and Sediment Control Handbook. In addition, contaminated soils in the slope area must be capped with not less than 2 feet of clean fill. All disturbed areas must be stabilized with low maintenance ground cover to prevent erosion. C. Contaminated soils that are removed from the Retained Parcel during the remediation process must be disposed of in accordance with DEQ regulations. d. If mutually agreed by the parties, the assessment shall also establish the extent of work required to remediate (in a manner acceptable to Buyer and Buyer's lender) the diesel contaminated soils on the • Property as identified in the Phase II Environmental Site Assessment dated February 8, 2001, prepared by Apex Environmental, Inc The cost of such assessment shall be billed directly to, and paid by, the City. 7.6.2. Upon receipt of the tier based risk assessment, Buyer shall seek two or more fixed price bids (a) to remediate conditions on the Retained Parcel under guidelines identified in the tier based risk assessment and (b) to remediate (in a manner acceptable to Buyer and Buyer's lender) the diesel contaminated soils on the Property as identified in the Phase II Environmental Site Assessment dated February 8, 2001, prepared by Apex Environmental, Inc. Any bids received in response to such request for proposals shall be approved by both Buyer and the City Manager before being accepted. If the total cost of the approved bid (when combined with the cost of the tiered risk assessment described in Section 7.6.1) exceeds $185,000, Buyer may elect to accept such bid; Seller shall be responsible for payment of $185,000 of such cost (such $185,000 to include all amounts paid for the tiered risk assessment described in Section 7.6.1), and Buyer shall be responsible for the excess cost. Alternatively, Buyer may (with the approval of the City Manager) elect to accept a reduction in the scope of the remediation in order to keep the total cost at $185,000 or less. If Buyer does not elect to accept such bid or such reduced scope Page 2 of 4 •