THIS SETTLEMENT IS A CERCLA PROSPECTIVE PURCHASER AGREEMENT BETWEEN EPA AND THE CITY OF DES MOINES, IOWA. THE CITY ANTICIPATES ACQUIRING PROPERTY ON WHICH SUPERFUND REMEDIAL ACTIONS HAVE BEEN CONDUCTED. THE CITY WILL USE THE PROPERTY TO CONSTRUCT A PORTION OF AN URBAN FREEWAY SYSTEM, WHICH IS A COMPONENT OF A REDEVELOPMENT PROJECT FOR AN AREA JUST SOUTH OF DOWNTOWN DES MOINES. THE CITY HAS RECEIVED EPA BRFOWNFIELDS GRANT MONIES RELATED TO THIS REDEVELOPMENT PROJECT. IN EXCHANGE FOR COVENANT NOT TO SUE BY EPA, THE CITY AGREED TO DESIGN AND CONSTRUCT THE FREEWAY IN A MANNER THAT MINIMIZES IMPACTS ON THE REMEDIATION SYSTEMS AND TO RESTORE ANY FEATURES OF THE REMEDIATION SYSTEMS IMPACTED BY THE CONSTRUCTION