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6D(6) Brownfields Grant Agreement - former RR property south of Studebaker Stamping
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6D(6) Brownfields Grant Agreement - former RR property south of Studebaker Stamping
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11/2/2012 10:08:25 AM
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7/21/2010 9:13:41 AM
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7.9. If the Commission sells or transfers the Property prior to completion of the <br />Remediation Work, then the Commission shall immediately repay the entire amount of Project <br />Grant Funds advanced to the Commission to the City. <br />7.10. The Commission shall: <br />7.10.1. Notify the City when the Remediation Work is complete. The notice <br />shall contain certification or documentation that the Remediation Work is complete and <br />has been performed in accordance with the terms of this Agreement. This notice shall <br />summarize the actions taken, the resources committed and the problems encountered in <br />completion of the Remediation Work, if any, and shall be submitted to the City for <br />review and approval before it is finalized. <br />7.10.2. Perform all of its obligations and agreements under this Agreement, the <br />Cooperative Agreement and any other agreements or instruments to which the <br />Commission is a party and which relate to the Project Grant Funds and the Remediation <br />Work. <br />7.10.3. Promptly give notice in writing to the City of any litigation pending or <br />threatened against the Commission or the Property arising from the performance of the <br />Remediation Work. <br />8. Inspection and Right to Stop Work. The City shall have the right, but not the <br />obligation, to enter the Property and inspect the Remediation Work at all times during the <br />execution for the Work in accordance with the Plan, and within 30 days following completion of <br />the Work. <br />8.1. The City shall select a "Site Manager" to review, oversee and inspect the work in <br />coordination with the Project Manager. <br />8.2. The City may stop the Remediation Work if it is not satisfactory or not <br />substantially in accordance with the Work Plan and order Remediation Work replacement at the <br />Commission's expense. <br />8.3. The City is not obligated to make any disbursements unless and /or until all <br />Remediation Work is satisfactorily completed and in accordance with the Work Plan as <br />reasonably determined by the City and Site Manager. <br />8.4. The City shall have the right, but not the obligation, to take any reasonable and <br />appropriate action under the circumstances to cure any violation for the provisions of this <br />Agreement upon written notice of at least 30 days to the Commission and an opportunity to cure. <br />The notice shall include a clear description of the proposed cure and the approximate cost of the <br />same. <br />8.5. The Commission recognizes that the Site Manager has the ability to stop the <br />Remediation Work immediately in the event of an imminent and substantial threat to human <br />health associated with it. <br />
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