6D(8) Brownfields Grant Agreement - former Studebaker Stamping Plant

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H. The City and the Commission carried out all appropriate inquiries into the previous ownership and uses of the Property in accordance with generally accepted good commercial and customary standards and practices. I. On June 3, 2010, the EPA notified the City that they agreed with the City's Hazardous Waste Site Eligibility Determination and that the Property is a Brownfield Site and the Commission is not a Potentially Responsible Party ( "PRP "), as that term is used in, and in connection with, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq. J. The Property was formerly a manufacturing site and is considered a Brownfield site, under applicable State law, until such time as the Remediation Work is complete. K. The Property is not listed, or proposed for listing on the National Priorities List of the EPA. L. The Commission is not a generator or transporter of any waste or hazardous waste located at the Property. M. The Commission is not and has never been subject to any penalties resulting from environmental non - compliance at or on the Property nor is the Commission, or, to the best of its knowledge, its project contractors or subcontractors currently suspended, debarred, or otherwise' declared ineligible for participation in this federal program or from the receipt of these funds. N. A claim has not been asserted against the Commission for liability under Section 107 of CERCLA, 42 U.S.C. Section 9607. O. The Commission is not a Potentially Responsible Party under Section 107 of CERCLA, 42 USC Section 9607, because the Commission has documented the BFPP defense to CERCLA liability through materials submitted to EPA. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, it is mutually agreed by and between the parties as follows: 1. Incorporation of Recitals. The parties hereby expressly incorporate each of the foregoing recitals (Recitals A through O) as if fully set forth in this section. 2. Grant Funds. 2.1. The City agrees to grant to the Commission a sum to be used by the Commission for the Remediation Work and eligible consultant fees associated with the Remediation Work (the "Project Grant Funds "), not to exceed the remaining amount of funds granted to the City from the EPA on January 19, 2010, pursuant to Cooperative Agreement No. 2B — OOE97101 -1 (the "EPA Funds "). The Project Grant Funds shall be distributed and used in accordance with the terms and conditions in this Agreement. Once all of the EPA Funds have been allocated, the Commission shall be solely responsible for any additional costs related to the Remediation Work. 2