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~~ r, C <br />BROWNFIELDS CLEANUP <br />REVOLVING LOAN FUND LOAN AGREEMENT <br />THIS AGREEMENT (the "Agreement") is made and entered into on this <br />day of , 2010, by and between the City of South Bend, a municipal <br />corporation organized under the laws of Indiana as a home rule city acting by and <br />through its Board of Public Works, ("City"), and the South Bend Redevelopment <br />Commission ("Commission"), existing and operating under the authority of Ind. Code § <br />36-7-14. <br />RECITALS <br />A. The City is the recipient of federal funds ("Grant Funds") distributed <br />through the United States Environmental Protection Agency ("EPA") Brownfield <br />Cleanup Revolving Loan Fund ("RLF") Program and is authorized to make certain loans <br />from these funds. <br />B. Grant Funds are to be used to undertake cleanup of brownfields sites, as <br />defined in Section 101(39) of the Comprehensive Environmental Response, <br />Compensation and Liability Act (CERCLA), 42 U.S.C. § 9601(39) ("Brownfield Sites"), <br />by making low interest loans and grants to parties willing to undertake cleanup of these <br />sites. <br />C. The City and the Commission have entered into an agreement concerning <br />the redevelopment of 1100 Prairie Avenue; South Bend, Indiana 46601, an area <br />consisting of approximately 19.2 acres of land located within the City ("Property"), more <br />particularly described in Exhibit A attached hereto and incorporated herein. <br />D. The City has agreed to loan to the Commission certain of the Grant Funds <br />which will be used by the Commission for a portion of the remediation of the Property <br />(the "Remediation Work"). A "Remediation Work Plan" ("Work Plan") has been <br />prepared and is attached hereto and incorporated herein as Exhibit B. <br />E. An "Eligibility Evaluation for a Cleanup Application for the Property <br />Located at 1100 Prairie Avenue" vas prepared by the Commission on January 11, 2010, <br />which demonstrates qualification of the Property for consideration of funding through the <br />RLF Program, a copy of which is attached hereto and incorporated Herein as Exhibit C. <br />F. On January 19, 2010 the City forwarded to EPA its determination that the <br />Commission is a separate legal entity distinct from the City and is eligible for a loan from <br />the City in connection with the Grant Funds and on January 20, 2010 EPA accepted this <br />determination. <br />G. The Commission is not responsible for the contamination on the Property <br />and the due diligence activities conducted prior to the Commission's purchase of the <br />Property satisfy CERCLA's landowner liability protections and Section 101(35)(B)(i)(I) <br />of CERCLA. <br />