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6B(1)
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08-06-10 Packet
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r~ ~ / I <br />BROWNFIELDS CLEANUP <br />REVOLVING LOAN FUND GRANT AGREEMENT <br />THIS AGREEMENT (the "Agreement") is made and entered into on this day of <br />2010, by and between the City of South Bend, a municipal corporation organized <br />under the laws of Indiana as a home rule city acting by and through its Board of Public Works, <br />("City''), and the South Bend Redevelopment Commission ("Commission"), existing and <br />operating under the authority of Ind. Code § 36-7-14. <br />RECITALS <br />A. The City is the recipient of federal funds ("Grant Funds") distributed through the <br />United States Environmental Protection Agency ("EPA") Brownfield Cleanup Revolving Loan <br />Fund ("RLF") Program and is authorized to make certain grants from these funds. <br />B. Grant Funds are to be used to undertake cleanup of brownfields sites, as defined <br />in Section 101(39) of the Comprehensive Environmental Response, Compensation and Liability <br />Act (CERCLA), 42 U.S.C. § 9601(39) ("Brownfield Sites"), by making low interest loans and <br />grants to parties willing to undertake cleanup of these sites. <br />C. The City and the Commission have entered into an agreement concerning the <br />redevelopment of 1 l 00 Prairie Avenue, South Bend, Indiana 46601, an area consisting of <br />approximately l 9.2 acres of land located within the City ("Property"), more particularly <br />described in Exhibit A, attached hereto and incorporated herein. <br />D. The City has agreed to grant to the Commission certain of the Grant Funds which <br />will be used by the Commission for a portion of the remediation of the Property (the <br />"Remediation Work"). A "Remediation Work Plan" ("Work Plan") has been prepared and is <br />attached hereto and incorporated herein as Exhibit B. <br />E. An eligibility evaluation for the Property was prepared by the Commission on <br />January 1 1, 2010, which demonstrates qualification of the Property for consideration of funding <br />through the RLF Program, a copy of which is attached hereto and incorporated herein as Exhibit <br />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 asub-grant in <br />connection with an RLF grant from the City and on January 20, 2010 EPA accepted this <br />determination. <br />G. The Commission is not responsible for the contamination on the Property and the <br />due diligence activities conducted prior to the Commission's purchase of the Property satisfy <br />CERCLA's landowner liability protections and Section l Ol (35)(B)(i)(I) of CERCLA. <br />H. The City and the Commission carried out all appropriate inquiries into the <br />previous ownership and uses of the Property in accordance with generally accepted good <br />commercial and customary standards and practices. <br />
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