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I. On January 20, 2010, the EPA notified the City that they agreed with the City's <br />Hazardous Waste Site Eligibility Determination and that the Property is a Brownfield Site and <br />the Commission is not a Potentially Responsible Party ("PRP"), as that term is used in, and in <br />connection with, the Comprehensive Environmental Response, Compensation and Liability Act <br />(CERCLA), 42 U.S.C. § 9601 et seq. <br />J. The Property was formerly a manufacturing site and is considered a Brownfield <br />site, under applicable State law, until such time as the Remediation Work is complete. <br />K. The Property is not listed, or proposed for listing on the National Priorities List of <br />the EPA. <br />L. The Commission is not a generator or transporter of any waste or hazardous waste <br />located at the Property. <br />M. The Commission is not and has never been subject to any penalties resulting from <br />environmental non-compliance at or on the Property nor is the Commission, or, to the best of its <br />knowledge, its project contractors or subcontractors currently suspended, debarred, or otherwise <br />declared ineligible for participation in this federal program or from the receipt of these funds. <br />N. A claim has not been asserted against the Commission for liability under Section <br />107 of CERCLA, 42 U.S.C. Section 9607. <br />O. The Commission is not a Potentially Responsible Party under Section 107 of <br />CERCLA, 42 USC Section 9607, because the Commission has documented the BFPP defense to <br />CERCLA liability through materials submitted to EPA on January 15 and January 25, 2010. <br />NOW, THEREFORE, in consideration of the mutual covenants and promises contained <br />herein, it is mutually agreed by and between the parties as follows: <br />1. Incorporation of Recitals. The parties hereby expressly incorporate each of the <br />foregoing recitals (Recitals A through O) as if fully set forth in this section. <br />Grant Funds. <br />2.1. The City agrees to grant to the Commission the sum of $160,000.00 to be used <br />by the Commission for the Remediation Work (the `'Project Grant Funds'') subject to the terms <br />and conditions herein. <br />2.2. The Project Grant Funds shall be payable to the Commission as reimbursement <br />for allov~~able expenses incurred by the Commission based upon the progress of the Remediation <br />Work and in accordance with the approved cleanup project budget (the "Budget''), which is <br />attached hereto and incorporated herein as Exhibit D. No reimbursement shall be made to the <br />Commission without the ~~ritten approval of the City. The City shall not advance nor be <br />obligated to advance any Project Grant Funds to the Commission prior to the receipt of properly <br />executed lien waivers. <br />2 <br />