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South Bend Redevelopment Commission <br />Regular Meeting November 19, 2004 <br />6. NEW BUSINESS (CONT.) <br />D. Sample -Ewing Development Area <br />(1) Commission approval requested for <br />Addendum to Environmental Indemnity <br />Agreement for property located at 700 S. <br />Franklin Street. (Design Packaging) <br />Mr. Laurent noted that the Commission <br />entered into an Environmental Indemnity <br />Agreement with Design Packaging, Inc. on <br />September 20, 1995. The Commission sold <br />the vacant former Transwestern site to <br />Design Packaging on September 5, 1995, and <br />warranted that a) the property had been <br />operated by the Commission in compliance <br />with environmental law, and that operations <br />had not caused or resulted in any release of <br />hazardous substances; b) the property was <br />not subject to any judicial or administrative <br />proceedings or order from a governmental <br />authority; c) any investigation was being <br />conducted by a governmental authority with <br />regard to release of hazardous substances; d) <br />the Commission had engaged environmental <br />consultants to conduct environmental <br />investigations at the property and had <br />provided all reports generated by the <br />consultants to the buyer and that, but for the <br />information contained in the environmental <br />reports, the Commission has no knowledge <br />of any hazardous substances at, under, or <br />upon the property or any hazardous <br />substances released from the property onto <br />any other property or into the waters of the <br />State or any well; e) no environmental liens <br />were attached to the property and; f) there are <br />no underground storage tanks on the <br />property. Those representations and <br />warranties were in effect for five (5) years <br />after the effective date of the agreement. <br />10 <br />