My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
6C (1)
sbend
>
Public
>
Redevelopment Commission
>
Agendas & Packets
>
2011
>
09-27-11 Packet
>
6C (1)
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
11/1/2012 1:47:36 PM
Creation date
9/23/2011 11:46:18 AM
Metadata
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
5
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
ENVIRONMENTAL AGREEMENT REGARDING REAL ESTATE <br />THIS ENVIRONMENTAL AGREEMENT REGARDING REAL ESTATE (the <br />"Agreement ") is made and entered into by and between South Bend Redevelopment Commission <br />(the "Commission ") and DATA REALTY NORTHERN INDIANA, LLC a limited liability <br />company existing under the laws of the State of Indiana ( "DRNI "). <br />WHEREAS, the Commission and DRNI are parties to a certain Contract for Purchase and <br />Sale (the "Purchase Agreement") for the sale by the Commission and purchase by DRNI of <br />certain property located in the Ignition Park Planned Unit Development ( "IPPUD ") referenced in <br />paragraph 1 of Purchase Agreement and described completely in Exhibit A to the Purchase <br />Agreement, containing five (5) acres more or less (the "Property "); and <br />WHEREAS, DRNI intends to construct a data warehousing facility (the "Facility ") on the <br />Property; and <br />WHEREAS, the Purchase Agreement, at paragraph 6(a), provides, among other things, <br />that DRNI will purchase the property "AS IS WHERE IS" and without any representations or <br />warranties as to the condition of the Property, and that neither party is indemnifying the other <br />regarding condition of the Property, but that DRNI may, after inspection of the Property and <br />before Closing, terminate the Purchase Agreement in its sole and subjective discretion; and <br />WHEREAS, after the Purchase Agreement was executed, the Commission produced <br />environmental site assessments for the Property indicating certain environmental remediation has <br />been initiated at the Property but that contamination remains in the groundwater at and/or under <br />the Property in certain instances in excess of the Indiana Department of Environmental <br />Management's ( "IDEM ") industrial clean-up criteria and "vapor intrusion" screening levels; and <br />WHEREAS, DRNI will be taking steps to qualify as a Bona Fide Prospective Purchaser <br />(`BFPP ") under CERCLA and analogous Indiana laws and intends to apply for a "comfort letter" <br />from the Indiana Finance Authority's Brownfields Program (the ` Brownfields Program ") that <br />details DRNI's liability protection for pre- existing contamination at the Property and the <br />"continuing obligations" DRNI must satisfy to maintain its BFPP liability protections under <br />CERCLA and analogous Indiana Laws (the "Comfort Letter "); and <br />NOW, THEREFORE, for and in good consideration of the sum of Ten Dollars ($10.00) <br />and other good and valuable consideration, the receipt and legal sufficiency of which is hereby <br />acknowledged, the parties hereto agree as follows: <br />1. Existing; Environmental Conditions. DRNI acknowledges that there are certain <br />environmental defects on, at, or under the Property, including without limitation, groundwater <br />contamination, which is in excess of the Indiana Department of Environmental Management's <br />( "IDEM ") clean-up criteria or screening levels ( "Existing Environmental Conditions "), as <br />described in the July 27, 2011 letter from Doug Stuart, Hull & Associates, to Ann Kolata, South <br />Bend Department of Community and Economic Development, a copy of which is attached <br />hereto, together with all attachments and enclosures referenced in that letter, copies of which <br />have been provided to and reviewed by DRNI. <br />
The URL can be used to link to this page
Your browser does not support the video tag.