Professional Services Agreement - Indiana Finance Authority Indiana Brownsfield Program

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1. The property meets the definition of a brownfield.z 2. The SEP Recipient (or entity executing the Agreement on behalf of the SEP Recipient) meets the definition of political subdivision (as defined by IC 13-11-2-164(c)). 3. The site is not subject to an open or pending state or federal enforcement action. 4. The site is not under Resource Conservation and Recovery Act Corrective Action. 5. The site does not present an imminent threat to human health or the environment. 6. If the SEP Recipient intends to use SEP Funds to perform asbestos abatement activities, it has submitted its "IDEM Notification of Demolition and Renovation Operations" (State Form 44593 (R2/8-99) to IDEM's Office of Air Quality ("OAQ") for review and has received acknowledgment (notice confirming its receipt) from IDEM OAQ. The "IDEM Notification of Demolition and Renovation Operations" requires a start date be included on the form; this date should be no earlier than three (3) months from the date of notification regarding the availability of SEP Funds in order to allow for the Agreement administrative process to run its course should SEP Funds be awarded. 7. The current owner of the brownfield, if not the SEP Recipient, has provided written consent to the SEP Recipient for site access to perform the activities on which SEP Funds will be spent. Access to the brownfield must be given to the State, any consultant(s), the SEP Recipient, and any of their respective representatives or agents for the duration of the Agreement performance period (two (2) years from the execution date of the Agreement). Note: For purposes of threshold eligibility review, the Program, if necessary, may seek clarification of SEP Recipient information and/or consider information from other sources, including IDEM, the Authority, or United States Environmental Protection Agency files. In addition, a determination of eligibility to receive SEP Funds from the Authority under these guidelines does not release any parry from obligations under any federal or state law or regulation, or under common law, and does not impact or limit state or EPA enforcement authorities against any party. Sti t latit)rls 1. Investment (match requirement): SEP Recipients intending to spend SEP Funds on a privately -owned brownfield site will be required to demonstrate a certain level of investment within a two-year period following the execution of an Agreement. The required investment will be determined based upon an SEP Recipient's population and Median Household Income (MHI) from the 2000 census data. Please refer to the following chart to determine a SEP Recipient's required investment: 2 A threshold issue evaluated by the Program is whether the property on which SEP Funds are sought to be spent meets the definition of a brownfield, which is a parcel of real estate that is abandoned or inactive; or may not be operated at its appropriate use; and on which expansion or redevelopment is complicated because of the presence or potential presence of a hazardous substance, a contaminant, petroleum, or a petroleum product that poses a risk to human health and the environment. IC 13-11-2-19.3. Supplemental Environmental Project Guidelines Indiana Finance Authority November 10, 2008