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(I c (�) ENVIRONMENTAL AGREEMENT REGARDING IVY TOWER BUILDING THIS ENVIRONMENTAL AGREEMENT REGARDING IVY TOWER BUILDING (the "Agreement ") is made and entered into by and between the City of South Bend, Indiana Board of Public Works and the South Bend Redevelopment Commission (collectively the "Board ") and Union Station Properties, LP, a limited partnership, existing under the laws of the State of Indiana ("Union Station ") (the Board and Union Station are collectively the "Parties "). WHEREAS, Union Station is a party to a certain Contract for Purchase and Sale (the "Purchase Agreement ") for the purchase by Union Station of certain property located at 600 United Drive and 635 South Lafayette Boulevard, in South Bend, Indiana, consisting of 3 land parcels, 2 of which have been developed with larger industrial facilities, and the third parcel encompassing a thin tract of land located between the existing buildings and the adjacent Penn Central Railroad property (collectively "Ivy Tower Building" or "Property "); and WHEREAS, Union Station intends to adaptably reuse the Ivy Tower Building as part of the Union Station Technology Center; and WHEREAS, after the Purchase Agreement was executed, the Board produced an environmental site assessment for the Property indicating certain contamination is possible at and /or under the Property in certain instances in excess of the Indiana Department of Environmental Management's ( "IDEM ") commercial/industrial clean-up criteria or screening levels; and WHEREAS, Union Station will be taking steps to qualify as a Bona Fide Prospective Purchaser ( "BFPP ") under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( "CERCLA ") and analogous Indiana laws, and intends to apply for a comfort letter from the Indiana Finance Authority's Brownfields Program (the "Brownftelds Program ") that details Union Station's liability protection for pre- existing contamination at the Property and the continuing obligations Union Station must satisfy to maintain its BFPP liability protections under CERCLA and analogous Indiana Laws (the "Comfort Letter'); NOW, THEREFORE, for and in good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Existina Environmental Conditions. Union Station acknowledges that there are certain Hazardous Materials (as defined herein) on, at, or under the Property which are in excess of IDEM's clean -up criteria or screening levels, as described in the Phase Il Environmental Site Assessment dated March 23, 2012, Lead Based Paint Survey dated March 21, 2012, and Asbestos Inspection Report dated March 21, 2012, all prepared by Wightman Petrie, Inc. (collectively the "WP Reports "), copies of which, together with all attachments and enclosures referenced in the WP Reports, are found on a disk attached hereto. Union Station has previously received and reviewed the WP Reports. Union Station acknowledges that there may be PCB contamination on certain parts of the Property as described in the WP Reports. (Collectively, the "Existing Environmental Conditions. ")