Site Access Agreement - Drewry’s Brewery Removal Storage Tanks – IN Brownfields Prog. IDEM

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SITE ACCESS AGREEMENT PERMISSION TO ENTER PROPERTY INDIANA BROWNFIELDS PROGRAM PETROLEUM ORPHAN SITES INITIATIVE This Site Access Agreement (“Agreement”) is made by and between Civil City of South Bend (“Owner”), the Indiana Brownfields Program (“Program”), and (“Consultant”) regarding the Owner’s property located at 1408 Elwood Avenue, South Bend, St. Joseph County, Indiana (“Site”), Site Identification Number 4000022. The Program requests permission for the Consultant to enter the Site for the exclusive purposes of conducting environmental investigation and/or remediation activities associated with petroleum and/or hazardous substances contamination. 1.Owner hereby gives permission to the Consultant or other authorized environmental contractors, Indiana Department of Environmental Management (“IDEM”) employees, Indiana Finance Authority (“IFA”) employees, or other designees authorized by the Program and/or the Consultant (collectively, “Authorized Parties”) to enter upon the Site to perform investigation and/or remediation activities at the Site. This permission is effective immediately upon the execution of this Agreement by Owner and the Consultant and acceptance of the Agreement by the Program. 2.The permission granted by Owner under this Agreement is contemplated to be used for the following activities that may be performed by Authorized Parties: a.Having access to areas where contamination may exist, including areas where underground storage tanks (“USTs”), aboveground storage tanks (“ASTs”) or petroleum and/or hazardous substances releases are, or are suspected to be, located; b.Investigation and/or remediation of soil and groundwater, including, but not limited to, the installation of soil borings, test pits and/or groundwater monitoring wells, the use of geophysical equipment, the use of drilling equipment for collection of soil and sediment samples, the logging, gauging and sampling of existing wells, video taping, preparation of site sketches, taking photographs, any testing or sampling of groundwater, soil, surface water, sediments, air, soil vapor or other material deemed appropriate by the Program and the like. c.Removal, treatment and/or disposal of contaminated soil, water and solid and/or hazardous waste, which may include the installation of contaminant recovery wells or other treatment systems. d.Excavation and disposal of USTs, associated piping and system components, including tank contents. e.On-Site observation and oversight of environmental investigation and/or remediation activities. f.Disclosure of environmental information as required by law. 3.Upon completion of the investigation and/or remediation, Authorized Parties will restore the property as near as practicable to its condition immediately prior to the commencement of such activities, but not including paving or concrete replacement at ground surface. 4.In the event there is residual contamination after completion of investigation and/or remediation activities, one or more land use restrictions (e.g., prohibiting ground water use) may be necessary to ensure safe use of the Site. If necessary, the existing environmental restrictive covenant (ERC) recorded on the deed for the Site will be amended by Owner to add any additional land use restrictions if such restrictions are required by the Program to achieve closure under the IDEM Risk-based Closure Guide (July 8, 2022 and applicable revisions). The Owner is responsible for the costs of recording a modified ERC, if necessary. 5.The granting of this permission by the Owner is not intended, nor should it be construed, as an admission of liability on the part of the Owner or the Owner’s successors and assigns for any contamination discovered on the Site. The City of South Bend