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2. Minutes
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2. Minutes
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South Bend Redevelopment Commission <br />Regular Meeting — Thursday, July 25, 2013 <br />6. NEW BUSINESS <br />B. Airport Economic Development Area <br />(1) continued... <br />electrical equipment, metals and arsenic in on -site soils and chlorinated solvents and <br />petroleum in on -site groundwater. <br />The Commission sought to recover a portion of the environmental costs from third - <br />parties associated with former activities at the sites, hiring the environmental specialist law <br />firm of Plews Shadley Racher & Braun LLP to represent it. Challenges included the fact <br />that some potentially responsible parties and their insurers no longer existed or were <br />insolvent. Nor were all environmental testing, remediation and disposal costs even <br />potentially recoverable. The ten -year effort took the Commission's attorneys to federal and <br />bankruptcy courts in several states and through Indiana's court system up to the Indiana <br />Supreme Court twice. Key victories included proving that an existing company was the <br />successor to Studebaker's automotive manufacturing liabilities and defeating statute of <br />limitations claims. The effort required at least half a dozen mediations and settlement <br />meetings resulting in 10 settlements. The amounts are confidential at the demand of the <br />litigants paying them, but they yielded the Commission a total of approximately $5.6 million <br />to offset environmental remediation costs. The Commission thanks the Studebaker National <br />Museum and its staff, who helped the Commission's attorneys, found essential historical <br />documents, as well as the dozen or so retired Studebaker and Oliver employees who also <br />provided much helpful information. <br />The total costs of the entire Studebaker /Oliver Plow Works project to date are <br />approximately $26.8 million. The major costs include approximately $16.2 million in <br />demolition, $3.6 million in land purchase and business relocation, $2.3 million in capital <br />improvements, $2.8 million in engineering and $1.9 million in related professional services. <br />$6.0 million of these costs have been paid for by state and federal grants. Environmental <br />costs of $6.7 million are included in the numbers mentioned above, in the demolition, <br />engineering and professional services categories. <br />While most of the work is complete, both the Studebaker and Oliver areas are still in the <br />Voluntary Remediation Program of the Indiana Department of Environmental Management. <br />Additional groundwater testing and possible remediation will continue until the VRP <br />program has been completed. <br />Ms. Schey asked if there are copies of this summary available. Ms. Kolata responded that <br />she has copies and will distribute them following her presentation. <br />Ms. Schey asked if the Airport Economic Development Area will receive the $5.6 million <br />from this settlement. Ms. Kolata responded that it will not. Some of the money was <br />originally being deposited in a Redevelopment grant fund, but now the bulk of the money is <br />in the loss recovery fund, on a separate line. Over the years, the City of South Bend has <br />
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