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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 />under the buildings. So when the last large building was demolished, the Foundry, a lot of <br />environmental testing has been done to prove that that was the issue. Staff is still working <br />with the State on ground water. The ground water issues we have don't affect the drinking <br />water; drinking water is monitored every few seconds. There are definitely chemicals in the <br />ground water and one of the things that are being determined is if there are any more source <br />areas. Staff does not have a sense of what the final cost will be for this testing, until we do <br />this, the money shouldn't be spent for anything until the testing is complete. <br />Ms. Jones asked if the HUD funds will be repaid during the life expectancy of the CREED <br />program. Ms. Kolata responded that the loan was set up expecting that we would use <br />CREED first, then the AEDA TIF. <br />Mr. Inks responded that the loan was for 10 years, intending that the CREED would repay it <br />all. With the economy declining in 2007, we took a hit with CREED, so the AEDA TIF is <br />picking up a little bit of the payment. Ms. Kolata responded that the loan should be nearly <br />repaid by the time CREED expires, but she's not sure the payments will be completely <br />covered by CREED. <br />Mr. Inks asked if it was correct that the city was able to pursue the insurance policies <br />because there were standard clauses at that time and those clauses are no longer typically <br />standard in insurance policies. Ms. Kolata noted that the opposite was true: there weren't <br />standard clauses before 1987. It's called environmental exclusion. Liability was being <br />covered except for environmental. This was not a simple project. This could not have been <br />accomplished without the legal team of Plews Shadley Racher & Braun LLP as well as the <br />environmental consultants, Hull and Associates, who provided all of the data, and Andy <br />Beckman of Studebaker Museum. <br />Though the awards do not fully cover the city's costs for remediation, Ms. Kolata is <br />confident we could not have gotten any more from any of the insurance companies involved. <br />Ms. Schey asked whether the documents will eventually be revealed showing who has paid <br />how much. Ms. Kolata responded that the documents will remain confidential. What can be <br />seen are appropriations, the total amount that was paid. If we were unwilling to guarantee <br />confidentiality, we could not have gotten the money. <br />C. West Washington- Chapin Development Area <br />There was no business in the West Washington- Chapin Development Area. <br />7 <br />