9408-03 Authorizing the issuance of Bonds to evidence a loan from the Indiana Department of Environmental Management Brown-Fields Cleanup Revolving Loan Fund

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Project Activities are generally described in the Borrower's Loan Application to the IDFA and in the Project Description found in Attachment A hereto of this Loan Agreement, and are specifically described in the Remediation Plans. The foregoing documents may be amended, supplemented, or replaced from time to time as approved by the IDFA and the IDEM. B. The Borrower shall provide or shall cause to be provided to IDFA properly documented records of all expenses incurred in connection with the Project Activities during the course of the reimbursement request process. Borrower shall document all the uses of the proceeds of the Loan, and maintain adequate books and accounts in accordance with generally accepted accounting principles consistently applied. Borrower shall permit any representative of IDFA at any reasonable time to inspect, audit and examine such books. Borrower shall maintain documentation on the use of the proceeds of the Loan for ten years after completion of Project Activities supported by the Loan. C. After execution of this Loan Agreement and upon completion of all Project Activities, the Borrower shall submit or shall cause to be submitted a Final Landfill Closure Report (the "Report") to the IDFA and IDEM Brownfields Section that is acceptable to both IDFA and IDEM. The report is due by March 31, 2005 or at the conclusion of the Project Activities, whichever is earlier. The Report must include (1) a narrative summary, including graphical and photographic illustrations where appropriate, demonstrating the successful completion of all Project Activities in accordance with the Remediation Plans; (2) documentation of proper compliance with all applicable laws and regulations governing the Project Activities completed at the Brownfields Project site; and (3) documentation of expenses incurred during the completion of the Project Activities in connection with the Brownfields Project. D. During the execution of the Remediation Plans, the Borrower will provide a site access agreement that gives any designated representative of IDFA or IDEM, including but not limited to the IDEM Site Manager, access to enter and inspect the Brownfields Project site at all times during normal working hours and at other times upon prior arrangement. The IDFA or IDEM will also have access to enter and inspect the Brownfields Project site 30 (thirty) days following completion of all Project Activities at the site. The Borrower also will obtain or provide permission for any such state representative to have access to, and permit such representative to examine, copy without charge, or take notes from any and all books, records, and other documents in the possession or control of the property owner relating to the Brownfields Project at all times. The State does not have any obligation to make such inspections. E. At the request of the IDEM Site Manager, the Borrower must stop Project Activities if said activities are not substantially in accordance with the Remediation Plans. The Borrower acknowledges that the IDEM Site Manager has the authority to stop work immediately in the event of an imminent and substantial threat to human health and the associated environment. F. The Borrower must comply with all licensing or permitting requirements for this Brownfields Project, and shall carry out all Project Activities as may be required by all applicable provisions of any federal, state, local or other governing or regulatory body laws, guidelines, and procedures. Borrower acknowledges that Loan proceeds shall be -6-