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04-24-14 Redevelopment Commission Meeting
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4/22/2014 9:47:53 AM
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to residential standards if such incremental cost is more than $250,000. As used herein, <br /> "Remediation" means (i) performing environmental property assessment activities (which <br /> may include taking soil borings and the installation, sampling and maintaining of <br /> groundwater monitoring wells and/or other monitoring points and related activities) on the <br /> Property to complete an assessment of the Property as required by IDEM or other <br /> governmental authorities; (ii) performing corrective action to diligently remediate such <br /> Hazardous Materials consistent with the rules, regulations and requirements of IDEM or <br /> other governmental authorities. If such remediation requires the installation, maintenance <br /> and operation of any remediation structures that will materially interfere with the interior <br /> operations of buildings on the Property, the size and location of such structures shall be <br /> approved by Union Station prior to any installation, provided that such approval shall not be <br /> unreasonably withheld and shall not prevent compliance with any requirements imposed by <br /> IDEM or other governmental authorities. <br /> (b) Subject to the obligations of the Board and Union Station set forth in <br /> Paragraph 7 (a), Union Station and the Board agree to cooperate with each other, by and <br /> through their respective agents, attorneys and consultants, to achieve the most cost-effective <br /> and efficient means of obtaining from IDEM or other governmental authority the issuance of <br /> a letter or similar document stating that no further Remediation of the Property is required (a <br /> "NFA Letter"). Such NFA Letter shall contain the usual terms and conditions and be subject <br /> to the provisions of Paragraph 8. <br /> Consistent with this Paragraph 7 (b), Union Station and the Board agree that <br /> provided the provisions of Paragraph 8 of this Agreement are met, Union Station agrees that <br /> it will accept the most cost-effective and timely form of NFA Letter, including without <br /> limitation, a Comfort Letter, Site Status Letter or No Further Action letter issued by the <br /> Indiana Finance Authority's Brownfields Program, a No Further Action Letter issued by the <br /> IDEM State Cleanup Program, or a Covenant Not to Sue issued pursuant to the IDEM <br /> Voluntary Remediation Program, or similar programs offering similar benefits and <br /> protection. Upon receipt of the appropriate NFA Letter, the Board's obligation to perform <br /> additional Remediation, unless otherwise required under the NFA Letter shall terminate. <br /> Union Station shall be responsible for complying with any continuing obligations imposed in <br /> such NFA Letter for such period of time as is consistent with such NFA Letter, including <br /> exposure controls, if any as required by Paragraph 8. Upon termination of the Remediation, <br /> the Board shall decommission any remaining monitoring points and other corrective action <br /> equipment and restore the surface of the Property affected by the decommissioning to <br /> substantially the same condition which existed prior to such decommissioning in accordance <br /> with the rules and regulations of IDEM or other applicable government authority. <br /> (c) Notwithstanding anything to the contrary herein, if the Property is not <br /> remediated to residential standards as provided for elsewhere herein, nothing herein shall <br /> prevent Union Station from agreeing with IDEM to having IDEM impose additional <br /> restrictions on the Property or requiring further remediation efforts at the Property, at Union <br /> Station's sole expense, to permit the use of residential uses, and the Board hereby agrees to <br /> 3 <br />
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