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Environmental Restrictive Covenant - Drewry’s Brewery at 1408 Elwood – City of SB BWP
Environmental Restrictive Covenant THIS ENVIRONMENTAL RESTRICTIVE COVENANT is made this 8th. day of August , 202 3 , by the Civil City of South Bend ("Owner"). WHEREAS: Owner is the fee owner of certain real estate in the County of St. Joseph, Indiana, which is located at 1408 Elwood Avenue in South Bend, and more particularly described in the attached Exhibit "A" ("Real Estate"), which is hereby incorporated and made a part hereof. The Real Estate was acquired by deed on May 26, 2022, and recorded on June 28, 2022, as Deed Record 2022-19007, in the Office of the Recorder of St. Joseph County, Indiana. The Real Estate consists of approximately 14.028-acres and is identified by the State by parcel identification #71-08-02-101-006.000-026. The Real Estate to which this Covenant applies is depicted on a map attached hereto as Exhibit "B". WHEREAS: A Comfort Letter, a copy of which is attached hereto as Exhibit "C", was prepared and issued by the Indiana Department of Environmental Management ("the Department" or "IDEM") pursuant to the Indiana Brownfields Program's ("Program") recommendation at the request of the Owner to address the redevelopment potential of the Real Estate which is a brownfield site resulting from a release of hazardous substances and petroleum contamination relating to historical operations on the Real Estate, Program site number BFD #4000022 (the "Site"). WHEREAS: The Comfort Letter, as approved by the Department, provides that certain contaminants of concern ("COCs") were detected in soil and groundwater on the Real Estate but will not pose an unacceptable risk to human health at the detected concentrations provided that the land use restrictions contained herein are implemented and maintained to ensure the protection of public health, safety, or welfare, and the environment. The detected COCs in soil and groundwater are listed in Exhibit D, which is attached hereto and incorporated herein. WHEREAS: Soil and groundwater on the Real Estate were sampled for volatile organic compounds ("VOCs"), polycyclic aromatic hydrocarbons ("PAHs"), Resource Conservation and Recovery Act ("RCRA") 8 metals, and/or polychlorinated biphenyls ("PCBs"). Investigations detected levels of various constituents above applicable published levels established by IDEM in the Risk -based Closure Guide ("R2") (July 8, 2022). Several PAHs, arsenic, lead, and naphthalene were detected in soil above their respective residential soil published levels ("RSPLs"), commercial soil published levels ("CSPLs"), and/or excavation worker soil published levels ("XSPLs"). Various PAHs, naphthalene, 1-methylnaphthalene, 2-methylnaphthalene, PCB-1260, and trichloroethylene ("TCE") were detected in groundwater above their respective groundwater published levels ("GWPLs"). Soil and groundwater analytical results above applicable R2 published levels are summarized on Tables 1 & 2, attached hereto as Exhibit "D". A site map, attached hereto as "Exhibit E", depicts sample locations on the Real Estate at which the COCs were detected in soil and groundwater above applicable R2 published levels. WHEREAS: The Department has not approved closure of environmental conditions on the Real Estate under the Risk -based Closure Guide. However, the Department has determined that the land use restrictions contained in this Covenant will enable the Real Estate to be used safely for conditional residential and/or commercial use. WHEREAS: Environmental reports and other documents related to the Real Estate are hereby incorporated by reference and may be examined at the Public File Room of the Department, which is located in the Indiana Government Center North at 100 N. Senate Avenue, 12t" Floor East, Indianapolis, Indiana. The documents may also be viewed electronically by searching the Department's Virtual File Cabinet on the Web at: ittr)s://www.in.cov/idem/I I/public-records/virtual-file-cab inet/. NOW THEREFORE, The Civil City of South Bend subjects the Real Estate to the following restrictions and provisions, which shall be binding on the Civil City of South Bend and all future owners: I. RESTRICTIONS 1. Restrictions. The Owner and all future owners: (a) Shall neither engage in nor allow drilling or excavation of soil on the Real Estate without first submitting a work plan and/or a soil management plan for approval by the Department at least sixty (60) days prior to beginning work. Any removal, excavation or disturbance of soil from the Real Estate must be conducted in accordance with a Department -approved work plan, including all applicable requirements of IOSHA/OSHA. i. Soil in any area on the Real Estate on which standalone single-family or duplex residential housing will be constructed must be sampled down to 10 feet below ground surface ("bgs"). Any soil determined through such sampling to be contaminated above applicable R2 residential published levels must be excavated, leaving only soil that meets R2 RSPLs in place. ii. Shall restore soil disturbed as a result of excavation and construction activities on the Real Estate in such a manner that any remaining contaminant concentrations do not present a threat to human health or the environment (as determined under the R2 using residential screening levels). iii. Any soil that is removed, excavated or disturbed on the Real Estate must be managed and disposed of in accordance with all applicable federal and state laws and regulations. 2 (b) If benzo(a)pyrene contaminated soil is not removed from the "Affected Area" identified via GPS coordinates and depicted on the attached Exhibit F, install a protective cover of two feet of clean (constituents not exceeding R2 RSPLs) soil or other engineer barrier (i.e., concrete, asphalt, etc.) over the "Affected Area in order to eliminate direct contact exposure to contaminated soil or fill materials. This protective cover/engineered barrier must not be excavated, removed, disturbed, demolished, or allowed to fall into disrepair without replacement by a barrier that will provide equal or better protection, unless it can be demonstrated to IDEM that the underlying contaminated soil has been remediated to RCG RDCSLs. (c) Shall not use or allow the use or extraction of groundwater at the Real Estate for any purpose, including, but not limited to, human or animal consumption, gardening, industrial processes, or agriculture, without prior Department approval, except that groundwater may be extracted in conjunction with environmental investigation, remediation activities and/or temporary construction dewatering activities. II. GENERAL PROVISIONS 2. Restrictions to Run with the Land. The restrictions and other requirements described in this Covenant shall run with the land and be binding upon and inure to the benefit of the Owner of the Real Estate and the Owner's successors, assignees, heirs and 'lessees or their authorized agents, employees, contractors, representatives, agents, lessees, licensees, invitees, guests, or persons acting under their direction or control ("Related Parties") and shall continue as a servitude running in perpetuity with the Real Estate. No transfer, mortgage, lease, license, easement, or other conveyance of any interest in all or any part of the Real Estate by any person shall limit the restrictions set forth herein. This Covenant is imposed upon the entire Real Estate unless expressly stated as applicable only to a specific portion thereof. 3. Binding upon Future Owners. By taking title to an interest in or occupancy of the Real Estate, any subsequenfi owner or Related Party agrees to comply with all of the restrictions set forth in paragraph 1 above and with all other terms of this Covenant. 4. Access for Department. The Owner shall grant to the Department and its designated representatives the right to enter upon the Real Estate at reasonable times for the purpose of determining whether the land use restrictions set forth in paragraph 1 above are being properly maintained (and operated, if applicable) in a manner that ensures the protection of public health, safety, or welfare and the environment. This right of entry includes the right to take samples, monitor compliance with the remediation work plan (if applicable), and inspect records. 3 5. Written Notice of the Presence of Contamination. Owner agrees to include in any instrument conveying any interest in any portion of the Real Estate, including but not limited to deeds, leases and subleases (excluding mortgages, liens, similar financing interests, and other non -possessory encumbrances) the following notice provision (with blanks to be filled in): NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO AN ENVIRONMENTAL RESTRICTIVE COVENANT, DATED 20_1 RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY ON , 20_, INSTRUMENT NUMBER (or other identifying reference) IN FAVOR OF AND ENFORCEABLE BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. 6. Notice to Department of the Conveyance of Property. Owner agrees to provide notice to the Department of any conveyance (voluntary or involuntary) of any ownership interest in the Real Estate (excluding mortgages, liens, similar financing interests, and other non -possessory encumbrances). Owner must provide the Department with the notice within thirty (30) days of the conveyance and include (a) a certified copy of the instrument conveying any interest in any portion of the Real Estate, and (b) if the instrument has been recorded, its recording reference(s), and (c) the name and business address of the transferee. 7. Indiana Law. This Covenant shall be governed by, and shall be construed and enforced according to, the laws of the State of Indiana. ENFORCEMENT 8. Enforcement. Pursuant to IC 13-14-2-6 and other applicable law, the Department may proceed in court by appropriate action to enforce this Covenant. Damages alone are insufficient to compensate the Department if any owner of the Real Estate or its Related Parties breach this Covenant or otherwise default hereunder. As a result, if any owner of the Real Estate, or any owner's Related Parties, breach this Covenant or otherwise default hereunder, the Department shall have the right to request specific performance and/or immediate injunctive relief to enforce this Covenant in addition to any other remedies it may have at law or at equity. Owner agrees that the provisions of this Covenant are enforceable and agrees not to challenge the provisions or the appropriate court's jurisdiction. IV. TERM, MODIFICATION AND TERMINATION 9. Term. The restrictions shall apply until the Department determines that contaminants of concern on the Real Estate no longer present an unacceptable risk to the public health, safety, or welfare, or to the environment. 10. Modification and Termination. This Covenant shall not be amended, modified, or terminated without the Department's prior written approval. Within thirty (30) days of executing an amendment, modification, or termination of the Covenant, Owner 51 shall record such amendment, modification, or termination with the Office of the Recorder of St. Joseph County and within thirty (30) days after recording, provide a true copy of the recorded amendment, modification, or termination to the Department. V. MISCELLANEOUS 11. Waiver. No failure on the part of the Department at any time to require performance by any person of any term of this Covenant shall be taken or held to be a waiver of such term or in any way affect the Department's right to enforce such term, and no waiver on the part of the Department of any term hereof shall be taken or held to be a waiver of any other term hereof or the breach thereof. 12. Conflict of and Compliance with Laws. If any provision of this Covenant is also the subject of any law or regulation established by any federal, state, or local government, the strictest standard or requirement shall apply. Compliance with this Covenant does not relieve the Owner from complying with any other applicable laws. 13. Change in Law, Policy or Regulation. In no event shall this Covenant be rendered unenforceable if Indiana's laws, regulations, guidelines, or remediation policies (including those concerning environmental restrictive covenants, or institutional or engineering controls) change as to form or content. All statutory references include any successor provisions. 14. Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other pursuant to this Covenant shall be in writing and shall either be served personally or sent by first class mail, postage prepaid, addressed as follows: To Owner Civil City of South Bend 227 West Jefferson Boulevard, Suite 1400S South Bend, Indiana 46601 ATTN: Joseph R. Molnar To Department: Indiana Brownfields Program 100 N. Senate Avenue, Rm. 1275 Indianapolis, Indiana 46204 ATTN: Haley Faulds Any party may change its address or the individual to whose attention a notice is to be sent by giving written notice in compliance with this paragraph. 15. Severability. If any portion of this Covenant or other term set forth herein is 5 determined by a court of competent jurisdiction to be invalid for any reason, the surviving portions or terms of this Covenant shall remain in full force and effect as if such portion found invalid had not been included herein. 16_ Authority to Execute and Record. The undersigned person executing this Covenant represents that he or she is the current fee Owner of the Real Estate or is the authorized representative of the Owner, and further represents and certifies that he or she is duly authorized and fully empowered to execute and record, or have recorded, this Covenant. C01 Owner hereby attests to the accuracy of the statements in this document and all attachments. ACKNOWLEDGMENT BY A NOTARY IN WITNESS WHEREOF, the Civil City of South Bend the said Owner of the Real Estate described above has caused this Environmental Restrictive Covenant to be executed on this day of , 20 Civil City of South Bend Printed Name of Signatory STATE OF SS: COUNTY OF ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared , the of the Owner, , who acknowledged the execution of the foregoing instrument for and on behalf of said entity. Witness my hand and Notarial Seal this day of , 20 Residing in My Commission Expires: This instrument prepared by: , Notary Public County, I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. (Printed Name of Declarant) 7 EXHIBIT A Tax Deed for the Real Estate UNOFFICIAL COPY ?30 O Prescribed by the State Board of. nts: 2022-19007 RECORDED AS PRESENTED ON O6J28J2022 01:43 PM MARY BETH WISNIEWSKI ST.70SEPH COUNTY RECORDER PC,S: 2 FEES: 25.00 oQ TY�V�X DEED WHEREAS CIVIL CITI SOUTH BEND did the 26th day of May, 2022 produce to the undersigned, MICHAEL J. HAMANN, Auditor of the County of�St Joseph in the State of Indiana, a certificate of sale dated the loth day of September, 2021, signed by MICHAEL J. HAMANN who, at the date of sale, was Auditor of the County, from which it appears that CIVIL CITY OF SOUTH BEND, Indiana accepted an assignment of that certain certificate of sale on the 21st day of December, 2021, from the Commissioners in and for the County of St�Joseph, who held that certain certificate of sale pursuant to IND. CODE § 6-1.I-24-6 et seq., and that the CIVIL CITY OF SOUTH BENDoaquired that certain certificate of sale for the real property described in this indenture for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the respective parties hereto, in connection with the following tracts of land returned delinquent the name 1408 ELWOOD AVENUE LLC for 2020 and prior years, namely: SEE ATTACHED EXHIBIT A Property ID#: 018-1094-3943 Such real property has been recorded in the Office d, he St Joseph County Auditor as delinquent for the nonpayment of taxes and proper notice of the sale has been given. It appearing that CIVIL CITY OF SOUTH BEND, the owner(s) of the certificate of sale, that the time for redeeming such real property has expired, that th6 property has not been redeemed, that the undersigned has received a court order for the issuance of a deed for the real property described in the certificate of sale, that the records of the St Joseph County Auditor's Office state that the real property was legally liable for taxation, and the real property has been duly assessed and properly charged on the duplicate with the taxes and special assessments for 2020 and prior years. THEREFORE, this indenture, made this llO day oMAll f 0 Z between the State of Indiana by MICHAEL J. HAMANN Auditor of St Joseph County, of the first part, and CIVIL CITY OF SOUTH BEND of the second part, witnesseth; That the party of the first part, for and in consideration of the premises, has granted and bargained and sold to the party of the second part, their heirs and assigns, the real property described in the certificate of sale, situated in the County of St Joseph, and State of Indiana, namely and more particularly described as follows: SEE ATTACHED EXHIBIT A Property ID#: 018-1094-3943 to have and to hold such real property, with the appurtenances belonging thereto, in as full and ample a manner as the Auditor of said County is empowered to convey the same. In testimony whereof, MICHAEL J. HAMANN, Auditor of St Joseph County, has hereunto set his/her hand, and affixed the hoard of CouQt3f ommissioners, the day and year last above mentioned. , Witness: _.-�'�.�(..S.) Attest: TIM A. SWAGER `•HAMANN, Treasurer: St Joseph County lose to INi t, ;ems . State of Indiana } -,ty = NV, t%` County of St Joseph 14,` ..:z� 14S tell 4 . ;. �: `1-` > Before me the undersigned, RITA L. GLENN in and for said County, this day,ersonalily;ca e�l�%ab ; n`a edlet MICHAEL J. HAMANN, Auditor of said County,and acknowledged that he/she signed and sealed the for. oit `' 'dee 136it-tub' send purposes g gIle therein mentioned. ��we t''= `x=� p '.r.� ;� t:-.y, •�f�••... Ti`V`r.A -•�.° .,R r 20.��. In witness whereof, I have hereunto set my hand and seal this day of * - 'Ftle it ^. IV V0 .4:, +VI jr /// t tell IV VeeIt Z RITAII',. GI:,ENN ; e:Y'' {�°�z; Clerk of St Joseph'Coti�y�� �- ��� ' -• ;�- ' This instrument prepared by MICHAEL J. HAMANN, Auditor , ''`� �>°�,``�,• _ 1 afftrrn, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by Iaw. MICHAEL J. IIAMANN, Auditor The mailing address to which statements should be mailed under IC 64.1-22eee is: CIVIL CITY OF SOUTH BEND, 14TH FLOOR, 227 W. JEFFERSON BLVD., South Bend, IN 46601. The mailing address of the grantee is: CIVIL CITY OF SOUTH BEND, 14TH FLOOR, 227 W. JEFFERSON BLVD., South Bend, IN 46601. t= CD X n� -A R� GAD O IV � [O � CS1 ��n t.7"1 DULY ENTERED FOR TAXATION! ------ ST JOSEPH CO. INDIANA SUBJECT TO FINAL ACCEPTANCE FOR TRANSFER 2022-19007 UNOFFICIAL COPY `V� 0 O1 zeV Property ID#: 018-1094-39430 PARCEL T: A part of� ,Northwest Quarter of Section 2, Township 37 North, Range 2 East, which part is bounded by a h netrunning as follows: Beginning on the South line of Elwood Avenue in the City of South Bend ata point 372 feet East ofthe West line of said Section 2; thence South 1138 feet; thence East 408 feeCiA ence South 332.9 feet to the Northwesterly right of way line of the Chicago, South Bend and i5outlierrt Railroad; thence Northeasterly along the said Northwesterly right of way line a distanceld&338.54 feet; thence North 1054 feet; thence West 73 feet; thence NoA 130 feet to the said South\lihe,of Elwood Avenue; thence West along the South line of EIwood Avenue, a distance of Sh feet to the place of beginning, EXCEPTING THEREFROM the following parcel conveyed to <l (diana & Michigan Electric Company by a deed dated November 2,1948 recorded in Deed Record 446,,pages 02-03: Beginning on the South line of Elwood Avenue in the City of South Bend at a point%20 feet South and 372 feet East of the Northwest comer ofsaid Section 2; thence East 73 feet;{thence South 70 feet; thence West 73 feet; thence North 70 feet to the place of beginning, v�j\ ANb FURTHER EXCEPTING THEREFROM a tract of land in the Northwest Quarter of Section 2, Tawnsliip 37 North, Range 2 East; City of South Bend, at, Joseph County, Indiana, described as beginning at a point 975A feet East and 744.88 feet South of the Northwest corner of said Section 2, said point being 459.12 feet North of the Northwesterly right of way line of the Chicago, South Bend and Southern Railroad; thence South 00100'00" West 459.12 feet to the Northwesterly line of said railroad; thence South 3411756" West along said Northwesterly line, 235.58 feet; thence North 00109'33" East, 653.75 feet; thence South 89°59'42" East,130.94 feet to the place of beginning. PARCEL II: Part of the Northwest Quarter of the Northwest Quarter of Section 2, Township 37 North, Range 2 East, described as beginning at a point 902 feet East and 20 feet South of the Northwest corner of said Sections running thence South 130 feet; thence East 73 feet; thence North 130 feet to a point 73.4 feet East of the place of beginning, thence West 73.4 feet to the place of beginning. Commonly known as: 1408 Elwood Avenue, South Bend, IN 46628 2022-19007 �.■_r__ . Nlap of the Rea[ Es#a#e Al I 2=fin 1 L= F- ` KING ST I I C/) t----------- F- I z \ 1 ~ I O \ I Lu p \ — W I z \ ELWOODAV ------ Q---------------------------- MM I 94� I � I � I ` I \ I � i i 1 I i I I I i I 1 71-0&02-101-006.000-026 I , I ' I � I , I I � I ' 1 I 1 HUMBOLDT i ST I HUMBOLDT ST,- ' ip — — — — — — — — — —I I � l Q 1 J I I > LIJ I p O/ I 71 I 1 IQ I 1 I J I I i 1 Mapped By: Vickey Robinson, GIS &Digital Services Specialist, Indiana Brownfields Program, December 29, 2022 Real Estate: Order Entering Judgment Quieting Title —Files Dec 1, 2022 St Joseph Circuit &Superior Court— Cause No. 71C01-2208-PL-000146 Parcel Info: The Real Estate consists of Parcel Identification Number: 71-0S-02-101-006.000-026 PLSS Info: Sections 02, T37N, R2E, Portage Township, St. Joseph County, Indiana Property Info: 1408 Elmwood Ave, South Bend, Indiana Disclaimer: This Map is intended to serve as an aid in graphic representation only. This information is not warranted for accuracy or other purpose. 0 100 200 400 Feet 0 25 50 100 Meters PARCEL - - - STREET --f— RAILROAD 414 St. Joseph County N W E •s• IDEM eye Browri - . P R O G R =a ;>N Project Area G®py ®f the G®mf®rt Letter INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Environment. Eric J. Holcomb Governor Mr. Joseph R. Molnar Civil City of South Bend 227 West Jefferson Boulevard, South Bend, IN 46601 Dear Mr. Molnar: 100 N. Senate Avenue • Indianapolis, IN 46204 (800) 451-6027 • (317) 232-8603 www.idem.IN.gov June 29, 2023 Suite 1400S Brian C. Rockensuess Commissioner Re: Comfort Letter Political Subdivision OmniPlex Warehouse 1408 Elwood Avenue South Bend, St. Joseph County Brownfield #4000022 In response to the request by Heartland Environmental Associates, Inc. (Heartland) on behalf of the Civil City of South Bend (Owner) to the Indiana Brownfields Program (Program) for assistance concerning the property located at 1408 Elwood Avenue, South Bend, Indiana (Site), the Indiana Department of Environmental Management (IDEM) has agreed to provide this Comfort Letter to outline applicable limitations on liability for environmental conditions on the Site. This letter does not provide a release from liability. It will, however, establish whether environmental conditions on the Site might be a barrier to redevelopment or transfer. Site Description and History The 14.028-acre Site is one parcel identified by the State by parcel #71-08-02- 101-006.000-026. The Site is currently improved with six buildings, including one large industrial building located along the eastern boundary of the Site, one industrial building situated on the southeastern portion of the Site, two buildings in the central portion and two smaller maintenance buildings in the northwestern portion of the Site. Historical documentation indicates that as many as 17 buildings were developed as part of the brewery operations conducted on the Site. The Site was developed for usage as a brewery circa 1880 and operated as a commercial brewery until circa 1972. The Site was also utilized as storage, a soft drink company and meat packing facility from the mid-1920s through the early 1930s when prohibition -era laws prohibited alcohol production. By 1978, the Site was redeveloped as a light industrial and commercial complex that operated under the name OmniPlex. OmniPlex predominantly contained office spaces, light commercial operations, including machine shops, woodworking operations, cabinet makers, maintenance facilities, trucking storage, lawn care needs, commercial storefronts and other light commercial I ilk An Equal Opporhmity Employer A State that Works Recycled Paper OmniPlex, South Bend — Political Subdivision Comfort Letter BFD #4000022 June 29, 2023 Page 2 of 12 functions. By 2014, most of the former facility buildings had fallen into a state of disrepair and by 2020, the majority of historical buildings were razed, collapsed, and/or partially demolished. The Civil City of South Bend obtained ownership of the Site by tax deed on May 26, 2022 and "Order Entering Judgment Quieting Title" on December 1, 2022. Near -term plans for the Site include demolition of unsafe structures; no long-term redevelopment plans for the Site have yet been proposed. The Site is bounded: to the north, by Elwood Avenue, followed by residential property; to the east, by commercial property and parking lots; to the south, by a recreational area followed by Vassar Avenue; and, to the west, by vacant land followed by Wilber Street and residential properties beyond. Historical Environmental Conditions In November 2000,E an investigation was conducted on -Site to determine if the subsurface had been affected by historical operations. Twelve borings for soil and groundwater samples were placed in areas most likely to be affected by past operations. Petroleum contamination was detected in soil and groundwater in various areas of the Site. Viscous petroleum was detected in the area of the fuel oil storage and delivery system which consisted of a 400,000-gallon aboveground storage tank (AST) that fed fuel oil to three 20,000-gallon USTs connected via piping that fed numerous boilers associated with the main brewery building and other on -Site buildings. Polychlorinated biphenyls (PCB) contamination was detected in oil -stained debris under the transformers in transformer yard 2 located on the southwestern portion of the Site. A pond, thought to be historically used for ice production, was located on the western portion of the Site. According to documentation, the pond covered the entire area west of the westernmost rail spur. Over time, the pond was filled in to bring it to grade. Sampling has indicated that the pond was between 10 to 12 foot deep prior to being filed. The material used to fill the pond is unknown, but given the industrial nature of the Site, fill materials may have included any of the following items: sand, gravel, clay and/or clayey peat. A three-inch layer of broken glass was encountered at a depth of less than 5 feet below ground surface (bgs) in one boring advanced within the southwestern portion of the former on -Site pond. Environmental Conditions As part of the request for assistance in determining any existing environmental contamination and potential liability at the Site, Program staff reviewed the following documents prepared by Heartland. These documents may be viewed electronically by searching online by the noted document number in IDEM's VFC accessible through IDEM's website. • Phase 1 Environmental Site Assessment (December 2021 Phase I ESA) Phase 11 Site Investigation, dated December 15, 2000, prepared by Bruce Carter Associates, LLC (Document #14466223) OmniPlex, South Bend — Political Subdivision Comfort Letter BFD #4000022 June 29, 2023 Page 3 of 12 dated December 1, 2021 (Document #83410730) • Phase 1 Environmental Site Assessment Report Update (June 2022 Phase I Update) dated June 30, 2022 (Document #834 i 0731) • Phase 11 Environmental Site Assessment, (Phase II ESA) dated October 7, 2022 (Document #83406621) For purposes of this letter, sample analytical results were compared to IDEM's Risk -based Closure Guide (R2) (July 8, 2022 and applicable revisions) published levels as follows: soil samples collected at depths between 0 and 10 feet below ground surface (bgs) were compared to R2 residential and commercial soil published levels (RSPLs and CSPLs, respectively); soil samples collected between 0 and 15 feet bgs were compared to the excavation worker soil published levels (XSPLs); and, soil samples collected at depths greater than 15 feet bgs were not evaluated for purposes of closure because of the unlikely risk of exposure to soil at that depth. Groundwater samples were compared to groundwater published levels (GWPLs). Phase 1 ESA —December 2021 The December 2021 Phase I ESA identified the following recognized environmental conditions (RECs) associated with the Site: • Historical utilization of ASTs, including at least one 400,000-gallon AST utilized as part of a fuel oil storage and delivery system along with numerous smaller ASTs for petroleum products and other chemical storage. • Historical utilization of USTs, including at least three 20,000-gallon USTs utilized for fuel oil storage and at least an additional four to seven USTs for storage of unknown petroleum products and one smaller UST known to be operated on -Site based on a review of historical Sanborn Fire Insurance Maps. • Historical operation of at least two "transformer yards" which housed pad. mounted transformers utilized for electric generation at the facility. • Historical operation of numerous truck and/or automobile repair garages which likely handled, utilized and stored a variety of hazardous wastes and petroleum products, including motor oils, used oil, and chemical solvents at the Site. • Historical hazardous waste handling, storage, and utilization at the Site with known Resource Conservation and Recovery Act (RCRA) generator documentation and limited information related to handling activities. • Documentation of the Site having locations that were subject to "filling", with the nature of the filling operations unknown. Records indicate that the potential exists for improper filling, particularly the location of a former pond in the southwestern corner of the Site. • Documentation in historical environmental assessment reports revealing the presence of readily apparent environmental concerns, including areas of spills, leaks, stressed vegetation and stained surfaces throughout the Site which are likely attributable to historical Site operations. OmniPlex, South Bend — Political Subdivision Comfort Letter BFD #4000022 June 29, 2023 Page 4 of 12 • Documentation of known chemical impacts to subsurface media, including soil and groundwater, present at the Site and directly attributable to historical Site operations. In addition to the above -noted RECs, the December 2021 Phase I ESA identified the following non -scope issues: • During the time of Site reconnaissance, it was noted that several of the Site buildings appeared to be in fair to poor structural condition, including some that were partially collapsed. Further a large amount of refuse and demolition debris was noted throughout the Site grounds. • Asbestos containing material (ACMs) were observed on -Site in still standing buildings as well as refuse and debris located on-Site.2 • Historical lead -based paint (LBP) inspection activities previously conducted on -Site indicated the presence of LBPs on paint coated surfaces throughout the Site. LBPs are suspected in the remaining on -Site buildings, as well as the refuse and demolition debris remaining on -Site. Pursuant to ASTM E1527-13, Standard Practice for Environmental Site Assessment and ASTM E2600-15 Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions, Heartland conducted a Tier 1 evaluation to assess the presence or likely presence of vapor -phase chemicals of concern in soil at the Site that might result from contaminated soil and/or groundwater either on or near the Site. Heartland determined that vapor encroachment conditions (VECs) cannot be ruled out at the Site due to historical operations. Heartland did not identify any off -Site potential VECs. Phase 1 Update Report —June 2022 Due to timing of the Site acquisition, certain aspects of the December 2021 Phase I ESA required updating; therefore, a Phase I Update report was prepared. No additional subsurface investigations had been conducted on -Site since the December 2021 Phase I ESA and Site conditions were unchanged. No additional RECs were identified. Phase ll ESA Report —October 2022 In September 2022, a total of 47 soil borings (B-1 through B-47) were advanced to depths up to 25 feet bgs. The soil borings were advanced to the depth of first encountered groundwater saturated zone with one soil boring (13-18) ending at eight feet bgs due to boring refusal. Two soil samples from each soil boring were collected and 2 IDEM State Cleanup Program (SCP) assigned the Site incident #0001152 to be able to track documents in the VFC after receiving a report from the United States Environmental Protection Agency (US EPA) pertaining to its involvement at the Site regarding asbestos abatement. OmniPlex, South Bend — Political Subdivision Comfort Letter BFD #4000022 June 29, 2023 Page 5 of 12 analyzed for volatile organic compounds (VOCs), polycyclic aromatic hydrocarbons (PAHs), Resource Conservation and Recovery Act (RCRA) 8 metals, and PCBs. After completion of the soil borings, each soil boring was completed as a temporary groundwater piezometer. The piezometers were installed into the first encountered groundwater aquifer from approximate depths between 20 to 25 feet bgs. A total of 45 grab groundwater samples were collected and analyzed for VOCs, PAHs, RCRA 8 metals, and PCBs. No groundwater samples were collected from 13-2 due to insufficient groundwater recovery or B-18 due to refusal at a shallow depth during soil boring advancement. Concentrations of several PAHs were detected in shallow soil (0-2 feet bgs) that exceeded their respective RSPLs, CSPLs, and/or XSPLs. Concentrations of lead and arsenic were also detected in soil above their respective RSPLs and/or CSPLs. No other constituents analyzed in soil were detected at levels above applicable R2 published levels. Refer to Table 1, below, for a summary of soil analytical data above applicable R2 published levels. Laboratory results detected trichloroethylene (TCE) concentrations in two groundwater samples that exceeded its GWPL. In addition, several PAHs were detected in multiple groundwater sampling locations at concentrations exceeding their respective GWPLs. PCB Aroclor 1260 was detected in one groundwater sample at a concentration that exceeded its GWPL. Also, laboratory detection limits for several groundwater samples detected PCB-1221, PCB-1232, PCB-1242, PCB-1248, PCB-1254, and PCB- 1260 at concentrations higher than their respective GWPLs, rendering the data inconclusive as to actual contaminant levels. Additionally, methylene chloride was detected in five groundwater samples at concentrations exceeding its GWPL. The presence of methylene chloride in several of the groundwater samples analyzed indicates the likelihood that this is a laboratory artifact and not a contaminant actually present on -Site. No other constituents analyzed in groundwater were detected at levels above applicable R2 published levels. Refer to Table 2, below, for a summary of groundwater analytical data above applicable R2 published levels. OmniPlex, South Bend — Political Subdivision Comfort Letter BFD #4000022 June 29, 2023 Page 6 of 12 2®22 Soil Concentrations Exceedin A lII"V l®Eiiil R2 Published Levels Contaminant Detected Sample Location Depth feet (bgs) Results ppm RSPL CSPL L XSP Arsenic B-1 FD-5 0-2 20.5 10 30 900 14.1 B-2 0-2 27.2 B-4 0-2 11.4 B-5 0-2 13.2 B-13 1-3 62.8 B-26 0.3-2 22.3 FD-1 0.5-2 12.5 Benzo(a)anthracene B-5 0-2 1,230 20 200 101000 B-18 1-3 23.9 Benzo(a)pyrene B-5 0-2 949 8 70 200 B-4 0-2 10.7 B-6 0-1 12.7 B-18 1-3 1925 B-18 4-6 11.8 B-26 0.5-2 10.4 B-47 0.5-2 116 Benzo(b)fluoranthene B-5 0-2 11220 20 200 107000 B-18 1-3 30.5 Dibenz(a,h)anthracene B-5 0-2 147 2 20 1,000 B-18 1-3 3.3 Indeno(1,2,3-cd)pyrene B-5 0-2 411 20 200 101000 Lead B-40 0.3-2 486 400 800 17000 Naphthalene B-5 0-2 359 30 90 3,000 Notes: bold = above R2 Residential Soil Published Level italics =above R2 Commercial Soil Published Level underline =above R2 Excavation Worker Soil Published Level bgs = below ground surface r = field duplicate ppm = parts per million OmniPlex, South Bend — Political Subdivision Comfort Letter BFD #4000022 June 29, 2023 Page 7 of 12 TABLE 2 2022 Groundwater Concentrations Exceeding IDEM R2 Published Levels Contaminant Detected Sample Location Results ppb GWPL Benzo(a)anthracene B-32 25 0.30 B-36 0.49 Benzo(a)pyrene B-32 2.3 2 Benzo(b)fluoranthene B-32 3.2 3 Fluorene B-32 530 300 Trichloroethylene B-44 5.1 5 B-45 5.2 1-Methyl naphthalene B-7 15.5 10 B-11 90.9 B-22 46.5 B-32 127 B-33 73.5 FD-2 79.8 B-34 16.3 B-36 33.2 B-37 73.5 2-Methylnaphthalene B-11 59.8 40 Naphthalene B-7 1 A 1 B-11 34.7 FE B-22 4.2 B-32 135 B-37 13.5 Pyrene B-32 275 100 PCB-1260 FD-2 0.25 0208 Notes: bold =above R2 Groundwater Published Level FD =field duplicate - ppb =parts per billion Technical Summary Heartland concluded that due to historical Site operations, certain locations throughout the Site have contamination in shallow soil of various PAHs, arsenic, lead, and naphthalene above their respective R2 published levels. In addition, benzo(a)pyrene was detected in one soil sample location (13-5) above its RSPL, CSPL, and XSPL. To be protective, the area around soil sample location M must either be capped with a two -foot barrier of "clean" soil, covered by a building, surface parking lot or sidewalk, or excavated with confirmation samples collected to confirm the removal of contaminated soil above applicable CSPLs and/or XSPLs. OmniPlex, South Bend — Political Subdivision Comfort Letter BFD #4000022 June 29, 2023 Page 8 of 12 Although available data indicates various PANS, naphthalene, 1- methylnaphthalene, 2-methylnaphthalene and PCB-1260 were detected in groundwater above Mn published levels, groundwater contamination appears to be limited to certain locations in the northeastern, northwestern, and southern portions of the Site. In addition, TCE was detected in groundwater on the northeastern portion of the Site near the former truck garage for the brewery. The extent of cVOC contamination in this area is unknown since the detections were near a historical UST field. To ensure no exposure to contaminated groundwater on -Site, groundwater use will be restricted via a land use restriction. Historical on -Site operation of numerous truck and/or automobile repair garages likely handled, utilized and stored a variety of hazardous wastes and petroleum products, including motor oils, used oil, and chemical solvents. To date, no soil gas sampling has been conducted to confirm if cVOCs concentrations are present in soil gas on -Site from these historical operations. While buildings remain on -Site, they are in a state of disrepair which makes evaluating the buildings for vapor intrusion at this time inadvisable since it would not be indicative of true exposure conditions due to the well. conditions. Prior to any redevelopment of the Site, a vapor intrusion evaluation should be conducted on -Site to confirm the presence or absence of vapor contamination that may underlie the Site as a result of historical on -Site operations. Field observations made during the subsurface investigation indicate that several USTs may remain on -Site. All known USTs and any additional US Is that are encountered during Site redevelopment should be removed from the Site and documentation of the removal should be submitted to the Program. Historical industrial and commercial operations on the Site may have caused per - and polyfluoroalkyl substances (PEAS) contamination. On June 15, 2022, U.S. EPA announced Interim Drinking Water Health Advisory Levels (HALs) for perfluorooctanoic acid (PFOA) perfluorooctane sulfonic acid (PFOS), and perfluorobutane sulfonic acid and its potassium salt (PFBS) of 0.004 parts per trillion (ppt), 0.02 ppt, and 2,000 ppt, respectively. The U.S. EPA also announced an HAL for hexafluoropropylene oxide (HFPO) dimer acid and its ammonium salt ("GenX" chemicals) of 10 ppt. PFAS are not currently classified as hazardous substances under CERCLA and there are only R2 published levels for some PFAS compounds. No sampling of soil or groundwater for PFAS has occurred on the Site. As emerging contaminants of concern, it is possible on - Site sampling for PFAS may be required in the future. Liability Clarification IDEM's "Brownfields Program Comfort and Site Status Letters" Non -rule Policy Document, W-0051 (April 18, 2003) (Comfort and Site Status Letter Policy), provides that IDEM may issue a letter to a stakeholder involved in redevelopment of a brownfield if the stakeholder satisfies certain eligibility criteria outlined below. IDEM concludes, based in part on information provided by the Owner, that: (1) no state or federal enforcement action at the Site is pending; OmniPlex, South Bend — Political Subdivision Comfort Letter BFD #4000022 June 29, 2023 Page 9 of 12 (2) no federal grant requires an enforcement action at the Site; (3) no condition on the Site constitutes an imminent and substantial threat to humaIn � ieaItI i or ti ie ei �vir onmeInt; (4) neither the Owner nor an agent or employee of the Owner caused, contributed to, or knowingly exacerbated the release or threat of release of any hazardous substance or petroleum at the Site; and, (5) the Owner is eligible for an applicable exemption to liability, specifically IC 13-254-8(e)(3) and IC 13-11-2-151(b)(3). As discussed below, the Owner has demonstrated to IDEM's satisfaction that it is eligible for the State political subdivision exemption from liability for hazardous substance and petroleum contamination. Therefore, under the Comfort and Site Status Policy, IDEM will utilize its enforcement discretion to not hold the Owner responsible to investigate and remediate the soil and/or groundwater contamination detected on the Site. However, pursuant to the Comfort and Site Status Letter Policy and as a condition of IDEM's exercise of enforcement discretion, the Owner must take due care with respect to the contamination discovered on the Site. In this case, IDEM is requiring the implementation of land use restrictions through recordation of an environmental restrictive covenant (ERC) on the deed for the Site to ensure no exposure by occupants to the contamination above R2 published levels in on -Site soil and/or groundwater. F�ec�rnmendatl©ns Previous investigations have confirmed ACM and LBP are present within the Site buildings. Readily observable suspect ACMs are present in refuse and debris materials including, but not limited to, resilient vinyl flooring materials and associated mastics, transite wallboard materials, sheetrock walls, plaster, roofing materials and thermal system insulation (TSI) materials. Also, LPB could potentially be amongst the staged refuse and demolition debris observed on the Site grounds. A screen of demolition debris and stockpiled wastes on -Site should also be conducted to identify and determine the nature and extent of any ACM and/or LBP which may be present in debris piles which may pose an exposure risk and/or require special handling and disposal. Any ACM and LBP encountered during any renovations or demolition of the existing buildings on the Site should be managed, abated, and disposed of in accordance with all applicable Occupational Health and Safety Administration standards including engineering controls, proper work practices and worker exposure monitoring and applicable Federal, State, and local laws and regulations. Due Care As of the date of issuance of this Comfort Letter, no soil gas samples have been collected to evaluate the vapor intrusion pathway for potential contamination from historical on -Site operations. Therefore, at this time, IDEM has insufficient information to provide a comprehensive technical opinion regarding due care steps for the Site. Additional Phase 11 investigation results would enable the Owner to make an informed OmniPlex, South Bend — Political Subdivision Comfort Letter BFD #4000022 June 29, 2023 Page 10 of 12 determination of the due care steps necessary to prevent any exposure to hazardous and/or petroleum substances that may be contaminating the Site. If requested by the Owi er, the Prog~ram will review a Phase 11 investigation report if one is completed and, as a follow-up to this letter, provide a technical opinion regarding any additional recommended due care measures for the Site. As of the date of issuance of this Comfort Letter, IDEM believes the following are appropriate due care measures for the Owner to undertake with respect to the hazardous substances and/or petroleum contamination found at the Site in order to satisfy the eligibility requirements for issuance of this letter under the Comfort and Site Status Letter Policy: • Implement and maintain the land use restrictions required by this letter. • Remove all known UST(s) and/or UST(s) encountered during Site redevelopment in accordance with all State, Federal, and local laws and regulations and provide documentation of their removal to the Program. • Prior to redevelopment of the Site, evaluate and determine, with IDEM concurrence, the presence or absence of vapor intrusion in any newly. constructed residential and/or commercial building(s) on -Site, and, depending on the results, mitigate any identified contaminant exposures. This evaluation and assessment should include investigation of all preferential pathways including underground conduits and utilities. • Remove and properly dispose of benzo(a)pyrene-contaminated soil exceeding its R2 XSPL in the "Affected Area" surrounding boring B-5 identified via GPS coordinates and depicted on Exhibit "F" of the enclosed environmental restrictive covenant (ERC) and collect confirmation samples to determine the extent of the completed removal or implement the land use restriction outlined in the ERC. • Upon becoming aware of such information, communicate to IDEM any newly - obtained information about existing hazardous substance and/or petroleum contamination or any information about new (or previously unidentified) contamination. Please be advised that any work performed at the subject property must be done in accordance with all applicable environmental laws in order to ensure no inadvertent exacerbation of existing contamination found on the Site which could give rise to liability. Institutional Control Since levels of contaminants detected in soil and/or in groundwater on -Site were above applicable R2 residential published levels, IDEM is requiring an ERC to be recorded on the deed for the Site to ensure no exposure to on -Site contamination. As a OmniPlex, South Bend —Political Subdivision Comfort Letter BFD #4000022 June 29. 2023 Page 11 of 12 condition of the issuance and effectiveness of this letter under the Comfort and Site Status Letter Policy, the Owner must abide by the land use restrictions in the enclosed ERC, �fvliich are summarized beifitiv: • Shall not allow excavation of soil without a Program approved work plan. o If single family residential and/or duplexes are constructed on -Site, soil must be sampled down to 10 feet bgs. o Soil shall be restored in a manner that does not present a threat to human health or the environment. o Any soil that is removed must be managed and disposed of in accordance with all applicable laws and regulations. • If benzo(a)pyrene contaminated soil in not removed, shall install a protective cover of two feet of clean (constituents not exceeding R2 RSPLs) soil or other engineer barrier (i.e., concrete, asphalt, etc.) in and around boring B-5, to eliminate direct contact exposure to contaminated soil. • Shall not extract groundwater on -Site for any use. Conclusion IDEM encourages the redevelopment or use of the Site. Should additional information gathered in conjunction with future Site investigations and/or remediation demonstrate that a particular restriction is no longer necessary to protect human health and the environment or that Site conditions are appropriate for unrestricted use, IDEM will, upon request, consider modification or termination of the ERC recorded on the deed for the Site pursuant to its terms and conditions. Conversely, it is also possible that new land use restrictions may be necessary in the future due to new information or changed circumstances at the Site. Pursuant to the Comfort and Site Status Letter Policy, the determinations in this letter are based on the nature and extent of contamination known to IDEM as of the date of this letter, as a result of review of information submitted to or otherwise reviewed by IDEM. If additional information regarding the nature and extent of contamination at the Site later becomes available, additional measures may be necessary to satisfy the due care requirements of political subdivision status. In particular, if new areas of contamination or new contaminants are identified, the Owner must communicate this information to IDEM upon becoming aware of it and should ensure that reasonable steps are undertaken with respect to such contamination in order to qualify as and maintain political subdivision status. This letter shall not be construed as limiting the Owners ability to rely upon any other defenses and/or exemptions available to it under any common or environmental law, nor shall it limit any ongoing obligations of the Owner that are required to maintain the benefit of the issuance of this letter. Furthermore, the terms and conditions of this letter shall be limited in application to this letter recipient and this Site and shall not be binding on IDEM at any other Site. OmniPlex, South Bend — Political Subdivision Comfort Letter BFD #4000022 June 29, 2023 Page 12 of 12 If at any time IDEM discovers that the above -mentioned reports, any representations made to IDEM, or any other information submitted to or reviewed by IDEM was inaccurate, which inaccuracy can be attributed to the Owner then IDEM reserves the right to revoke this letter and pursue any responsible parties. Furthermore, if any activities undertaken by the Owner result in a new release or if Site conditions are later determined by IDEM to constitute an imminent and substantial threat to human health or the environment, IDEM reserves the right to revoke this decision and pursue any responsible parties. Additionally, this decision does not apply to past or present contamination that is not described in this Comfort Letter, future releases, or applicable requirements under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 or CERCLA. Furthermore, activities conducted at the Site subsequent to purchase that result in a new release can give rise to full liability. This letter does not constitute an assurance that the Site is safe for any particular use. In order for IDEM to consider this letter effective, the enclosed ERC, which includes a copy of the Comfort Letter, must be recorded on the deed for the Site in the St. Joseph County Recorder's Office. Instructions explaining the process of how to correctly record the ERC enclosed. Please return a certified copy of the filed document to the address listed below: Indiana Brownfields Program 100 North Senate Avenue, Room 1275 Indianapolis, Indiana 46204 ATTN: Haley Faulds The Program is pleased to assist Civil City of South Bend, Indiana with this project. Should you have any questions or comments, please contact Haley Faulds at (317) 234-0685. She can also be reached via email at: hfauldsl@ifa.in.gov. Sincerely. Peggy Dorsey Assistant Commissioner Office of Land Quality Enclosure: ERC cc: Brittney Nadler, U.S. EPA Region 5 Ashley Green, U.S. EPA Region 5 Meredith Gramelspacher, Indiana Brownfields Program Haley Faulds, Indiana Brownfields Program Nivas Vijay, Heartland Environmental Associates, Inc. Thao Nguyen, Plews Shadley Racher & Braun LLP St. Joseph County Health Department T!^►�uLE OmniPlex, South Bend -BFD #4000022 2022 Soil Concentrations Exceeding IDEM Mn Published Levels OmniPlex, South Bend -BFD #4000022 2022 Groundwater Concentrations Exceeding IDEM R2 Published Levels TABLE 1 ®mnivlex, South Bend - BFD #4000022 2022 Soil Concentrations Exceeding IDEM R2 Published Levels Contaminant Detected Sample Location Depth reel Dgs Results WPM) RSPL CSPL XSPL Arsenic B-1 FM 0-2 20.5 10 30 900 14.1 B-2 0-2 27.2 134 0-2 11.4 13-5 0-2 13.2 13-13 1-3 62.8 B-26 FD-1 0.5-2 22.3 12.5 Benzo(a)anthracene 13-5 0-2 1,230 20 200 101000 13-18 1-3 23.9 Benzo(a)pyrene 13-5 0-2 949 8 70 200 134 0-2 10.7 B-6 0-1 117 13-18 1-3 19.5 4-6 11.8 13-26 0.3-2 10.4 13-47 0.5-2 13.6 Benzo(b)fluoranthene 13-5 0-2 l,220 20 200 10,000 B-18 1-3 30.5 Dibenz(a,h)anthracene 13-5 0-2 147 2 20 11000 13-18 1-3 3.3 Indeno(1,2,3-cd)pyrene B-5 0-2 411 20 200 101000 Lead 13-40 0.3-2 486 400 800 1,000 Naphthalene 13-5 0-2 359 30 90 31000 Notes: bold =above R2 Residential Soil Published Level italics =above R2 Commercial Soil Published Level underline = above R2 Excavation Worker Soil Published Level bgs = below ground surface FD = field duplicate ppm = parts per million Omniviex, South Bend - BFD #4000022 2022 Groundwater Concentrations Exceedin IDEM R2 Published Levels Collta niinQnt Detected Sample Location Results (ppb) GWPL Benzo(a)anthracene 13-32 25 0.30 B-36 0.49 Benzo(a)pyrene 13-32 2.3 2 3.2 3 Benzo(b)fluoranthene 530 300 Fluorene Methylene Chloride B-28 6.2 5 B-29 7.2 B-30 6.7 B-32 5.3 B-36 6.6 Trichloroethylene B-44 5.1 5 B -45 5.2 1-Methyl naphthalene B-7 15.5 10 B-11 90.9 B-22 46.5 B-32 127 B-33 FD-2 73.5 79.8 B-34 16.3 B-36 33.2 B-37 73.5 2-Methylnaphthalene B-11 59.8 40 Naphthalene B-7 1.4 1 B-11 34.7 B-22 4.2 B-32 135 B-37 13.5 Pyrene B-32 275 100 PCB-1260 FD-2 0.25 0.08 Notes: bold =above R2 Groundwater Published Level FD =field duplicate ppb =parts per billion EXHIBIT E ®mniPiex, Bout% fiend Site Map Depicting Sa�rpling Locations At Which COCs Were Detected Above Applicable IDEM R2 Published Levels DISCLAIMER: Information on this map is being provided to depict environmental conditions on the Real Estate that are the subject of the land use restrictions contained in the Covenant to which this map is attached and incorporated. The land use restrictions contained in the Covenant were deemed appropriate by the Department based on information provided to the Department by the Owner or another party investigating and/or remediating the environmental conditions on the Real Estate. This map cannot be relied upon as a depiction of all current environmental conditions on the Real Estate, nor can it be relied upon in the future as depicting environmental conditions on the Real Estate. RFD 4000022 - Site Map Depicting Sample Location Where COCs Were Detected Above Applicable IDEM Risk -Based Closure Guide (R2) Published Levels I I I I I I I I I I I I I I I r I I` I I I I I 1 I I I I I i I I HUMBOLDT STI I I I I I I i I I I I I I I I r. I KINGST I 10 0 I Cl) , w 1 w in , iz FD-5 B-47 � yC B-4 ��yL FD-1 8 B-30 B-29 8-45 CB1 EB�3 B-44 -18 8-22 71-08-02-101-006MO026 L I B-36 Mapped By: Vickey Robinson, GIS &Digital Services. Specialist, Indiana Brownfields Program, April 24, 2023 Real Estate: Order Entering Judgment Quieting Title —Files Dec 1, 2022 St Joseph Circuit &Superior Court— Cause No. 71C01-2208-PL-000146 Parcel Info: The Real Estate consists of Parcel Identification Number: 71-08-02-101-006.000-026 Sample Info: Sample Locations based on "Figure 5 —Soil Analytical Results Map" by Heartland Environmental Associates, Inc, dated 09/27/2022 PLSS Info: Sections 02, T37N, R2E, Portage Township, St. Joseph County, Indiana Property Info: 1408 Elmwood Ave, South Bend, Indiana • SAMPLE LOCATION - - - STREET PARCEL +— RAILROAD St. Joseph County Project Area Disclaimer: This Map is intended to serve as an aid in graphic representation only. 0 100 200 40o Feet This information is not warranted for accuracy 0 25 50 100 Meters ®nlnir�leX, S®uth bend - DFD #4000022 Site Map Depicting "Affected Area" I IU) I I I IW I I I 10 1 (1) 1 U) I IW I IJ I 1 W 10 I Q I m 10 to 1 ' I 15 ELWOOD AV i - I a. 1 AFFECTED AREA I I I I B-5 I I I I D C I I/ 0 5 10 20 Feet I / 'I I 0 1.5 3 6 Meters ..� NJ Affected I 1 I I I I I I I I I I � I I I I I � I I 1 I I I 1 I 1 I � I 1 I 1 HUMBOLDT ST Affecied Area Coordinates NORTHING EASTING A 461600505677 56053483512 B 461600505677 560540.4472 C 1.461599934717 56054004472 D1 461599944717 560534.3512 UTM - Zone 16N - NAD83 - Meters I ' I I I I 1 ' I I , I I � I U) I z 10 I W I I � 1 Q Q J Mapped By: Vickey Robinson, GIS &Digital Services Specialist, Indiana Brownfields I ( ® SAMPLE LOCATION — — — STREET Program, April 24, 2023 Real Estate: Order Entering Judgment Quieting Title —Files Dec 1, 2022 PARCEL —F-- RAILROAD St Joseph Circuit &Superior Court— Cause No. 71 C01-2208-PL-000146 F//71 AFFECTED AREA Parcel Info: The Real Estate consists of Parcel Identification Number: 71-08-02-101-006.000-026 Affected Area: Affected area coordinates provided in UTM, Zone 16N, NAD83, Meters Sample Info: Sample Locations based on "Figure 5 —Soil Analytical Results Map" by Heartland Environmental Associates, Inc, dated 09/27/2022 PLSS Info: Sections 02, 137N, R2E, Portage Township, St. Joseph County, Indiana Property Info: 1408 Elmwood Ave, South Bend, Indiana St. Joseph County N Project Area WE 's IDEM �h i Disclaimer: This Map is intended to serve as an aid in graphic representation only. I o 10o Zoo 40o Feet This information is not warranted for accuracy or other purpose. 1 I i 0 25 50 100 Meters I ' I I I I 1 ' I I , I I � I U) I z 10 I W I I � 1 Q Q J Mapped By: Vickey Robinson, GIS &Digital Services Specialist, Indiana Brownfields I ( ® SAMPLE LOCATION — — — STREET Program, April 24, 2023 Real Estate: Order Entering Judgment Quieting Title —Files Dec 1, 2022 PARCEL —F-- RAILROAD St Joseph Circuit &Superior Court— Cause No. 71 C01-2208-PL-000146 F//71 AFFECTED AREA Parcel Info: The Real Estate consists of Parcel Identification Number: 71-08-02-101-006.000-026 Affected Area: Affected area coordinates provided in UTM, Zone 16N, NAD83, Meters Sample Info: Sample Locations based on "Figure 5 —Soil Analytical Results Map" by Heartland Environmental Associates, Inc, dated 09/27/2022 PLSS Info: Sections 02, 137N, R2E, Portage Township, St. Joseph County, Indiana Property Info: 1408 Elmwood Ave, South Bend, Indiana St. Joseph County N Project Area WE 's IDEM �h i Disclaimer: This Map is intended to serve as an aid in graphic representation only. I o 10o Zoo 40o Feet This information is not warranted for accuracy or other purpose. 1 I i 0 25 50 100 Meters BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 08/1/2023 Name Joseph Molnar Department DCI BPW Date 08/08/2023 Phone Extension 6022 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ® Attorney Name Dept. Attorney ❑ Attorney Name Michael Schmidt Purchasing ❑ Check the Appropriate Item TVDe — Reauired for All Submissions U Professional Services Agreement U Contract U Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution ® Other: Environmental ❑ Ease./Encroach Restrictive Covenant Required Information Company or Vendor Name City of South Bend Board of Public Works New Vendor ❑ Yes❑ If Yes, Approved by Purchasing ® No MBE/WBE Contractor ❑ WBE Completed E-Verify Form Attached ❑❑ Nos Project Name Environmental Restrictive Covenant Former Drewrys Brewery Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Approving of the Environmental Restrictive Covenant for the former Drewrys Brewery at 1408 Elwood. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease ( %) Time Extension Amount: New Completion Date: