HomeMy WebLinkAbout6.C.(2) Draft Environmental Indemnity Agreement (700 S. Lafayette)ENVIRONMENTAL TESTING AND REMOVAL AGREEMENT
THIS ENVIRONMENTAL TESTING AND REMOVAL AGREEMNT
( "Agreement ") is made this _ day of March, 2009, by and among the City of South
Bend (the "City "), the City of South Bend, Indiana, Department of Redevelopment acting
by and through the City of South Bend, Indiana, Redevelopment Commission ( "South
Bend Redevelopment ") and 3G Properties ( "3G ").
WHEREAS, 3G is considering purchasing certain real property, which property
was previously owned by South Bend Redevelopment, the legal description of which is
more fully described in Exhibit A hereto (the "Site ");
WHEREAS, the Site is subject to an Environmental Indemnity Agreement dated
September 20, 1995 by and between South Bend Redevelopment and Design Packaging,
Inc. and an Addendum to Environmental Indemnity Agreement dated even date herewith
by and among the City, South Bend Redevelopment and 3G;
a'
WHEREAS, in order to induce 3G to purchase the Site, the City, South Bend
Redevelopment and 3G desire to enter into this Agreement to provide that the City and
South Bend Redevelopment perform, at the sole expense of the City and South Bend
Redevelopment, certain environmental testing of the soil at the Site and to remove and
dispose of same if such soil is in excess of agreed upon environmental criteria as set forth
herein.
NOW THEREFORE, for good and; valuable consideration, the receipt and
sufficiency of which are hereby acknowledged; -the City, South Bend Redevelopment and
3G agree as follows:
1. The City and South Bend Redevelopment hereby agree that should 3G
purchase the Site as evidenced from a deed transferring the Site from the
present owner to 3G, the City and South Bend Redevelopment will
perform a minimum of twenty (20) soil tests dispersed equidistant from
one another in that area delineated and identified in Schedule 1, attached
hereto and incorporated herein, (the "Testing Area ")
2. The City and South Bend Redevelopment shall conduct soil testing in
accordance with the protocol and testing parameters set forth in Exhibit B.
3. Testing shall be conducted within ten (10) days of a closing whereby 3G
purchases the Site from its present owner.
4. 3G shall have the right, but not the obligation, to obtain split samples from
the City and South Bend Redevelopment's environmental consultant. In
any event, the City and South Bend shall provide a copy of all soil testing
reports, including without limitation all narrative reports, boring logs,
diagrams, maps and all lab reports, whether in draft or final form, to 3G
within three (3) days of receipt of such reports and other information.
5. To the extent any soil sample indicates a level of contamination in excess
of the Non - Residential RISC standards as set forth in the Indiana
Department of Environmental Management's non -rule policy documents
in use at the time of the testing for the parameters listed in Exhibit B, then
the City and South Bend Redevelopment shall, at their own expense, do
the following:
a. Conduct such further testing as necessary to fully delineate the soil
within the Testing Area and adjacent thereto to determine the
amount and extent of soil contamination.
b. Once fully delineated, remove and dispose of all contaminated soil
in accordance with all applicable federal, state, or local law,
statute, code, rule, regulation or ordinance and any order, judgment
or decree of any court, commission or administrative body.
6. To the extent no soil sample conducted in accordance herewith indicates a
level of contamination in excess of the Non- Residential RISC standards,
as described in Paragraph 5 hereof, then the City and South Bend
Redevelopment shall have no further obligation to do additional testing or
remove and dispose of any soil; provided, however, that notwithstanding
anything to the contrary herein, the obligations of the City and South Bend
Redevelopment under that certain Addendum to Environmental Indemnity
Agreement, dated even date herewith, shall continue to fully apply and
shall not be abrogated in any respect whatsoever.
IN WITNESS WHEREOF, the undersigned have caused their duly authorized
officers to execute and deliver this Agreement as of the day and year first written above.
SOUTH BEND, INDIANA REDEVELOPMENT COMMISSION
By:
Name:
Title:
THE CITY OF SOUTH BEND, INDIANA
IIn
Name:
2
ATTEST:
ATTEST:
Title:
3G PROPERTIES
By:
Name:
Titl
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