CCP 06-02-2014 - Laserfiche WebLink

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Redevelopment Property, is subject to the review and approval of the City and the Owner before submission to the MPCA, which approval shall not be unreasonably withheld, conditioned or delayed. The parties shall negotiate in good faith on the scope of and the estimated budget for such work (and shall do the same with respect to any unexpected contamination encountered during such work). If the City and the Owner do not respond with respect to a proposed submission to the MPCA or to the cost estimate referenced above (or subsequently revised cost estimate) within five (5) business days after the Redeveloper provides it to the City and Owner, then the City and the Owner will be deemed to have approved such proposed submission or such estimate and associated scope of work. "Business days" shall mean days in which New Brighton City Hall is open for business to the general public. If any amendment to the RAP, which has been submitted to the MPCA, has not yet been approved within the time frames contemplated by this subparagraph, the City and the Redeveloper shall negotiate in good faith on the budget based on the work contemplated by such amendment as submitted. (2) The costs of the Remediation Work shall include, the costs of: (i) performing all obligations under the RAP, as the RAP may be amended, necessary to obtain a No Further Action Letter for the Redevelopment Property; (ii) MPCA staff fees associated with review of the RAP implementation and the fees of the Redeveloper's environmental consultants in connection with implementing the RAP; (iii) the costs of sealing any wells and landfill gas vapor monitoring points; and (iv) the costs of installing any replacement vapor monitoring points as contemplated in the RAP; and (v) to the extent provided by the RAP, the costs to install a passive vapor venting system (including any initial testing of such system as required by the MPCA during the first year of operation and, if necessary, upgrading of such system to an active vapor venting system), and related vapor monitoring as required by the MPCA; ,environmental _ _ laboratory _ analytical... work; _ _ _,actions _ beyond_ _ _ _ the _ Redeveloper's normal construction practices at uncontaminated sites (such as implementing a site contingency plan; and,pnvironmental testing of any___ soils to be imported to the Redevelopment Property. In connection with the development of and construction at the Redevelopment Property, Redeveloper will take all reasonable measures to manage all environmental impacts in place. The Redeveloper shall be reimbursed for its share of the costs of performing the Remediation Work from the Escrow Account described below at Section 5.3. (3) In addition, the parties acknowledge that the Redeveloper retained American Engineering & Testing ( "AET ") to evaluate the geotechnical conditions at the Redevelopment Property and to make certain recommendations to correct the same to support construction of the Minimum Improvements, all as set forth in AET's report dated April 25, 27 Deleted: (vi) Deleted: (vii) Deleted: (viii)