38-01 Environmental Remediation Detroit & Hird

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(e) The LPE will proceed expeditiously with, and complete, the acquisition of the Project Site (if not already acquired), the demolition of existing structures thereon and the remediation thereof in accordance with paragraph (f) of this Section. (f) The LPE will obtain a "No Further Action Letter" which pertains to the entire Project Site from a Certified Professional pursuant to Section 3746.11 of the Ohio Revised Code and the rules promulgated thereunder. The LPE shall provide a letter from the Certified Professional to the County authorizing the County to rely upon the site investigation information and the No Further Action Letter prepared and issued by the Certified Professional. The Certified Professional shall also provide evidence that' it is insured for errors and omissions which may occur in the course of preparing assessment materials and data. The site investigation shall be completed in accordance with the standards established for the Voluntary 'Action Program authorized by Chapter 3746 of the Ohio Revised Code by a Certified Professional. In the event the investigation indicates the need for remediation of the Project Site prior to the Certified 'Professional being able to provide the No Further Action Letter, the LPE will present a Remedial Action Plan prepared by the Certified Professional which is sufficient in scope to enable the Certified Professional to issue a No Further Action Letter upon completing the requirements of the Remedial Action Plan. The Remedial Action Plan should specify any required engineering controls or development deed restrictions applicable to limit the risk of'human exposure in satisfaction of the requirements of the Voluntary Action Program. The LPE shall'require the remediation contractor or the Certified Professional to provide for notice to the County of any incident or discovery of contamination or conditions that would cause' the cost of remediation to utilize more than 50% of the contingency amount for remediation included in the Approved Application. In the event that the No Further Action Letter contains restrictions on the type of development or property use, or contains operation and maintenance plan requirements for engineering controls, the LPE :agrees to ~tbide by such restrictions and requirements and to reqUire any future owner of the Project Site to abide by such restrictions and requirements by means of appropriate covenants running with the land. The County reserves the right to require the LPE to submit the No Further Action Letter to the Ohio EPA to seek.issuance of a Covenant lqlot to Sue pursuant to Chapter 3746 of the Ohio Revised Code. (g) Notwithstanding anything contained herein to the contrary, the obligation of the County to pay Eligible Project Costs pursuant to the terms and conditions of this Agreement shall expire three (3) years from the date hereof. Upon the expiration of the aforesaid period of years, the County shall not be obligated to pay any additional Eligible Project Costs to the LPE hereunder. In the event that the County, in its sole discretion, decides to pay additional Eligible Project Costs after the expiration of its obligation to do so hereunder, it shall so notify the LPE. No such decision by the County to pay any additional Eligible Project Costs hereundei' B-8