Brownfield Redevelopment Agreement Template

This Brownfield Redevelopment Agreement ("Agreement") is entered into as of [Date], by and between [State Environmental Agency] ("Agency") and [Developer/Property Owner] ("Participant").

1. Property Information

• Property address and legal description.
• Parcel identification numbers.
• Current and historical uses.

2. Purpose and Scope

• Facilitate investigation, remediation, and redevelopment of the property consistent with environmental regulations.
• Outline responsibilities, timelines, and liability protections for Participant.

3. Definitions

• "Remedial Action Plan", "Institutional Controls", "Engineering Controls", "Cleanup Standards", etc.

4. Participant Commitments

• Conduct Phase I/Phase II environmental site assessments.
• Submit Remedial Investigation/Feasibility Study (RI/FS).
• Prepare and implement Remedial Action Plan (RAP) approved by Agency.
• Comply with health and safety plans, community outreach requirements.

5. Agency Responsibilities

• Provide technical oversight and approvals.
• Coordinate with federal/local agencies.
• Issue regulatory determinations (No Further Action, Covenant Not to Sue) upon completion.

6. Cleanup Standards and Objectives

• Applicable cleanup levels (soil, groundwater, vapor intrusion) per state/federal guidance.
• Risk assessment methodology and exposure scenarios.

7. Institutional and Engineering Controls

• Description of land use restrictions, deed notices, monitoring wells, caps, vapor mitigation systems.
• Maintenance and inspection obligations.

8. Schedule and Reporting

• Milestones for investigations, RAP submission, remedial implementation.
• Progress reporting frequency and format.

9. Financial Assurance

• Requirement for cost estimates and financial assurance mechanisms (letters of credit, escrow).
• Reimbursement provisions for Agency oversight costs.

10. Community Involvement

• Public notice requirements, community meetings, access to documents.

11. Access and Cooperation

• Participant grants Agency access to property for inspections and sampling.

12. Liability Protections and Reservations

• Extent of liability relief provided under state Brownfield law.
• Exceptions (fraud, non-compliance, new releases).

13. Termination

• Conditions for termination upon completion or default.
• Dispute resolution procedures (negotiation, mediation, litigation).

14. Miscellaneous

• Governing law, assignment, amendment procedures, notices, severability.

15. Signatures

Participant: [Name]
By: ____
Name/Title: [ ]
Date: __

Agency: [Agency Name]
By: ____
Name/Title: [ ]
Date: __

Attach exhibits: site maps, schedule, cost estimates, RAP summary, legal descriptions.