NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Remediation, Office of the Director 625 Broadway, 12th Fl oor, Al bany, New Yo rk 12233-70 11 P: (518) 402-9706 I F: (51 8) 402-9020 www drc ny qov Adi Altmark MARKLAND 745 LLC 2447 Third Avenue JUL 1 9 201 9 Bronx, NY 10451 RE: Site Name: 767 East 133rd Street Site No. : C203123 Location of Site: 767 East 133rd Street, Bronx County, Bronx, NY 10454 Dear Mr. Altmark: To complete your file, attached is a fully executed copy of the Brownfield Cleanup Agreement for the 767 East 133rd Street Site. If you have any further questions relating to this matter, please contact the project attorney for this site, James Simpson, Esq., NYS Department of Environmental Conservation, Office of General Counsel, 1 Hunter's Point Plaza, 47-40 2pt Street, Long Island City, NY 11101-5401 or by email at [email protected]. Sincerely, ~ c' / Michael J. rfya~ Director Division of Environmental Remediation Enclosure ec: Steven Wu, Project Manager cc: James Simpson, Esq. Jennifer Andaloro, Esq./Lisa Kranick toroRK I Dep_artment of oR1uN11v Environmental Conservation NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION BROWNFIELD CLEANUP PROGRAM ECL §27-:1401 et seq. In the Matter of a Remedial Program for BROWNFIELD SITE CLEANUP AGREEMENT Index No. C203123-06-19 767 East 133rd Street DEC Site No:C203123 Located at: 767 East 133rd Street Bronx County Bronx, NY 10454 Hereinafter referred to as "Site" by: MARKLAND 745 LLC 2447 Third Avenue, Bronx, NY 10451 Hereinafter referred to as "Applicant" WHEREAS, the Department of Environmental Conservation ("Department") is authorized to administer the Brownfield Cleanup Program ("BCP") set forth in Article 27, Title 14 of the Environmental Conservation Law ("ECL"); and WHEREAS, the Applicant submitted an application received by the Department on April 4, 2019; and WHEREAS, the Department has determined that the Site and Applicant are eligible to participate in the BCP. NOW, THEREFORE, IN CONSIDERATION OF AND IN EXCHANGE FOR THE MUTUAL COVENANTS AND PROMISES, THE PARTIES AGREE TO THE FOLLOWING: I. Applicant Status The Applicant, MARKLAND 745 LLC , is participating in the BCP as a Volunteer as defined in ECL 27-1405(1)(b). II. Tangible Property Tax Credit Status The Department has determined that the Site is eligible for tangible property tax credits pursuant to ECL § 27-1407(1-a) because the Site is located in a City having a population of one million or more and at least half of the site area is located in an environmental zone as defined in section twenty-one of the tax law. The Applicant acknowledges that the Department made this determination in reliance on information submitted to the Department by the Applicant. 111. Real Property The Site subject to this Brownfield Cleanup Agreement (the "BCA" or "Agreement") consists of approximately 0.480 acres, a Map of which is attached as Exhibit "A", and is described as follows: Tax Map/Parcel No.: 2-2562-49 Street Number: 767 East 133rd Street, Bronx Owner: MARKLAND 745 LLC IV. Communications A. All written communications required by this Agreement shall be transmitted by United States Postal Service, by private courier service, by hand delivery, or by electronic mail. 1. Communication from Applicant shall be sent to: Steven Wu New York State Department of Environmental Conservation Division of Environmental Remediation One Hunters Point Plaza 4 7-40 21st Street Long Island City, NY 11101 [email protected] Note: one hard copy (unbound) of work plans and reports is required , as well as one electronic copy. Christine Vooris (electronic copy only) New York State Department of Health Bureau of Environmental Exposure Investigation Empire State Plaza Corning Tower Room 1787 Albany, NY 12237 [email protected] James Simpson, Esq. (correspondence only) New York State Department of Environmental Conservation Office of General Counsel One Hunters Point Plaza 4 7 -40 21st Street Long Island City, NY 11101 [email protected] 2. Communication from the Department to Applicant shall be sent to: MARKLAND 745 LLC Attn: Adi Altmark 2447 Third Avenue Bronx, NY 10451 [email protected] B. The Department and Applicant reserve the right to designate additional or different addressees for communication on written notice to the other. Additionally, the Department reserves the right to request that the Applicant provide more than one paper copy of any work plan or report. C. Each party shall notify the other within ninety (90) days after any change in the addresses listed in this paragraph or in Paragraph Ill. V. Miscellaneous A. Applicant acknowledges that it has read , understands, ~nd agrees to abide by all the terms set forth in Appendix A - "Standard Clauses for All New York State Brownfield Site Cleanup Agreements" which is attached to and hereby made a part of this Agreement as if set forth fully herein. B. In the event of a conflict between the terms of this BCA (including any and all attachments thereto and amendments thereof) and the terms of Appendix A, the terms of this BCA shall control. C. The effective date of this Agreement is the date it is signed by the Commissioner or the Commissioner's designee. DATED: THIS BROWNFIELD CLEANUP AGREEMENT IS HEREBY APPROVED, Acting by and Through the Department of Environmental Conservation as Designee JUL 19 2019 of the Commissioner, By: Mi~B1.&ector Division of Environmental Remediation CONSENT BY APPLICANT Applicant hereby consents to the issuing and entering of this Agreement, and agrees to be bound by this Agreement. STATE OF NEW YORK ) ) ss: COUNTY OF f3twf¥ ) q ~vc,: lq. On the __/ day of - - -' ~-------=.--,- in the year 20__l_, before me, the undersigned, personally appeared i c__ , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted , executed the instrument. "flll~~ S:.,INGOLD NOTARY i>O LIC-STATE OF NEW YORK No. 01 G16207823 Qudllfled In wealchester Count~ My Commission Expires June 15, 20 '<f J EXHIBIT A SITE MAP APPENDIX A STANDARD CLAUSES FOR ALL NEW YORK STATE BROWNFIELD SITE CLEANUP AGREEMENTS The parties to the Brownfield Site Cleanup 3. "IRM Work Plan" if the Work Plan Agreement (hereinafter "BCA" or "Agreement") provides for an interim remedial measure; or agree to be bound by the following clauses which are hereby made a part of the BCA. The word 4. "Site Management Plan" if the Work "Applicant" herein refers to any party to the Plan provides for the identification and Agreement, other than the New York State implementation of institutional and/or engineering Department of Environmental Conservation controls as well as any necessary monitoring (herein after "Department"). and/or operation and maintenance of the remedy. I. Citizen Participation Plan 5. "Supplemental" if additional work plans other than those set forth in II.A.1-4 are Within twenty (20) days after the effective required to be prepared and implemented. date of this Agreement, Applicant shall submit for review and approval a written citizen participation B. Submission/Implementation of Work plan prepared in accordance with the Plans requirements of Environmental Conservation Law (ECL) § 27-1417 and 6 NYCRR §§ 375-1.10 1. The first proposed Work Plan to be and 375-3.10. Upon approval, the Citizen submitted under this Agreement shall be Participation Plan shall be deemed to be submitted no later than thirty (30) days after the incorporated into and made a part of this effective date of this Agreement. Thereafter, the Agreement. Applicant shall submit such other and add itional work plans as determined in a schedule to be II. Development, Performance, and Reporting approved by the Department. of Work Plans 2. Any proposed Work Plan shall be A Work Plan Requirements submitted for the Department's review and approval and shall include, at a minimum, a The work plans ("Work Plan" or "Work chronological description of the anticipated Plans") under this Agreement shall be prepared activities to be conducted in accordance with and implemented in accordance with the current guidance, a schedule for performance of requirements of ECL Article 27, Title 14, 6 those activities, and sufficient detail to allow the NYCRR §§ 375-1 .6(a) and 375-3.6, and all Department to evaluate that Work Plan. The applicable laws, rules, regulations, and guidance Department shall use best efforts in accordance documents. The Work Plans shall be captioned with 6 NYCRR § 375-3.6(b) to approve, modify, as follows: or reject a proposed Work Plan within forty-five (45) days from its receipt or within fifteen (15) 1. "Remedial Investigation Work Plan" days from the close of the comment period , if if the Work Plan provides for the investigation of applicable, whichever is later. the nature and extent of contamination within the boundaries of the Site and , if the Applicant is a i. Upon the Department's written "Participant", the extent of contamination approval of a Work Plan, such Department­ emanating from such Site. If the Applicant is a approved Work Plan shall be deemed to be "Volunteer" it shall perform a qualitative exposure incorporated into and made a part of this assessment of the contamination emanating from Agreement and shall be implemented in the Site in accordance with ECL § 27-1415(2)(b) accordance with the schedule contained therein. and Department guidance; All work undertaken as part of a remedial program for a Site must be detailed in a 2.