R2023-206 Resolution Authorizing a Highway Authority Agreement and Environmental Indemnity Agreement between the City of Decatur and Ameren Illinois for Portions of the City Right of Way on Wood Street and Industry Court

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EXHIBIT B I ENVIRONMENTAL INDEMNITY AGREEMENT This ENVIRONMENTAL INDEMNITY AGREEMENT ("Agreement") is entered into as of the 2nd day of October, 2023,by Ameren Illinois ("Indemnitor") and the City of Decatur, Macon County, Illinois (the "City"). RECITALS A. WHEREAS, Indemnitor was the owner of certain real property located at 515 East Main Street, Decatur, Illinois ("Indemnitor's Property"), which is located at the corner of East Main Street and Martin Luther King Jr. Drive, in Decatur, Macon County, Illinois. B. WHEREAS, a manufactured gas plant operation owned by Indemnitor or its predecessor in interest, was present on Indemnitor's Property; and C. WHEREAS, a release to the environment of contaminants has occurred in the past at the Indemnitor's Property. As a result of said release, the soil and groundwater at the Indeinnitor's Property contains detectable concentrations of Constituents of Concern ("COC") as identified in Exhibits A and B of the Highway Authority Agreement attached hereto (Exhibit A). The groundwater and soil impacted by COC extends beyond the Indemnitor's Property. Soil and groundwater contamination at the Indemnitor's Property has been remediated in alignment with the Illinois Site Remediation Program (LPC # 1150150110); and D. WHEREAS, the Indemnitor has requested that the City enter into a Highway Authority Agreement ("HAA") with respect to certain public highways adjacent to the Indemnitor's Property as identified in Exhibit A(the"ROW"). The ROW is the area that is the subject of the HAA and shall be the area in, under and adjacent to Indemnitor's Property which is within the jurisdiction of the City as described and set forth in the HAA. E. NOW, THEREFORE, in consideration of the terms and covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. This Environmental Indemnity Agreement("Agreement") is not binding upon the City or the Indemnitor until it is executed by the undersigned representative of the City and, prior to execution, this Agreement constitutes an offer by Indemnitor. This Agreement is binding upon Indemnitor, its successors and assigns, once executed by the City. 2. The City agrees that it will agree to the terms of the HAA in the form attached as Exhibit A, and this Agreement is intended to supplement the parties' rights and obligations provided for in the HAA provided, however, that if the City does not enter I