R2008-13 AUTHORIZING EXECUTION OF AGREEMENT

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, � , TIERED APPROACH TO CORRECTIVE-ACTION OBJECTIVES AGREEMENT This Agreement is entered into this day of , 2007 pursuant to 35 III. Admin. Code Section 742.1020 by and between Martin 8� Baylev, Inc. referred to herein as "Owner/Operator," and the City of Decatur ("City"), as follows: 1. This Agreement is not binding upon the City until it is executed by the undersigned representative of the City and prior to execution; this Agreement constitutes an offer by Owner/Operator. The duly authorized representatives of Owner/Operator have signed this Agreement and this Agreement is binding upon them, their successors and assigns. 2.a. Owner/Operator is pursuing a corrective action of a Site and of the right-of-way adjacent to the boundary of the Site located at 3595 Larkdale Court. Decatur, Illinois, 62526 (the "Site"). 2.b. Attached as Exhibit A are site maps prepared by Owner/Operator which show the area of estimated contaminant impacted soil and/or groundwater at the time of this Agreement in the right-of-way above Tier 1 residential levels under 35 III. Admin. Code Part 742. Also shown in Exhibit A are tables prepared by Owner/Operator showing the concentration of contaminants of concern, hereafter°Contaminants," in soil and/or groundwater within the Site and which shows the applicable Tier 1 soil remediation objectives for residential property and Tier 1 objectives for groundwater of the Illinois Pollution Control Board ("IPCB") which are exceeded along the boundary of the Site adjacent to the Right-of-Way. The right-of-way, and only the right-of-way, as described in Exhibit B, hereinafter the"Right-of-Way," adjacent to the Site is subject to this Agreement. As the drawings in the Exhibits are not surveyed plats, the boundary of the Right- of-Way in the Exhibits may be an approximation of the actual right-of-way lines. The Right-of- Way is impractical to sample for Contaminants; however, the parties believe that the area of the Right-of-Way is adequate to encompass soil and/or groundwater within the Right-of-Way possibly impacted with Contaminants from a release at the Site. 2.c. The Illinois Emergency Management Agency (IEMA) has assigned incident number(s) 920829, and 990174 to the release at the Site. 2.d. Owner/Operator intends to request risk-based, site specific soil and/or groundwater remediation objectives from the Illinois Environmental Protection Agency ("IEPA") under 35 tll. Admin. Code Part 742. 2.e. Under these rules, use of risk-based, site specific remediation objectives in the Right-of- Way may require the use of a Highway Authority Agreement as defined in 35 III. Admin. Code Section 742.1020. 3. The City holds a fee simple interest or a dedication for highway purposes in the Right-of- Way, or the Right-of-Way is a platted street, and has jurisdiction of the Right-of-Way. For purposes of this Agreement, "jurisdiction" means that the City exercises access control over the use of groundwater beneath the Right-of-Way and over access to the soil beneath the Right-of- Way because it requires a permit for that access. 4.a. Under 35 III. Admin. Code Section 742.1020, this Agreement is intended to be an acceptable "Highway Authority Agreement"to IEPA, as the City is willing to agree that it will not allow the use of groundwater under the highway Right-of-Way as a potable or other domestic supply of water and that it will limit access as described herein to soil under the highway Right- of-Way that is contaminated from the release at levels above residential Tier 1 remediation objectives. 4.b. The IEPA and Illinois Attorney General ("AG") must review and approve this Agreement, and this Agreement shall be referenced in the IEPA's "No Further Remediation" determination in the chain of title for the Site in the county where the Site is located. 4.c. This Agreement shall be null and void as a Highway Authority Agreement should the IEPA or AG not approve it or should it not be referenced in the "No Further Remediation"