R2008-13 AUTHORIZING EXECUTION OF AGREEMENT

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� determination, provided, however, that this Agreement shall be effective befinreen the Owner/Operator and the City immediately upon signature by their representatives. 5. The City promises IEPA and the Owner/Operator that it will prohibit the use of groundwater that is contaminated from the release at the Site at levels above Tier 1 remediation objectives beneath its Right-of-Way as a potable or other domestic supply of water and will limit access to soil as described herein under the Right-of-Way that is contaminated from the release at the Site at levels above Tier 1 remediation objectives. As the pavement in the Right-of-Way may be considered an engineered barrier, the Owner/Operator agrees to reimburse the City for maintenance activities requested by Owner/Operator in writing in order to maintain it as a barrier. The City does not otherwise agree to perform maintenance of the Right-of-Way, nor does it agree that the highway Right-of-Way will always remain a highway or that it will maintain the Right-of-Way as an engineered barrier. 6. The Owner/Operator agrees to defend, indemnify and hold hannless the City, and other highway authorities, if any, maintaining the highway Right-of-Way by an agreement with the City, and the City's agents, contractors or employees for all obligations asserted against or costs incur�ed by them, including reasonable attorney's fees and court costs, associated with the release of Contaminants from the Site, regardless whether said obligations or costs were caused by the negligence, but not the gross negligence, of them. 7. As an additional consideration, Owner/Operator agrees to reimburse the City for the reasonable costs it has incurred in protecting human health and the environment, including, but not limited to, identifying, investigating, handling, storing and disposing of contaminated soil and groundwater in the Right-of-Way as a result of the release of Contaminants at this Site. The City has documented those costs for Owner. Those costs amount to 0.00. If costs have been incurred, a cashier's check made payable to "Treasurer, City of Decatut" shall be tendered to the City of Decatur at the time Owner/Operator fumishes a signed Agreement to the City for its signature. That check will be deposited when this Agreement is signed by all necessary parties. 8. This Agreement shall be binding upon all successors in interest to the Owner/Operator and to the interest of the City in the highway Right-of-Way. A successor in interest of the City would include a highway authority to which the City would transferjurisdiction of the highway. 9. Violation of the terms of this Agreement by Owner/Operator, or their successors in interest, may be grounds for voidance of this Agreement as a Highway Authority Agreement. Violation of the terms of this Agreement by the City will not void this Agreement, unless the IEPA has determined that the violation is grounds for voiding this Agreement as a Highway Authority Agreement and the City has not cured the violation within such time as fEPA has granted to cure the viotation. 10. This Agreement shall continue in effect from the date of this Agreement until the Right-of- Way is demonstrated to be suitable for unrestricted use and there is no longer a need for this Agreement as a Highway Authority Agreement, and the IEPA has, upon written request to the IEPA by the Owner/Operator and notice to the City, amended the notice in the chain of title of the Site to reflect unencumbered future use of that highway Right-of-Way. 11. Removed 12. This Agreement does not limit the City's ability to construct, reconstruct, improve, repair, maintain and operate a highway upon its property or to allow others to use the highway Right-of- Way by permit. To that extent, the City reserves the right and the right of those using its property under permit to remove contaminated soil or groundwater above Tier 1 residential remediation objectives from its Right-of-Way and to dispose of them as they deem appropriate not inconsistent with applicable environmental regulations so as to avoid causing a further release of the Contaminants and to protect human health and the environment. Prior to taking any such action, the City will first give Owner/Operator written notice, unless there is an immediate threat to the health or safety to any individual or to the pubiic, that it