R2008-13 AUTHORIZING EXECUTION OF AGREEMENT

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� intends to perform a site investigation in the Right-of-Way and remove or dispose of contaminated soil or groundwater to the extent necessary for its work. Failure to give notice is not a violation of this Agreement. The removal or disposal shall be based upon the site investigation (which may be modified by field conditions during excavation). A copy of the site investigation report will be provided to Owner/Operator. If practicable, as reasonably determined by the City, the City may provide Owner/Operator with an opportunity to perform the Site investigation and to remove and dispose of the contaminated soil and/or groundwater necessary for the City's work in advance of that work. The Owner/Operator shall reimburse the reasonable costs incurred by the City to perform the site investigation and to dispose of any contaminated soil or groundwater, provided, however, that if notice to Owner/Operator has not been given and there was no immediate threat to health or safety, reimbursement for those costs shall be limited to $10,000.00. There is a rebuttable presumption that the Contaminants found in the highway Right-of-Way arose from the release of Contaminants from the Site. Should Owner/Operator not reimburse the reasonable costs under the conditions set forth herein, this Agreement shall be null and void, at the City's option, upon written notice to Owner/Operator by the City that those costs have not been reimbursed. Owner/Operator may cure that problem within twenty working days by making payment, or may seek to enjoin that result. 13. Written notice required by this Agreement shall be mailed to the following: If to Owner/Operator: If to City: Company: Martin & Bayley, Inc. Mayor Attn: Mr. Mark Bayley City of Decatur Street: P.O. Box 385 One Gary K. Anderson Plaza City, State, Zip: Carmi, IL 62821 Decatur, IL 62523 14. The City's sole responsibility under this Agreement with respect to others using the highway Right-of-Way under permit from the City is to include the following, or similar language, in the future standard permit provisions and to make an effort to notify its current permit holders of the following: As a condition of this permit, the permittee shall request the City to identify sites in the Right-of-Way where access to contaminated soil or groundwater is govemed by Tiered Approach to Corrective-Action Objectives ("TACO")Agreements. The permittee shall take measures before, during and after any access to these sites to protect worker safety and human health and the environment. Excavated, contaminated soil should be managed off-site in accordance with all environmental laws and regulations. Owner/Operator hereby releases the City from liability for breach of this Agreement by others under permit and agrees to defend and indemnify the City against claims that may arise from others under permit causing a breach of this Agreement. OwneN Operator agrees that its personnel, if any, at the Site who are aware of this Agreement will notify anyone they know is excavating in the Right-of-Way about this Agreement. 15. Should the City breach this Agreement, Owner/Operator's sole remedy is for an action for damages in the �Ilinois Court of Claims. Any and all claims for damages against the City, its agents, contractors, employees or its successors in interest arising at any time for a breach of paragraph 5 of this Agreement are limited to an aggregate maximum of$20,000.00. No other breach by the City, its agents, contractors, employees and its successors in interest of a provision of this Agreement is actionable in either law or equity by Owner/Operator against the City or them and Owner/Operator hereby releases the City, its agents, contractors, employees and its successors in interest for any cause of action it may have against them, other than as allowed in this paragraph, arising under this Agreement or environmental laws, regulations or