R2005-02 AUTHORIZING EXECUTION OF AGREEMENT

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, ,�' `� ; . I . , TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES AGREEMENT � This Agreement is entered into this�day of ; �I�IG�� by and between the City of Decatur, located in Macon County, Illinois ("City" ;and Good- ay, Inc., an Illinois Corporation, PO Box 3111, Peoria, IL 61615 ("Owner"). WHEREAS, the City owns, operates, maintains, or otherwise controls certain highway and public ways commonly know as North 19th Street and adjacent alleyways (collectively called "Highway") in the City and WHEREAS, the City holds a fee simple interest or a dedication for highway purposes in the Right-of-Way and has jurisdiction over it. As such,the City exercises sole control over the access to the soil and use of the groundwater beneath the Right-of-Way, and WHEREAS Owner has historically operated a facility at 1909 East Eldorado, Decatur, Illinois ("Premises") which has been used for a variety of purposes including its use as a service station and which, among other things, dispenses petroleum products from underground storage tanks ("USTs"), and WHEREAS the Owner has determined that there were or may have been releases of petroleum products from the USTs on and upon the Premises which have resulted in petroleum hydrocarbon contamination under the Premises ("Contamination"), and WHEREAS Contamination from the Premises may have traveled from the Premises into or under Highway or the Right-of-Way owned or controlled by the City, and WHEREAS, Attached as Exhibit A are site maps prepared by Owner 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 Ill. Admin. Code Part 742. Also shown in Exhibit A are tables prepared by Owner 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 Premises is subject to , this Agreement. As the drawings in the Exhibits are not surveyed plats, the boundary of the I 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 Premises, and � WHEREAS, Owner intends to request risk-based, site specific soil and/or � groundwater remediation objectives from the Illinois Environmental Protection Agency ''� ("IEPA") under 35 Ill. Admin. Code Part 742, and � t I�