R2005-01 AUTHORIZING EXECUTION OF AGREEMENT

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y 4` � agree that it will not allow the use of groundwater under the highway Right-of-Way as a 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/or 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 tlle IEPA or AG not approve it or should it not be referenced in the "No Further Remediation" determination, provided, however, that this Agreement shall be effective between the Owner/Operator and he City immediately upon signature by their representatives. 5. The City promises IEPA and the Owner/Operator that is 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 limited 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, nar does it agree that the highway Right-of-Way will always remain a highway or that it