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,! ` <br /> ' �ti <br /> - <br /> AGREEMENT <br /> ' �� <br /> This Agreement is entered into on this� day o ' \ , 2003 b and between the Cit of <br /> � Y Y <br /> Decatur, located in �lacon County,Illinois("City"),and Shell Oil Company,a Delaware corporation, <br /> with offices at 910 Louisiana St., Houston, Texas 77002 ("Company"). <br /> WHEREAS, the City owns,operates,maintains,or otherwise controls certain highways and <br /> public ways commonly known as North 16`�' Street and adjacent alley��ays (collectively called <br /> "Highway") in the City, and <br /> WHEREAS, the City holds a fee simple interest or a dedication for high�vay purposes in the <br /> Right-of-Way and has jurisdiction over it. As such,the City esercises sole control over the access to <br /> the soil and use of the ground��ater beneath the Right-of-Way, and <br /> WHEREAS Company has historically operated a facility at 1559 East Eldorado, Decatur, <br /> Illinois ("Premises") which has been used for a vanety of purposes including its use as a service <br /> station and which, among other things, dispenses petroleum products from underground storage <br /> tanks ("USTs"), and <br /> WHEREAS the Company has determined that there were or may have been releases of <br /> petroleum products from the USTs on and upon the Premises which have resulted in petroleum <br /> hydrocarbon contamination under the Premises ("Contamination"), and <br /> WHEREAS Contamination from the Premises may have traveled from the Premises into or <br /> under the Highway or the Right-of-Way owned or controlled by the City, and <br /> WHEREAS,Attached as Exhibit A are site maps prepared by Company which show the area <br /> of estimated contaminant impacted soil and/or groundwater at the time of this Agreement in the <br /> right-of-way above Tier 1 residential levels under 35 Ill. Admin. Code Part 742. Also shown in <br /> Exhibit A are tables prepared by Company showing the concentration of contaminants of concern, <br /> hereafter"Contaminants,"in soil and/or groundwater within the Site and which shows the applicable <br /> Tier 1 soil remediation objectives for residential property and Tier 1 objectives for groundwater of <br /> the Illinois Pollution Control Board ("IPCB") which are exceeded along the boundary of the Site <br /> adjacent to the Right-of-Way. The right-of-way, and only the right-of-way, as described in Exhibit <br /> B, hereinafter the "Right-of-Way," adjacent to the Premises is subject to this Agreement. As the <br /> drawings in the Exhibits are not surveyed plats, the boundary of the Right-of-Way in the Exhibits <br /> may be an approximation of the actual right-of-way lines. The Right-of-Way has been sampled or is <br /> impractical to sample for Contaminants; however,the parties believe that the area of the Right-of- <br /> Way is adequate to encompass soil and/or groundwater within the Right-of-Way possibly impacted <br /> with Contaminants from a release at the Premises, and <br /> 1 <br />