R2000-129 AUTHORIZING EXECUTION OF AGREEMENT

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provided, however, that if Owner/Operator has not been given notice and an opportunity to engage in the consensus process allowing it to perform that investigation and that disposal within the process described in the preceding paragraphs and there was no immediate threat to health or safety, reimbursement shall be limited to actual costs not to exceed $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 j 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 forty-five (45) working days by making payment, or may seek to enjoin that result. 12. Written notice required by this Agreement shall be mailed to the following: if to Owner/Operator: Real Estate Administration, Amoco Oil Company, 200 East Randolph Drive, Mail Code 1902A, Chicago, Illinois 60601, and if to City: City of Decatur, Director of Public Works, #1 Gary K. Anderson Plaza, Decatur, Illinois 62523. 13. 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 notify its current permit holders on its mailing list of the following: As a condition of this permit, the permittee shall request the Permit Office to identify sites in the Right-of-Way where access to contaminated soil or groundwater is governed 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 6