R99-99 AUTHORIZING EXECUTION OF CONSULTING AGREEMENT

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contaminated groundwater in the Right-of-Way as a result of the release of Contaminants at this Site by the Owner/Operator. The City has documented those � costs for Owner. Those costs amount to $_Not Applicable . A cashier's check made payable to "City of Decatur" shall be tendered to the City at the time Owner/Operator furnishes a signed Agreement to the City for its signature. That check will be deposited when this Agreement is signed by all necessary parties. 8. This Agreement shall be binding upon all successors in interest to the Owner/ Operator and to the City. A successor in interest of the City would include a highway authority to which the City would transfer jurisdiction of the highway. 9. Violation of the terms of this Agreement by Owner/Operator, or their successors in interest, may be grounds for voidance of this Agreement as a Highway Authority Agreement. Violation of the terms of this Agreement by the City will not void this Agreement, unless the IEPA has determined that the violation is grounds for voiding this Agreement as a Highway Authority Agreement and the City has not cured the violation within such time as IEPA has granted to cure the violation. 10. This Agreement shall continue in effect from the date of this Agreement until the Right-of-Way is demonstrated to be suitable for unrestricted use and there is no longer a need for this Agreement as a Highway Authority Agreement, and the IEPA has, upon written request to the IEPA by the Owner/Operator and notice to the City, amended the notice in the chain of title of the Site to reflect unencumbered future use of that highway Right-of-Way. 11. This Agreement is in settlement of claims the City may have arising from the release of Contaminants into the Right-of-Way associated with incident 901026. 12. This Agreement does not limit the City's ability to construct, reconstruct, improve, repair, maintain and operate (collectively "Work") a highway upon its property or to