R93-137 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT

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� � � � 3 � C� C �� --, � . D _ ._ _ u can �� t.�:�.� Materials Company CHRISTOPHER G. WHITE PO BOX 6•50o wEST P�aiNFiE�o Roa� PRESIDENT COUNTRYSIDE IL 60525 MIDWEST DNISION TELEPHONE 708 482-6855 September 1, 1993 John W. Couter Corporation Counsel #1 Gary H. Anderson Plaza Decatur, Illinois 62523 Dear Mr. Couter: In accordance with discussions between Vulcan Materials Company, through its Midwest Division ("Vulcan"), and the City of Decatur (the "City"), and subject to the conditions set forth in this letter, Vulcan proposes to the City the following: 1. Vulcan agrees to permit the City to construct a sludge pond (the "Pond") on real property constituting Vulcan's sand and gravel operations in Decatur, Illinois (the "Operations"). The Operations are located on approlcimately seventy (70) acres of real property in Decatur, Illinois ("Vulcan's Property")which is described on Eachibit A attached hereto and made a part hereof. 2. In order to permit the City to construct the Pond, Vulcan agrees to vacate that portion of Vulcan's Property described on E�chibit A. 3. In exchange for the right to construct the Pond on Vulcan's Property, the City agrees to the following: ' a. The City will grant Vulcan the right to mine all sand and gravel from underneath a Decatur Water Works sludge pond (Lagoon #4) located on real property owned by the City (the "City's Property"), which is described on Exhibit B attached hereto and made a part hereof. The City will have Lagoon #4 cleared of sludge and available for Vulcan's use by January 1, 1994. b. The City will build an access road along the southern boundary of Vulcan's Property. c. T'he City will assume all reclamation obligations in accordance with local and state ordinances with respect to Vulcan's Property. d. The City will relocate the power line and the water line on Vulcan's Property.