HomeMy WebLinkAboutResolution #4096 - term sheet with navistar for the western and southern development blocks of the navistar siteRESOLUTION NO 4096
A RESOLUTION APPROVING THE TERM SHEET BETWEEN NAVISTAR, INC. AND THE
CITY OF CANTON FOR THE WESTERN AND SOUTHERN DEVELOPMENT BLOCKS OF
THE NAVISTAR SITE AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER SAID
TERM SHEET ON BEHALF OF THE CITY OF CANTON, ILLINOIS.
WHEREAS, the Legal and Ordinance Committee of the City of Canton has determined that it is necessary
and in the best interests of the City of Canton to enter into an agreement with Navistar, Inc. as set forth in Exhibit
"A" attached hereto and titled "Term Sheet" and incorporated herein, for the continued environmental clean -up of
the Western and Southern Development Blocks of the former International Harvester site located in Canton,
Illinois; and
WHEREAS, the City Council of the City of Canton has made a similar determination.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the Term Sheet attached hereto and incorporated herein as Exhibit "A" is hereby approved by the
Canton City Council.
2. That the Mayor of the City of Canton, Illinois is hereby authorized and directed to execute said Term Sheet
on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of
the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 16th day of December, 2014
upon a roll call vote as follows:
AYES: Aldermen Ellis, Justin Nelson, Lovell, Hale, West, Putrich, Pickel, Jim Nelson
NAYS: None
ABSENT: None APPROVED:
NLR Resolutions
12/12/14
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1. Navistar will be in charge of the remediation of the Western Development Block
( "WDB ") and the Southern Development Block ( "SDB ") at Navistar's expense. Navistar will use
KPRG to do the Site Investigation. Navistar will consult with Canton concerning the Site
Investigation and keep it advised of all significant developments. Navistar plans to file its Site
Investigation results with the IEPA within 9 months, or as otherwise dictated by the IEPA.
Navistar plans to submit a remediation plan to the IEPA 3 months after the filing of the Site
Investigation results, or as otherwise dictated by the IEPA. Navistar will get credit for funds
expended in connection with the Site Investigation. Canton agrees that the KPRG work shall
constitute the Site Investigation for the WDB and the SDB.
2. Canton will provide to Novistar/KPRG the information it has in electronic format
regarding the WDB and SDB.
3. The size of the required engineered barrier(s) will be dictated by EPA NFR requirements
for industrial/commercial use, but will be as small as possible. It is the parties current intention
to use clean clay, a geo- membrane and clean fill as the engineered barrier. It is anticipated that
the areas covered by the barrier will be covered with grass and sloped appropriately. Canton and
Navistar will consult on the portion of the WDB not covered by an engineered barrier. The
parties also intend to agree on the general parameters of a remediation plan for the WDB and the
SDB.
4. Based on the parties current intention to not rernove concrete on the WDB and SDB for
non- remediation purposes, Navistar would use the funds in the current escrow to pay for the Site
Investigation and all remediation- related work until the balance in that escrow is reduced to
$100,000 (subject to further negotiation). At that point, assuming that no concrete is removed,
the $ 100,000 balance will be made available to Canton without restriction, as long as it is used at
the WDB and/or SDB.
5. Once NFRs are obtained, Canton will give a full release to Navistar, subject to Navistar's
remaining responsible to remove any newly discovered USTs, regardless when they may be
discovered.
6. Navistar and Canton agree that any future development on the WDB and/or the SDB will
require the developer to maintain the NFRs.
7. It is Navistar's desire to be the Remedial Applicant.
S. Canton and Navistar will advise the Judge in the Fulton County case regarding the status
of the parties efforts and ask that the Judgc retain jurisdiction to enforce the parties further
agreements. Once NFRs are obtained, Canton will dismiss the case, with prejudice.
9. The parties intend to enter into a more formal agreement regarding the remediation once
the Site Investigation test results are available.
ACCEPTED AND AGREED TO:
CITY OF CANTON
BY:
Its Mayor, eff F '
Dated:
NAVISTAR, INC.
el and D or of Environmental Affairs, Christophar Perian
r
Dated: /T.-i 3 L.Pdl
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