Loading...
HomeMy WebLinkAboutResolution #3024 RESOLUTION N0. 3024 A RESOLUTION APPROVING AN AGREEMENT BET(~T THE CITY OF CANTON AND FREEMAN UNITED COAL MIRING COMPANY RELATIVE TO THE INCORPORATION OF SLUDGE ON OR INTO CERTAIN REAL PROPERTY OWNED BY FREI~AN UNITED COAL MINING COMPANY WHEREAS, Freeman United Coal Mining Company by letter dated September 25, 1990 consisting of a total of seven pages has agreed to allow the City of Canton to incorporate city sludge on or into certain real property as in said Agreement more fully set forth; and, WHEREAS, the City of Canton has considered such agreement, a copy of which is attached as Exhibit A; and, WHEREAS, the Canton City Council has determined that it is necessary and in the best interest of the City of Canton, to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That the offer and Agreement, Exhibit A to this Resolution, is hereby accepted and approved by the Canton City Council in conformity with and according to the terms and conditions of said offer and agreement. 3. That the City Clerk shall certify a copy of this Resolution, with attachment, to the Freeman United Coal Mining Company immediately upon its passage. L,.. That the City Engineer and the Engineering firm of Crawford, Murphy & Tilly are hereby authorized and instructed to incorporate the terms and conditions of said offer and agreement, Exhibit A to this Resolution, into all bid specifications and bid documents for work to be awarded in the incorporation of such sludge. Q. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois. PASSED by the City Council of the City of Canton, Ftiilton County, Illinois at a regular meeting this 2nd day of October, 1990, upon a roll call vote as follows: AYES: Aldermen Kovachevich, Fuller, Steck, Sarff, Bohlen, May, Chapman. NAYS: None. ABSENT: Alderman Meade. APPROVED: Donald E. Edwards, Mayor ATTEST: Nancy Whit s, City Clerk. R Freeman United Coal Mining Company Po. sox s~o Omyon a N~ww 5«v~a Co~ooroi~pn C2fltOf1, IIIin01S 61520 309/647-0655 September 25, 1990 ._Honorable Donald E. Edwards City of Canton _ - _ __210 East Chestnut _ - - _ - Canton, IL 61520 ~ -_- Dear Mayor Edwards: On behalf of the City of Canton ("City"), yo have inquired about the availability of surface lands owned by Freeman United Coal Mining Company ("Freeman") to be used by the City for the purpose of application of digested sewage sludge ("Sludge"). It is our understanding that the City proposes to cause this Sludge to be removed from the digesters at its wastewater treatment plant and cause it to be transported by truck to the subject lands during a period running from current date to the end of the calendar year 1990. Freeman will agree to permit the City to apply and incorporate Sludge, with equipment approved by the Environmental Protection Agency, into the soils of the lands described in Exhibit A during the period running from current date to the end of the calendar year 1990, conditioned upon the City's agreement to the following: il) Prior to entry upon Freeman lands, any and all contractors and subcontractors employed by the City to perform transportation, application and incorporation of this Sludge must secure and maintain the insurance described in Exhibit B. (2) The City and its contractors and subcontractors must follow routes of access prescribed by Freeman's Farm Manager, Mr. Gene Coleman, P.O. Box 570, Canton, Illinois 61520, 309/647-0855. (3) Prior to entry upon Freeman lands by the City or by its contractors and subcontractors for the purpose of applying and incorporating Sludge, the City shall secure any and all necessary authorizations and permits from governmental agencies responsible for the issuance of same and shall provide Freeman with copies for Freeman's review. t4) The application and incorporation of Sludge shall be performed by the City or its contractors or subcontractors Honorable Donald E. Edwards Page 2 September 25, 1990 in such manner and in concentrations or at levels specifically designed to prevent any future encumbrance upon the Freeman lands for any purposes, agricultural or otherwise. (5) In the event that any law, regulation or governmental agency action requires remedial action resulting -from application and incorporation ~f this Sludge to these Freeman lands,_ the City agrees to undertake-any and a_11-- remedial action so required. ~_ xatf~~~ty /~'~'/9'0 e~~tr~tx (6) The City agrees to indemnify and save Freeman, its successors and assigns, harmless from any and all losses, costs, damages, fees, expenses, penalties, claims, demands and liabilities of any kind whatsoever asserted against, sustained by or imposed upon Freeman, its agents, principals, officers and employees, occasioned by or .associated with activities involving transportation, application and incorporation of Sludge on Freeman lands arising as a result of any act or omission to act upon or about or occupancy of the Freeman lands, including, but not limited to: (1) Any injury (or death) to person or persons or any damage (or destruction) to property occurring on or about the Freeman lands; or (2) as a result of non-compliance by the City or its contractors or subcontractors with laws, orders and directives of any applicable governmental authority pertaining to the Freeman lands. (7) The City agrees to cause each contractor and subcontractor employed by the City to indemnify and save Freeman, its successors and assigns, harmless from any and all losses, costs, damages, fees, expenses, penalties, claims, demands and liabilities of any kind whatsoever asserted against, sustained by or imposed upon Freeman, its agents, principals, officers and-employees, occasioned by or associated with activities involving transportation, application and incorporation of Sludge on Freeman lands arising as a result of any act or omission to act upon or about or occupancy of the Freeman lands, including, but not limited to: (1) Any injury (or death) to person or persons or any damage (or destruction) to property occurring on or about the Freeman lands; or (2) as a result of non-compliance by the City or its contractors or subcontractors with laws, orders and directives of any Honorable Donald E. Edwards Page 3 September 25, 1990 applicable governmental authority pertaining to the Freeman lands. (8) The City shall cause each contractor and subcontractor _ - employed by the City for the purpose of transporting, - - applying and incorporating Sludge upon Freeman lands to _ cause each employee or agent of such contractor or_ _ subcontractor to execute Freeman's standard Visitor's _ --_ Permit, Indemnity-Agreement and Release in the form and - - substance of Exhibit C attached hereto.. - - (9) The governing body of the City of Canton shall approve by resolution the undertaking of these obligations prior to entry upon the Freeman lands. +, If you have any questions in this regard, please contact me at our address and telephone number shown above. Very truly yours, Dale E. Walker Vice President of Operations - Surface Mines DEW/SMH:sg (852-1673) ~~ CAN ^l~ O N EXHIBIT ~ T. 7 N -- » ~ ~ ~ p SEE PA6f I ~ • Z ~:,.,,~., r,r.., cent T ua/ y ~ :~ li/ed f ~ NOR 1 - ~ ~ e~-r d • • L.n.~ ~ ,~ N . C treaeph ~•r /aa a/ 4 / . ate .~ pt[eaI / 'r ~ C•a / Ce ~ 1 i ,J. ,d • J. , e, ~ t • ~ 7 ~ ,.... , rry N ~ • ~VCj ,lit, • 0 ~ ~1 / /r r r0! • ~ ~ Q ~ 9 • " n•• COrRae/K~a / /C C y ~ n ~. • CenJO/.da .on rM rren.b • d O oe ...r J• ~ ~• i 1t Cea/ Co.L ~-~ C~ ~o~ 1.! . ~ , "' • . o . / H ~~~ . /:r•...er~ a ~ E BERET • ~ [h.Md /:. ,, N r et.Llrtra • rl.....~/t ./ ~ Vi0 r r CenJ•/rd•fro. JJ.aJ /ra G/n•/ed V • ' /0,f Cea/ G. I7t .7 .n.np [O. / Con•e/. . n CenJehdnf.en Y ° . ` ~ e Cba/ H.n.rae ~• 1 Cear -Co ' s °-i $ ! J/J.IJ Cea! Ce ~! e • _ -• /9nr+e t Jss~17 ~ • Jer/a • a 7Je 11 C Z O /fIN • eaeph ~ • ~_ , ® 1l1. /e / 7J Aa: . .:::::.:, Q Pen~/ ::li14 ~ t ~ ~ 8' •h~lr0/eQ o - NM t ~ N G t e~ t a, ethew Oi fL,1 L D. r •lT /~f///!r' '~ VS/ra C• C•nJe/r. a>/M Cea/ CO - / :.! ~e•I Barnard - C r C ' ~ /4 N « i ea/ N W V ~! /e • L- a.-e -~ J~ • w /Jf.e / /sue Fr.e n Canfen A'ennt•/r [/n. d ~ •• /,u ~ w Can/err s fkrk ounlr 2t Qvfna C r^• yy fittr W M • D,ah-,ct N7JJ i r 6 Cam a „a,,l ;'; M.r,ir.ch t z _ , • • e /~. a o l~ Township 7 North, Ranae 4 East Section 9: NE-1/4 SUBJECT TO a Coal Lease dated June 30, 1965 from the United Electric Coal Companies in favor of Truax-Traer Division of Consolidation Coal Company. N-1/2 SE-1/4 and East 55 acres of S-1/2 SE-1/4 SUBJECT TO a Coal Lease dated June 30, 1965 from the United Electric Coal Companies in favor of Truax-Traer Division of Consolidation Coal Company. SXIIIHIT B Insurance Requirements Insurance coverages must be in companies acceptable to Freeman United Coal Mining Company ("Freeman") as follows: - - (a) Worker's Compensation - Statutory/Employers' --Liability (#100,000). _ _ (b) Comprehensive General Liability - #1,000,000 CSL. _ : Policy sh-all -be endorsed to provide: - -_ _ _ (i) Freeman named as an additional insured; (ii) Severability of interest; (iii) That this policy is primaiy over all other valid and collectible insurance of the additional insured; (iv) Contractual liability; and (v) Product liability. (c) Automobile Liability; minimum limits of #500,000 CSL. (d) Other policies that may be required or desirable under the circumstances. (e) All policies shall provide that Freeman will be given thirty (30) days advance written notice of any change or cancellation of said policies. The contractor shall deliver insurance carrier evidencing from time to time during the in effect, that Freeman will written notice of any change and that the policy provides additional insured. to Freeman a certificate from the that such insurance is in force and term that such insurance continues be given thirty (30) days advance or cancellation of said policies, coverage for Freeman as an (852-1674) EXHIBIT C visitors Permit, Indemnity Agreement and Release hereinafter referred to ss the "Company", hereby grants permiuion to ,whose address is , to visit the property commonly known as . on the day of 19 , or for a period of days commencing the day of ' 19 ,and ending the day of , 19 . (Delete one) This Permit= is for the Sole use of the individual or individuals named above and is not assignable or transferable. The permission granted herein is wbject to the following terms and conditions: - 1. You and each of you agree to indemnify and hold the Company, General Dynamia Corporation, their wccessors and assigns, and any other pQnon lawfully upon said promises including but sot limited to sgenu, employees, ropresemitives, licensees, _ _ invitees and lessees of the Company and/or General Dynsmicx Corporation, of and from all loss, damages,_daims; or expanses including but not limited to reasonable attorneys' fees, asserted against or incurred by any such parson a tM Company or General Dynamics Corporation arising out of, incidental to a connected with tM approach to, preeena upon or entry upon the promises or activities upon tM premises of anyone, which approach to, entry upon, presence upon or activities upon said premises arises out of, is incidental to or is connected with the extrdse of any privilege or permission heroin granted, including but not limited to losses, damages, claims or expenses (including but not limited to reasonable attorneys' foes) arising out of personal injuries, death or property damage. 2. You agree to assume all risk of accident and injury to any person entering upon the promises, approaching the premises, present upon the premises, or grrying on activities upon the premises purwsnt to or in connection with or incidental to the privilege or permission herein granted, and do hereby further jointly and severally waive all rights, claims or punts of action in your or their favor or which may aaxue to yourself or them. In the avant of any injury to yourself or any person upon the premises purwant to tM permission herein granted, or damage to the proptrty of yourself or any wch person by mason of willful acts of any officers, agents or employees of the Company and/or General Dynamia Corporation, you jointly and severally acknowledge that wch willful acts on the part of wch officers, agerrts or employees of the Company and/or General Dynamia Corporation shall be deemed to be only the willful acts of such individuals and shall not be deemed in any manner authorized or ratified by the Company and/or General Dynamia Corporation, and you jointly and severally agree to pursue your legal remedies against the individuals only and to waive any and all claims that you may have in such case against the Company and/or General Dynamia Corporation. 3. No minor will be permitted upon tM premises unNss a responsible sduh shall haw signed this Permit on behalf of wch minor, and you further agree that with respect to any minor upon whose behalf you aro signing, that you roprosent and warrant and agree that you ue authorized to sign for all minon~ on whose behalf you aro signing. You further agree that - with respect to any minor who may at any time accompany you upon the premises, whether a not you have signed this Permit on wch minor's behalf, that you will save harmless and indemnify the Company and/or General Dynamics Corporation, their wccsson and assigns, employees, agenu, officers, represenUtivs, licensees, invites and lessees of and from any claim of injury or death to the person of said minors or damage to the property of said minors. 4. It is understood and agreed that you are on the premises for your own purposes and entirely and exclusively in your own interest and at your own request, and that you are not entering upon the premises as agents, servants, employees, licensees or invitees of the Company or General Dynamia Corporation. 5. Any permission or privilege heroin granted may be terminated any time by the Company and/or General Dynamic Corporation by oral or written notice to you in which went you are to immediately leave the premises, removing therefrom all of your belongings, property or other persons who lawfully or unlawfully entered the premises with you. While on the premises you will promptly follow all instructions received from the Company personnel, who are authorized to issue instructions to you. Continued on rwerse side 6. It is understood that the Company and General Dynamics Corporation do not warrant or represent the condition of said property in any manner whatsoever and that you understand that said premises have been wbject to extensive mining operations and that said premises may or may not be in safe condition and that there may or may not be latent or undisclosed defects in said prsmises. We hereby affirm that we hsve read and understand this permit and spree-to all of the terms _and conditions set forth therein as a _ - condition precedent to our entering upon the premises. - - - - - lSiptatun of applicant) Oats ~~ (Signature of applicant) pate (Signature Of applicsnt) Date IMinori (Applicant signing for Minor) -Date (Mi^orl (Applicant sgninp for Minor) Date (Minor) (Applicant signing for Minorl Date This Permit is valid only when signed by the applicant and the person authorized to sign for the Compsny. Carry this permit with you, at all times, while on the premises. • 46 2 ~ ~ To: Honorable Mayor and City Council From: James H. Malmgren, City Attorney Re: Freeman United Coal Mining Company Offer and Agreement Date: October 2, 1990 I have reviewed the offer and agreement presented to the City by Freeman United Coal Mining Company which constitutes Exhibit A to a Resolution on tonight~s agenda. The agreement is about what I would expect with the following exception: A. Numerical paragraph five at the top of page 2 of such agreement is open ended and could require the City to be responsible for damages occasioned by any act which although now legal might become illegal in the future, e.g. incorporation of sludge in a volume or amount per acre in excess of future allowable rates. This paragraph could, due to circumstances beyond the control of the City, obligate the City to substantial future expenditures.