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Home My WebLink AboutResolution #1172v t RESOLUTION NO. 1172 A RESOLUTION APPROVING AN "UNDERGROUND SUBSTANCE TESTING LICENSE" BETWEEN THE CITY OF CANTON AND THE CENTRAL ILLINOIS PUBLIC SERVICE COMPANY (GIPS) WHEREAS, the Canton City Council has determined that it is necessary and in the best interest of the City of Canton that the City enter into an Underground Substance Testing License..with the Central Illinois Public Service Company (GIPS). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the foregoing recital is hereby found to be fact. 2. That the Underground Substance Testing License to be entered into by and between the City of Canton and GIPS is hereto attached as Exhibit A and. is herein fully incorporated by reference. 3. That said agreement, Exhibit A hereto, is hereby approved and the Mayor and City Clerk are authorized and directed to execute and deliver same o~ behalf of the City of Canton. 4. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 5th day of AugUSt 1986 upon a roll call vote as follows.: AYES: Aldermen Kovachevich, Tilly, Stec k., Sarff, Workman, Bohler, May, Chapman. NAYS: None. ABSENT: None. APPROVED: ~~~ , onald E. dwards, Mayor. ATTEST: :~ -(i • Nan y Whi es, City Clerk. ~~._,,~,~ ~~~~~~~lf8n ~n~~i'tlctiOnS ~o nofi p~bizsS~ 1~::i 6'U;iisi~ in t~a~'~~~h9e~ i`oem only ~.~ s~'Ui"~ii~~~ ip~ ~ ;~oe~~l ci~c~sBation ewspa .,,~. g Cifi,~ A~ ~~ :w _,~ flats UNDERGROUND SUBSTANCE TESTING LICENSE The City of Canton, a municipal corporation in Fulton County, Illinois (the "City"), in consideration for Two Dollars ($2.00) and other good and valuable consideration,, hereby grants to Central Illinois Public Service•Company, an Illinois corporation (hereinafter "GIPS"), the right, privilege, and authority to enter upon certain lands owned by the City to conduct operations to obtain samples of soil and water, from time to time, to be tested regarding the presence of pollutants from a former gas manufacturing plant operated by GIPS upon one of the parcels of City property covered by this license, all of which is a proper public use, having to do with the safeguarding and protection of the public health and safety. This license shall be upon, over, and beneath the following generally described real property owned by the City: A. The property on which the City Street and Sewer Department facilities are located on the West side of the City, South of State Route 9; B. The sites on which existing City-owned water wells are located. This license is given on the following terms and conditions: 1 1. This license agreement is for the purpose of, and shall extend to work with regard to, scientific tests including the extraction of samples of soil and water for the testing process to determine (a) the existence of any by-product from the former gas manufacturing plant which may constitute a CCG.DC.072286.2133.L.1 EXHIBIT A, 1 RESOLUTION NO. 1172 hazardous waste, (b) the quantity and extent of migration of such waste, if any, and (c) the appropriate remedial action, if any. 2. CIPS shall be entitled City property for the purpose of resistivity tests, which tests r~ of any equipment; (b) boring for which will require the boring of to enter upon the described (a) conducting electric squire no boring or installation the extraction of soil samples, small diameter holes into the ground, which shafts shall be promptly filled in upon completion of the extraction of soil samples; and (c) the drilling and operation of groundwater test wells, including right to draw samples of water from time to time. 3. CIPS agrees and covenants that the use of the City's property, including the groundwater sampling wells shall not damage the City's property or interfere with the City's use of its property, and CIPS further agrees to restore the surface to a condition substantially equivalent to that existing prior to entry upon the City's property for the tssts, drilling, and other work, and likewise to restore the surface after any subsequent maintenance, repair, replacement or removal of any underground water well. CCG.DC.072286.2133.L.1 2 4. CIPS shall further be granted the right to enter upon property of the City and withdraw water samples from existing City-owned water wells to be tested. 5. The terms of this license shall be for so long as CIPS, any agency of the State of Illinois, or any agency of the United States Government, determines that the testing of the underground water and soil at the license locations for contamination by pollutants is necessary or desirable. 6. CIPS agrees to promptly compensate the City for the cost of any electric service or other utilities provided by the City used by CIPS, its engineers, or contractors while on the City property. 7. CIPS does hereby release, indemnify and save the City harmless from and against all loss, damages, claims, demands, actions, costs and expenses of every kind and character which may result from injury to or death of any person whomsoever, including but not limited to employees, agents and contractors of the parties hereto, and for the loss or damage to property of any kind or nature to whomsoever belonging, including, but not limited to property owned by, leased to or in the care, custody and control of the parties heretin, when any such injury, death, loss or damage is caused by or arises from the construction, installation, maintenance, condition, use, presence, operation or removal of CIPS's groundwater monitoring wells upon the City's property or the presence of any of CIPS's employees, agents, contractors on the City's property pursuant to this license. CCG.DC.072286.2133.L.1 3 8. This license is subject to all easements for utility purposes or otherwise heretofore granted by the City affecting the property described in this license, and CTPS shall cooperate with the City in determining the location of the drilling of the water wells so as to avoid interference with any wires, pipes, conduits, or other preexisting use. 9. This license shall be binding upon and inure to the benefit of the parties, their successors and assigns, providing, however, that CIPS shall not assign this license or any interest therein without the City's prior written consent. DATED this day of 1986. Licensor: CITY OF CANTON, ILLINOIS Licensee: CENTRAL ILLINOIS PUBLIC SERVICE COMPANY BY: TITLE: BY: TITLE: CCG.DC.072286.2133.L.1 4 UNDERGROUND SUBSTANCE TESTING LICENSE The City of Canton, a municipal corporation in Fulton County, Illinois (the "City"), in consideration for Two Dollars ($2.00) and other good and valuable consideration, hereby grants to Central Illinois Public Service Company, an Illinois corpora- tion (hereinafter "GIPS"), the right, privilege, and authority to enter upon certain lands owned by the City to conduct opera- tions to obtain samples of soil and water, from time to time, to be tested regarding the presence of pollutants from a former gas manufacturing plant operated by GIPS upon one of the parcels of City property covered by this license, all of which is a proper public use, having to do with the safeguarding and protection of the public health and safety. This license shall be upon, over, and beneath the following generally described real property owned by the City: A. The property on which the City Street and Garbage Department facilities are located on the West side of the City, South of State Route 9; B. The sites on which existing City-owned water wells are located. This license is given on the following terms and condi- tions: 1. This license agreement is for the purpose of, and shall extend to work with regard to, scientific tests including the extraction of samples of soil and water for the testing process to determine (a) the existence of any by-product from the former gas manufacturing plant which may constitute a CCG.DC.072286.2133.L.1 1 hazardous waste, (b) the quantity and extent of migration of such waste, if any, and (c) the appropriate remedial action, if any. 2. CIPS shall be entitled to enter upon the described City property for the purpose of (a) conducting electric resist- ivity tests, which tests require no boring or installation of any equipment; (b) boring for the extraction of soil samples, which will require the boring of small diameter holes into the ground, which shafts shall be promptly filled in upon completion of the extraction of soil samples; and (c) the drilling and operation of groundwater test wells, including right to draw samples of water from time to time. 3. CIPS agrees and covenants that the use of the City's property, including the groundwater sampling wells shall not damage the City's property or interfere with the City's use of its property, and CIPS further agrees to restore the surface to a condition substantially equivalent to that existing prior to entry upon the City's property for the tests, drilling, and other work, and likewise to restore the surface after any subsequent maintenance, repair, replacement or removal of any underground water well. 4. CIPS shall further be granted the right to enter upon property of the City and withdraw water samples from existing City-owned water wells to be tested. 5. The terms of this license shall be for so long as CIPS, any agency of the State of Illinois, or any agency of the United States Government, determines that the testing of the CCG.DC.072286.2133.L.1 2 underground water and soil at the license locations for contami- nation by pollutants is necessary or desirable. 6. CIPS agrees to promptly compensate the City for the cost of any electric service or other utilities provided by the City used by CIPS, its engineers, or contractors while on the City property. 7. CIPS does hereby release, indemnify and save the City harmless from and against all loss, damages, claims, demands, actions, costs and expenses of every kind and character which may result from injury to or death of any person whomsoever, including but not limited to employees, agents and contractors of the parties hereto, and for the loss or damage to property of any kind or nature to whomsoever belonging, including, but not limited to property owned by, leased to or in the care, custody and control of the parties heretin, when any such injury, death, loss or damage is caused by or arises from the construction, installation, maintenance, condition, use, presence, operation or removal of CIPS's groundwater monitoring wells upon the City's property or the presence of any of CIPS's employees, agents, contractors on the City's property pursuant to this license. 8. This license is subject to all easements for utility purposes or otherwise heretofore granted by the City affecting the property described in this license, and CIPS shall cooperate with the City in determining the location of the drilling of the water wells so as to avoid interference with any wires, pipes, conduits, or other preexisting use. CCG.DC.072286.2133.L.1 3 9. This license shall be binding upon and inure to the benefit of the parties, their successors and assigns, providing, however, that LIPS shall not assign this license or any interest therein without the City's prior written consent. DATED this (0`-- day of ~uc~tlsT" , 1986. Licensor: CITY OF CANTON, ILLINOIS BY : ~~~ C~~d~.~~ TITLE: Mayor Licensee: CENTRAL ILLINOIS PUBLIC SERVICE COMPANY BY: TITLE: ATTEST: City Clerk CCG.DC.072286.2133.L.1 4 ~~ UNDERGROUND SUBSTANCE TESTING LICENSE The City of Canton, a municipal corporation in Fulton County, Illinois (the "City"), in consideration for Two Dollars ($2.00) and other good and valuable consideration, hereby grants to Central Illinois Public Service Company, an Illinois corpora- tion (hereinafter "GIPS"), the right, privilege, and authority to enter upon certain lands owned by the City to conduct opera- tions to obtain samples of soil and water, from time to time, to be tested regarding the presence of pollutants from a former gas manufacturing plant operated by GIPS upon one of the parcels of City property covered by this license, all of which is a proper public use, having to do with the safeguarding and protection of the public health and safety. This license shall be upon, over, and beneath the following generally described real property owned by the City: A. The property on which the City Street and Garbage Department facilities are located on the West side of the City, South of State Route 9; B. The sites on which existing City-owned water wells are located. This license is given on the following terms and condi- tions: 1. This license agreement is for the purpose of, and shall extend to work with regard to, scientific tests including the extraction of samples of soil and water for the testing process to determine (a) the existence of any by-product from the former gas manufacturing plant which may constitute a CCG.DC.072286.2133.L.1 1 ~ V hazardous waste, (b) the quantity and extent of migration of such waste, if any, and (c) the appropriate remedial action, if any. 2. LIPS shall be entitled to enter upon the described City property for the purpose of (a) conducting electric resist- ivity tests, which tests require no boring or installation of any equipment; (b) boring for the extraction of soil samples, which will require the boring of small diameter holes into the ground, which shafts shall be promptly filled in upon completion of the extraction of soil samples; and (c) the drilling and operation of groundwater test wells, including right to draw samples of water from time to time. 3. LIPS agrees and covenants that the use of the City's property, including the groundwater sampling wells shall not damage the City's property or interfere with the City's use of its property, and CIPS further agrees to restore the surface to a condition substantially equivalent to that existing prior to entry upon the City's property for the tests, drilling, and other work, and likewise to restore the surface after any subsequent maintenance, repair, replacement or removal of any underground water well. 4. CIPS shall further be granted the right to enter upon property of the City and withdraw water samples from existing City-owned water wells to be tested. 5. The terms of this license shall be for so long as CIPS, any agency of the State of Illinois, or any agency of the United States Government, determines that the testing of the CCG.DC.072286.2133.L.1 2 underground water and soil at the license locations for contami- nation by pollutants is necessary or desirable. 6. CIPS agrees to promptly compensate the City for the cost of any electric service or other utilities provided by the City used by CIPS, its engineers, or contractors while on the City property. 7. CIPS does hereby release, indemnify and save the City harmless from and against all loss, damages, claims, demands, actions, costs and expenses of every kind and character which may result from injury to or death of any person whomsoever, including but not limited to employees, agents and contractors of the parties hereto, and for the loss or damage to property of any kind or nature to whomsoever belonging, including, but not limited to property owned by, leased to or in the care, custody and control of the parties heretin, when any such injury, death, loss or damage is caused by or arises from the construction, installation, maintenance, condition, use, presence, operation or removal of CIPS's groundwater monitoring wells upon the City's property or the presence of any of CIPS's employees, agents, contractors on the City's property pursuant to this license. 8. This license is subject to all easements for utility purposes or otherwise heretofore granted by the City affecting the property described in this license, and CIPS shall cooperate with the City in determining the location of the drilling of the water wells so as to avoid interference with any wires, pipes, conduits, or other preexisting use. CCG.DC.072286.2133.L.1 3 9. This license shall be binding upon and inure to the benefit of the parties, their successors and assigns, providing, however, that CIPS shall not assign this license or any interest therein without the City's prior written consent. DATED this ~-- day of /`t~us7~' 1986. Licensor: CITY OF CANTON, ILLINOIS S\ BY : ~ G~~~~;~/ ~c oC~v-~.-~1~. TITLE: Mayor ATTEST: ~~ City Clerk CCG.DC.072286.2133.L.1 Licensee: CENTRAL ILLINOIS PUBLIC SERVICE COMPANY BY: TITLE: 4