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HomeMy WebLinkAboutRES.1567.05-01-2000BILL NO. 2000-122 RESOLUTION NO. j S (S`7 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH MISSOURI ELECTRIC WORKS, INC. SITE TRUST FUND, AND STATE STREET BANK AND TRUST COMPANY OF MISSOURI, N.A., FOR REAL PROPERTY CLEANUP BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a License Agreement with Missouri Electric Works, Inc. Site Trust Fund and State Street Bank and Trust Company of Missouri, N.A., for real property cleanup. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS ��5 DAY OF 1 YI Q tl , 20 . u' ATTEST: enklav(- Gayle,L. Conrad, City Clerk A. N. Spradling, III, �a_�or LICENSE AGREEMENT This License Agreement (the "Agreement"), made as of June 1, 2000, is by and between the Missouri Electric Works, Inc. Site Trust Fund, State Street Bank and Trust Company of Missouri, N.A., Trustee ("Trust"), and the City of Cape Girardeau, Missouri (the City ). A. The United States Environmental Protection Agency ("EPA") has determined that polychlorinated biphenyls ("PCBs") have migrated from the Missouri Electric Works facility located at 826 S. Kingshighway in Cape Girardeau, Missouri ("MEW") and that such PCBs may have come to be located at or beneath two parcels of real property, either owned or occupied as right of way by the City, such parcels being (1) the portion of Commercial Street right-of-way north of a parcel of real property owned by Missouri Electric Works, Inc. (property tax parcel number 20-316-00-04-005.00) and south of a line running along the southern boundary of the pavement of Rusmar Street right-of-way, and (2) the portion of Wilson Road right-of-way east of U.S. Highway 61 right-of-way and west of a line running along the eastern boundary of a parcel of real property owned by Morrill Development Co. (property tax parcel number 20-320-00-01-001.02) (together collectively referred to as "The City's Property"). For a more accurate description of which, see the attached description Exhibit A incorporated in this agreement. B. Several entities (the "Donors") have formed the Trust to address the PCB contamination by performing the Cleanup (as defined below). C. The Trust desires to secure permission from the City, and the City desires to provide permission, for the Trust and its Designees (as defined below) and for representatives of the United States and the State of Missouri to enter onto the City's Property in order to perform the Cleanup, on the terms and conditions provided in this Agreement. Therefore, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agrees as follows: License. (a) The City hereby grants (i) to the Trust and its Designees a non-exclusive license to enter upon, occupy, and use the City's Property to allow the Trust and its Designees to perform the Cleanup, and (ii) to the United States and the State of Missouri a non-exclusive license to enter upon, occupy, and use the City's Property to perform such actions as they deem necessary or appropriate to monitor and assess the Cleanup. (b) The Cleanup will include, but is not limited to, (i) inspecting and surveying the City's Property, (ii) taking samples of air, water, soil, and vegetation at, on and under the City's Property and wipe samples from surfaces of buildings and other objects on the City's Property, (iii) digging up and removing contaminated soil and vegetation from the City's Property, (iv) installing wells on the City's Property in order to investigate the condition of the groundwater, and (v) using the City's Property to gain access to adjoining property or properties that may be contaminated. (c) The Trust may designate one or more persons and/or entities to act in its place pursuant to this Agreement (the "Designees"). 2. Term. This Agreement shall remain in full force and effect until EPA certifies to the Trust and the Donors that the Cleanup has been completed or until the end of two years from the execution of this agreement, whichever occurs sooner, or unless sooner terminated by the Trust in writing. 3. Representations. (a) The City has the authority to enter into this Agreement and has or does exercise either a possessory or ownership right to the City's Property as street right-of-way and with respect to Wilson Road, does so in conjunction with Cape Special Road District from time to time. - (b) Prior to the first visit by the Trust or its Designees to the City's Property, the Trust or its Designees shall make best efforts to notify the City, either orally or in writing, of the approximate starting time of the visit, the general nature of the activities to be conducted at the City's Property, and the general area or areas of the City's Property to be visited. Thereafter, the Trust and its Designees may visit the City's Property without prior notice. The Trust and its Designees shall take reasonable steps to avoid interfering with the City's use of the City's Property, and shall make every effort not to interfere with road and right-of-way maintenance and repair of the said right-of-way. 4. No Fee. Neither party shall pay to the other party any fee in connection with this Agreement. 5. No Admission. This Agreement shall not be construed as or deemed to be an admission of any fact, responsibility, fault, or liability in connection with the Cleanup, the City's Property, or the MEW property. 6. Indemnification and Damage. (a) The Trust shall indemnify, defend, and hold the City harmless from and against any damages to persons or property caused solely by the Trustee or its Designees in connection with the Cleanup at the City's Property. (b) The Trust and its Designees shall leave the City's Property in substantially the same condition in which the City's Property exists on the date the Trust or its Designees first enter the City's Property (except for normal wear and tear and changes not related to the Cleanup). The Trust or its Designees shall repair any property damage caused solely by the Cleanup; provided, however, that the City acknowledges and agrees that any -2- wells installed cannot be physically removed, although the Trust or its Designees will close them in accordance with applicable law after the wells are no longer needed. The Trust or its Designees shall, at the City's request, give the City a copy of all laboratory test results relating to the City's Property obtained in connection with the Cleanup. IN WITNESS WHEREOF, the parties have duly executed and delivered this Agreement as of the day and year first above written. MISSOURI ELECTRIC WORKS, INC. SITE TRUST FUND, State Street Bank and Trust Company of Missouri N.A., TRUSTEE .0 Title: CITY OF CAPE GIRARDEAU, MISSOURI Title: -3- EXHIBIT A All of the City's interest in all that part of Wilson Road right-of-way lying in the Southeast corner of Survey 222, the East half of fractional Section 12, and bounded on the East by U.S.P.S. 2199 and on the West by Missouri State Highway 61 right-of-way. Also, the South 215 feet of a 50 -foot right-of-way being the Southern extension of Commercial Street in the City of Cape Girardeau, and all contained in Township 30 North, Range 13 East. 0