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Home My WebLink AboutRES.998.10-24-1994 BILL NO. 94-286 RESOLUTION NO. `? `�;:1' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH MERCANTILE BANK OF ST. LOUIS N.A. , AS TRUSTEE OF THE MEW SITE TRUST FUND, FOR CLEAN-UP OF THE MISSOURI ELECTRIC WORKS SITE 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 Mercantile Bank of St. Louis N.A. , as Trustee of the MEW Site Trust Fund for clean-up of the Missouri Electric Works site. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS �ti�?t�. DAY OF ��t�t�';" , 19�_. � ,. A. M. S radling, III, Mayor ATTEST: _`' � �. Gayle�: . Conrad Deputy City Clerk � . 'OC�-20-94 THU 16:50 FINCH LAW FIRM FRX N0. 3143392947 P. 02 LICSNSE AQREEMENT This License Agreement (the "Agreement" ) , made as of the day of , 1994, is by and between Mercantile Bank of St. Louis N.A. , as Trustee of the MEW Site Trust Fund ( "Truet" ) , and the City o£ Cape Girardeau, M�ssouri (t�e "City�� ) . A. The United States Environmental Protection Agency ( "EPA" ) hae determined that polychlorinated biphenyls ( '�PCBs" ) have migrated from the MiE;souri Electric Works facility located at 826 S. Kingshighway in Cape Girardeau, Missouri( "MEP1" ) and that such PCBs may have come �o be loca�ed at or beneath two parcels of real property, either owned or occupied as right ot 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 Worka, Inc, (property tax parcel number 20-316-00-04-005.00) and south of a line running along the eouthern 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 pa=cel 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 descrip�ion Exhibit A incorporated in this agreement. B. Several entities (the "Donors" ) have formed the Trust to address the PCB contamination by per�orming the Cleanup (as defined below) . C• The Trus� desires to secure permission from the City, and the City desires to provide permiesion, 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 o� the foregc,ing and o�her good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agreea as follows: 1 . License. (a) The Ci�y hereby grants (i) to the Txust and its Designees a non-exclusive license to enter upon, occupy, and use the Ci�y�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 euch actions as they deem necessary or appropriate to monitor and assess the Cleanup. (b) The Cleanup will include, but is not lim�ted to, (i) inspecting and surveyirag the City's Property, (ii) taking samples of air, water, soil, and vegetation at, on and under the City's � , '-O�T=20-94 THU 16�50 FINCH LRW FIRM FAX N0. 3143342947 P. 03 Property and wipe s�mples from surfaces of buildings and other objectB 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 inve�tigate the condition of the groundwater, and (v) using the Cxty's Property to gain access to adjoining property or properties that may be contami�ated. (c) The Txust may designate one or more persons and/or entities to act in ite place pursuant to this Agreement (the "Designees" ) . 2 . Term. This Agreement shall remain in fiull force and eftect 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 thie . Agreement and has or does exercise either a possessory or ownership right to the City 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 efforte to riotify the City, either orally or in writing, of the approximate starting time of the visit, the general nature of the activzties to be conducted at the City's Property, and the general area or areas of the City's Property to be visited. Thereatter, the Trus•t and its Designees may visit the City' s Property without prios notice. The Trust and its Designees shall take reasonable steps to avoid interfering with the City's use ot the City's Property, and shall make every effort not to interfere with road and right-of-way maintenance and repair of tk�e 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'e Property, or the MEW property. 6 . Indemnificat�,on and Damacre. (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 ite Designees in connection with the 2 OCT�2Q-94 THU 16�51 FINCH LRW FIRM FAX N0. 3143342947 P. 04 Cleanup at the City' s Property. (b) The Trust and its Designees shall leave the City' s Property in substan�i.ally the same condition in which the City's Property exists on the date the Trust or its Designees first enter the Ci�y' 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 wells installed cannot be physically removed, although the Trust or its Deaignees 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 labor�tory 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. MERCANTILE BANK OF ST. LOUIS, N.A. , ae Trustee of the MEW Site Trust Fund By: Title: CITY OF CAPE GIRARDEAU, MISSOUkI By: Title: 3 �,�CT-20-94 THU 16:51 FINCH LAW FIRM FAX N0. 3143342947 P. 05 EBHIBIT A All of the City' s interest in a11 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-o�-way being the Southern extension of Commercial Street in the City of Cape Girardeau, and all contained in Townehip 30 North, Range 13 Eaet. 4