HomeMy WebLinkAbout6.7b A RESOLUTION AUTHORIZING A HIGHWAY AUTHORITY AGREEMENT AND ENVIRONMENTAL INDEMNITY AGREEMENT WITH GRAHAM ENTERPRISE AS INSTITUTIONAL CONTROLS TO ALLOW CONTAMINATED SOIL TO REMAIN BENEATH THE FAIRVIEW AVENUE RIGHT-OF-WAY NEAR 606 WEST NORTHWEST HIGHWAc" t
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Subject 6,7b, A RESOLUTION ■ A HIGHWAY
INSTITUTIONALAUTHORITY AGREEMENT AND ENVIRONMENTAL
INDEMNITY AGREEMENT WITH GRAHAM ENTERPRIS::
AS • TO ALLOW
CONTAMINATED SOILREMAIN BENEATH
FAIRVIEW AVENUE RIGHT-OF-WAY NEAR 606 WEST
NORTHWEST HIGHWAY,
Meeting November OF
PROSPECT BOA.
CategoryO
ActionType
Alternatives
ATTACHMENTS
Res. Highway Authority Agreement -Graham Enterprise (606 W. Northwest Hwy Mount
Prospect).pdf
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A HIGHWAY
AUTHORITY AGREEMENT AND ENVIRONMENTAL INDEMNITY
AGREEMENT WITH GRAHAM ENTERPRISE, INC.
WHEREAS, Graham Enterprise, Inc. was the owner of certain real property located at
606 West Northwest Highway, Mount Prospect, Illinois
("Graham Enterprise, Inc.'s Property"), which is located at the northwest corner of the
intersection of Northwest Highway and Fairview Avenue in Mount Prospect,
Cook County, Illinois; and
WHEREAS, an underground storage tank system owned by Graham Enterprise, Inc. or
its predecessor in interest, was present on Graham Enterprise, Inc.'s Property; and
WHEREAS, a release to the environment of petroleum hydrocarbons has occurred in the
past at the Graham Enterprise, Inc.'s Property. The groundwater and soil impacted by
compounds of concern extends beyond the Graham Enterprise, Inc.'s Property; and
WHEREAS, Graham Enterprise, Inc. has requested that the Village enter into a Highway
Authority Agreement ("HAA") as with respect to certain public highways adjacent to the
Graham Enterprise, Inc.'s Property and Graham Enterprise, Inc. seeks to enter into a
Limited Groundwater Ordinance ("LGWO") for a certain area adjacent to the Graham
Enterprise, Inc.'s Property. Protection against future claims and contamination is
provided to the Village through an Environmental Indemnity Agreement. Access to soil
and groundwater within the Right -of -Way will be limited in the manner described in the
proposed HAA. Groundwater will be restricted from use as a potable water supply
within the area described in the LGWO; and
WHEREAS, the Corporate Authorities have determined that it is in the best interests of
the Village to execute the Highway Authority Agreement attached hereto as Exhibit A
and the Environmental Indemnity Agreement as Exhibit B.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY,
ILLINOIS, ACTING PURSUANT TO ITS HOME RULE POWERS:
SECTION 1: That the Mayor and Village Clerk are hereby authorized to execute a
Highway Authority Agreement in substantial conformity with the document attached
hereto as Exhibit A and the Mayor is hereby authorized to execute an Environmental
Indemnity Agreement in substantial conformity with the document attached hereto as
Exhibit B.
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SECTION 2: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED AND APPROVED this 4th day of November, 2020.
Arlene A. Juracek
Mayor
ATTEST:
Karen Agoranos,
Village Clerk
APPROVED this 4 th day of November, 2020.
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