Regular Village Board meetings are typically held at 7:00 p.m., the first three Tuesdays of each month in Council Chambers of Village Hall (room 201), 123 Madison St. When a Regular Meeting falls on a holiday, the meeting typically is held the following night. The Village Board also meets in special sessions from time to time. However, dates and times of Special Meetings can vary and may change.

File #: ORD 17-194    Name:
Type: Ordinance Status: Passed
In control: President and Board of Trustees
On agenda: 4/17/2017 Final action: 4/17/2017
Title: An Ordinance Approving a Highway Authority Agreement and an Environmental Indemnity Agreement between Second Century Enterprises, Inc. and the Village of Oak Park for the Property Located at 427 Madison Street and Authorizing their Execution
Attachments: 1. 03-20-17 HAA Ordinance 427Madison.pdf, 2. 427MadisonHighwayAuthorityAgreement_3-14-17.pdf, 3. EnvironmentalIndemnityAgreement_427Madison.pdf, 4. 427Madison.EPI.CAP.Dec2006.pdf
Submitted By
Bill McKenna, Village Engineer

Reviewed By
LKS

Agenda Item Title
Title
An Ordinance Approving a Highway Authority Agreement and an Environmental Indemnity Agreement between Second Century Enterprises, Inc. and the Village of Oak Park for the Property Located at 427 Madison Street and Authorizing their Execution

End
Overview
Overview
The property owner of 427 Madison Street ("Owner") seeks to secure a closure of an incident regarding a leaking underground storage tank site at the former Clark gas station with the Illinois Environmental Protection Agency (IEPA) which would include the execution of a Highway Authority Agreement (HAA) and a Limited Environmental Indemnity Agreement with the Village. A HAA identifies the areas in the right-of-way which exceeds IEPA soil remediation objectives and provides a mechanism to alert those who may need to perform any excavation work in the area. A Limited Environmental Indemnity Agreement identifies the cost responsibility for managing contaminated soils.

Body
Staff Recommendation
Approval

Fiscal Impact
There is no fiscal impact if the Ordinance is approved. The Owner has paid for all the testing and the Limited Environmental Indemnity Agreement requires the Owner to pay all costs associated with any environmental issues should the Village, or its permittees, need to perform work in the streets where there is contamination. The Owner will also pay for recording of the agreements with the Cook County Recorder of Deeds.

Background
Petroleum products from a former leaking underground storage tank at the former Clark gas station located at 427 Madison Street, the southwest corner of Madison and Elmwood, have leaked into the soils over time. Following an environmental site investigation by the Owner it was determined that soil contamination spread into the public right-of-way on Madison Street and on Elmwood Avenue.

The current owner is requesting to obtain a Highway Authority Agreement (HAA) to...

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