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HomeMy WebLinkAbout99-222 Resolution No. 99-222 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR FOR A TEMPORARY WELL AT SUMMERHILL PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute an Agreement for Installation, Maintenance and Use of a Test Hole and/or Observation Well on City of Elgin Property on behalf of the City of Elgin with the United States of America Department of the Interior for a temporary well at Summerhill Park, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 25, 1999 Adopted: August 25, 1999 Omnibus Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT FOR INSTALLATION, MAINTENANCE AND USE OF A TEST HOLE AND/OR OBSERVATION WELL ON PRIVATE OR City of Elgin (Municipal Corporation) PROPERTY THIS AGREEMENT is entered into this First day of August, 1999, by and between City of Elgin (Municipal Corporation) , hereinafter called "Licensor, " and the United States of America, by and through the U.S. Geological Survey, U.S. Department of the Interior, hereinafter called "Licensee, " pursuant to the Act of December 24, 1942, as amended (43 U.S.C. sec 36b) . WITNESSETH: 1. Licensor, for and in consideration of the faithful performance by Licensee of all covenants and conditions herein contained and payment of the amount hereinafter provided, hereby consents and agrees to the excavation, installation, maintenance, and exclusive use of (describe physical characteristics of hole and/or well, maintenance facilities, and purposes of excavation, use and maintenance. ) 2-inch, flush-mounted monitoring well hereinafter collectively referred to as "Structure, " by the Licensee upon and over the property of the Licensor as described in Paragraph 2 hereof, and the Licensor grants the right of ingress to and egress from the said Structure and property described herein for the purpose stated herein. This test hole is an opening which extends into the earth and is produced by drilling or augering methods. This observation well is a hole which extends into the earth and is produced by drilling or augering, which may or may not be cased or screened, and exists solely for the purpose of obtaining geologic and hydrologic information. 2 . The said Structure shall be located on the property of Licensor as shown on attached drawing and further described as follows: (site location) Summerhill Park (Summerhill subdivision) near Thoreau Dr. ; to be determined in concert with Licensor. 3. Excavation and/or installation of said structure shall begin within 30 days or a mutually agreeable time after the effective date of this agreement. The said Structure and appurtenances thereof shall be excavated, installed and maintained in a good, safe, diligent and workmanlike manner. 4. The said Structure and appurtenances and all equipment and tools for the maintenance and use thereof placed in or upon said described property shall remain the property of the Licensee and shall be removed, filled and/or plugged, etc. , by the Licensee at its own cost and expense within a reasonable time after the expiration of this agreement or any renewal thereof. Upon removal, filling and/or plugging, etc. of said Structure and appurtenances the Licensee shall restore said property to, as nearly as possible, the same state and condition existing prior to the excavation, and/or installation of said Structure and its appurtenances. 5. The Licensee agrees to cooperate, to the extent by law, in the submittal of all claims for alleged loss, injuries, or damages to persons or property arising from the acts of Licensee's employees, acting within the scope of their employment, in the excavation, installation, use, maintenance, and/or removal of said Structure appurtenances, equipment and tools pursuant to the Federal Tort Claims Act (28 U.S.C. 2671 et seq. ) 6. As Consideration for the rights and privileges granted herein, the Licensee shall pay to the Licensor the sum of zero dollars upon presentation of bill therefor, subject to the availability of appropriations by the Congress. 7. This agreement shall become effective on the day and year first above written, and shall continue in full force and effect until terminated by Licensee at any time on 30 days written notice. 8. No Member of, or Delegate to, Congress or Resident Commissioner after his election or appointment, either before or after he has qualified and during his continuance in office, and no officer, agent or employee of the Government, shall be admitted to any share of this agreement, or to any benefit arising therefrom, but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 9. The Licensor warrants that he has not employed any person to solicit or secure this contract upon any agreement for a commission, percentage, brokerage or contingent fee. Breach of this warranty shall give the consideration, the amount of such commission, percentage, brokerage, or contingent fees. This warranty shall not apply to commissions payable by Licensor upon agreements secured or made through bona fide established 10. This agreement shall inure to the benefit of, and be binding upon, the successors, assigns, and transferees of the parties hereto, including successors of the Licensee in control of the project or the portion thereof affected by this agreement. IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written. LICENSOR: LICENSEE: NAME CITY OF ELGIN UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR ADDRESS 150 Dexter Cour , Elgin, IL GEOLOGICAL SURVEY: By a ` Title City Manager APPROV By AU/ _Byc(-- -)4-1. AU/ J District Chief Water Resources Division �.�OFp Memorandum 4 City of Elgin August 20, 1999 MEMO: TO: Nancy Roll, Paralegal FROM: Jerry Pask, Park Development Coordinator SUBJECT: Contract for SummerHill Park with U.S, Geological Survey Included you will find the original copy of the contract the U.S. Geological Survey to drill a test hole at SummerHill Park for ground water testing. I spoked with David Frothingham, from the U.S. Geological Survey and he said it would alright to change the starting date of the contract and initial it. I only received one signed copy from the U.S. Geological Survey. sumusgeo.wpd �.4 OF E4C ( I) '� City of Elgin Agenda Item No. _ ��gr vile August 6 , 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Summerhill Park: Request from the U. S. Geological Survey for Well Drilling/Sampling Permission PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an intergovernmental agreement with the U. S. Department of the Interior, Geological Survey for the installation, maintenance and use of a test hole/observation well at Summerhill Park. BACKGROUND ribk In early 1999, the Parks and Recreation Department was approached by a representative of the U.S. Geological Survey (U.S.G.S . ) requesting permission to install a testing well for sampling of ground water at Summerhill Park. The objective of the operation is to conduct a scientific study of the ground water in shallow aquifers in the surficial, unconsolidated glacial deposits . The U.S.G.S. will analyze the quality and chemical composition of water in these shallow aquifers at the water table . Site selection was done at random by the U.S. Geological Survey. The testing will be conducted at Summerhill Park for a period of two years. The U. S.G. S. will construct the 2-inch well flush with the ground with a screened or case cap. The U. S.G. S. will install, . maintain and abandon the site at its own expense and liability. The City will receive a copy of the study data following the project completion. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . INANCIAL IMPACT None . row Summerhill Park U.S. Geological Survey August 6, 1999 Page 2 list1/EGAL IMPACT None . ALTERNATIVES Do not allow the U.S .G. S. to install a temporary test well at Summerhill Park. RECOMMENDATION It is recommended that the Mayor and members of the City Council enter into an intergovernmental agreement with the U. S. Geological Survey for the installation of a temporary well at Summerhill Park for the scientific testing of ground water. Respectfully submitted, 9,„„gre.. A. RAL.- ib-s$ Joyce A. Parker City Manager 7P 0 4 0 tu - tC 0 -- , c., -• ' it4, -Tc• .., , ,......, ' . '•a -- ,../ 1.'' i A .. , ,... A' .,' ;., (a. -8/' qi, z/.7., :-... , . /...s..5e,,,e.. -zas• . .t, .4. et.a D' otly i 4 11.) 0 t..7.% -c4 7.,;4 '''';`• _1(;;*- , 5b k).It>/: ..,,,••Nv., 70 Its r.: ; tv cl,.0 V- -- ZGYS.'3S. •- , . 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