03-71 Resolution No. 03-71
RESOLUTION
AUTHORIZING EXECUTION OF A SITE REMEDIATION PROGRAM
APPLICATION AND SERVICES AGREEMENT FOR THE PROPERTY LOCATED
AT 210 NATIONAL STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that David M. Dorgan, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to execute a
Site Remediation Program Application and Services Agreement on
behalf of the City of Elgin to the Illinois Environmental
Protection Agency for the property located at 210 National Street,
a copy of which is attached hereto and made a part hereof by
reference .
Is Ed Schock
Ed Schock, Mayor
Presented: March 12 , 2003
Adopted: March 12 , 2003
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
FOR ILLINOIS EPA USE:
Lot No.
Illinois Environmental Protection Agency
Bureau of Land ❑ $500 Advance Partial Payment Included
Remedial Project Management Section ❑ DRM-2 SRP Form Included
1021 North Grand Avenue East
P.O.Box 19276 ❑ DRM-3 Request for Assessment Included
Springfield,Illinois 62794-9276 ❑ DRM-4 Tax Credit Budget Plan Included
Site Remediation Program Application and Services Agreement(DRM- 1)Form
I. Site Identification:
site Name: ELGIN CH ND D AND FAMILY RE-S.DUKCE LEWC- ,
Street Address: ZIO lWrIIONAL ST96577
City: I5 LC 1Y ZIP Code: 1•D 012d
County: 9AN e Approximate Size of Site(Acres): •�q3d
Illinois Inventory 1.D.Number: U.S.EPA I.D.Number:
Site Base Map Attached � Illinois EPA Permit(s):
LUST/IEMA Incident Number(s),if applicable:
II. Remediation Applicant("RA"):
RA's Name: GAARJC A PIFIL1PPo Title: DI.Q&Tb2 OF RXAL I✓sTATESCPK6e-
Company: I LUNOIS FACIL117ES FUND
Street Address: 300 W A DAMS , SV 17E 431
City: CHICA 50 State: /L ZIP Code: (Po 606
Phone: _(%12.� ID 29— ObbO FEIN orSSN: %3(p- 3bSb83�
1 hereby certify that I am authorized to sign this application and services agreement. I certify that the proposed project meets the
eligibility criteria set forth in Section 58.1(a)(2)of the Environmental Protection Act(415 ILCS 5/58.1(a)(2))and regulations
promulgated thereunder and that this submittal and all attachments were prepared at my direction. In consideration for the Illinois
EPA's agreement to provide(subject to applicable law,available resources,and receipt of the advance partial payment)review and
evaluation services for activities carried out pursuant to Title 17 of the Illinois Environmental Protection Act(415 ILCS 5/58-58.12),1
agree to:
(1) Conform with the procedures of Title 17 of the Illinois Environmental Protection Act(415 ILCS 5/58 -58.12)and
implementing regulations;
(2) Allow for or otherwise arrange site visits or other site evaluations by the Illinois EPA when requested;
(3) Pay any reasonable costs incurred and documented by the Illinois EPA in providing such services*;and
(4) Make an advance partial payment to the Illinois EPA for such anticipated services provided in Section V of this application.
As the Remediation Applicant,I understand that I may terminate this services agreement at any time,by notifying the Illinois EPA in
writing that services previously requested under the services agreement are no longer wanted. Within 180 days after receipt of the
notice,the Illinois EPA shall provide me with a final invoice for services provided until the date of receipt of such notification.
To the best of my kDopledge and belief,this request and all attachments are true,accurate and complete. I hereby certify that I have
the authority to eAefees o this a ree nf. `,
RA's Signature: Date: !/ v
*In addition to applicable under this Services Agreement,the recipient of a No Further Remediation Le ter must pay
to the Illinois EPA a No Further Remediation Assessment in the amount of the lesser of$2500 or an amount equal to the costs
incurred by the Illinois EPA under this Agreement(35 IAC 740.615).
IL 532 2546
LPC 565 Feb2000
III. Project Objectives:
A. Release Letter Requested. Q Comprehensive No Further Remediation("NFR")Letter
Please complete one of the
subsections by checking applicable ❑ Focused NFR Letter
boxes and including other Identify the focused contaminants of concern by checking the applicable box(es):
information(if necessary,additional
information may be attached to this ❑ Volatiles ❑BTEX PCBs ❑ Metals
application form): ❑ Semivolatiles ❑PNAs ❑ Pesticides
Other(identify):
❑ 4(y)Letter
Identify the focused contaminants of concern by checking the applicable box(es):
0 Volatiles ❑BTEX ❑PCBs ❑Metals
❑ Semivolatiles ❑PNAs ❑ Pesticides
Other(identify):
Identify the media of concern by checking applicable boxes:
❑Soil E] Sediments Other:
Identify the actions(e.g.,drum removal,spill response,etc.):
B. Identify any support services being KA No additional support services are being sought
sought from the Illinois EPA in El
with community relations
addition to the review and
evaluation services(if necessary, ❑ Environmental Remediation Tax Credit Budget Review(Attach DRM-4
additional information may be application)
attached to this application form): ❑ Sample collection and analyses
❑ Other(identify):
C. Anticipated Schedule SRP Document Projected Date of Receipt by Illinois EPA
Site Investigation Report FegPAItRy 2O 3
Remediation Objectives Report ftaLvc Z-Y Z003
Remedial Action Plan F XY 2,003
Remedial Action Completion report Z1R-y 2.004
D. Identify the current and post- Current Use:
remediation uses of the remediation
site(if necessary,additional Qk9*L%K LOT
information may be attached to this
application form):
Post-Remediation Use:
CH u,D APW Fp►WLI Rftag-ce ceTro"
N. Written Permission from the Property Owner (check one of the applicable boxes and provide
additional information):
RA is the property owner of the remediation site identified in Section I of this application.
RA is not the property owner of the remediation site identified in Section I of this application.
Property Owner's Name:
Title:
Company: City of Elgin, a municipal corporation
Street Address: 150 Dexter Court _
City. Elgin State: IL ZIP Code: 60120-5555 Phone: 847-931-5655
I hereby certify that the Remediation Applicant has my permission to enroll the site identified in Section I of this application into the
Illinois EPA Site Remediation Program. I certify that the Remediation Applicant and designated representatives have permission to
enter upon the indicated premises for the pu ose of conducting remedial investigations or activities.
Owner's Signature: Date:i//r/2003
City Manager Attest: City/Clerk
For multiple property owners,attach additional sheets containing al a to orma ion a ove a ong wI a signed,dated
certification for each.
V. Advance Partial Payment:
The Remediation Applicant shall select one of the following advance partial payment plans:
Plan 1:A$500 advance partial payment is included with this application. Please make the check payable to:"Illinois
IN Environmental Protection Agency". Please include"For Deposit in the Hazardous Waste Fund"and the Remediation
Applicant's FEIN or SSN on the check;or
E] Plan 2•Request that the Illinois EPA determine the appropriate partial payment(i.e.,approximately one-half of the total
anticipated costs of the Illinois EPA not to exceed$5,000). A completed DRM-3 form ("Request for Assessment of Advance
Partial Payment for Anticipated Services")must accompany this application so that the Illinois EPA may determine the
appropriate advance partial payment specific to the services requested.
NOTE:Illinois EPA cannot refund payments without a legislative appropriation. Payment under Plan 1 accelerates the review process
but increases the risk of forfeiting the payment if the applicant is ineligible. Payment under Plan 2 may result in a larger advance
partial payment when a final determination is made on the application,but it reduces the risk of forfeiture.
A If this application contains plans and reports for review and evaluation by the Illinois EPA,a
completed Form DRM-2 must also accompany this submittal.
The Illinois EPA is authorized to require this information under Section 415 ILCS 5/58-58.12 of the Environmental Protection Act and regulations promulgated thereunder.Disclosure of this
information is required as a condition of participation in the Site Remediation Program. Failure to do so may prevent this form from being processed and could result in your application being
rejected.This form has been approved by the Forms Management Center.All information submitted as part of this Application is available to the public except when specifically designated by the
Remediation Applicant to be treated confidentially as a trade secret or secret process in accordance with the Illinois Compiled Statutes,Section 7(a)of the Environmental Protection Act,applicable
Rules and Regulations of the Illinois Pollution Control Board and applicable Illinois EPA rules and guidelines.
ELGIN RIVERBOAT RESORT
January 13, 2003
Illinois Facilities Fund
c/o Gabriella DiFilippo
Director of Real Estate Services
300 West Adams Street
Suite 431
Chicago, Illinois 60606
Re: Parcel at Southwest Corner of Raymond Street and National Street
in Elgin, Illinois (the `'Parcel")
Ms. DiFilippo:
As you know, Elgin Riverboat Resort ("Resort") is the lessee under an Amended and
Restated Ground Lease Agreement with the City of Elgin (`City") as Lessor, as the same has
been amended (the "Ground Lease").
As Nve have discussed, Resort is prepared to amend the Ground Lease to delete the Parcel
therefrom, in order to enable the City to lease the Parcel to a third-party who will operate a child
care facility to be developed on the Parcel by the Illinois Facilities Fund (the "Fund").
Documentation for this project is being prepared by counsel for the Fund which will be subject to
review and approval by the Resort. Pending preparation- and execution of definitive
documentation, the Fund has requested access to the Parcel to conduct geotechnical and soil
compaction tests and Resort is prepared to consent thereto. This letter is intended to serve as the
terms and conditions pursuant to which the Fund, and its contractor, will enter upon the Parcel
for the foregoing purposes.
Our agreement is as follows:
1. The Fund will select a contractor for the purpose of conducting geotechnical and
soil compaction tests on the Parcel. The Fund will advise Resort, in writing, of
the selection of the contractor, its identity, the name of a contact person at the
contractor familiar with the testing program and the date on which access will be
required. Information required by the preceding sentence shall be contained in a
written notice from the Fund to Resort delivered at least two business days prior
to the intended date of testing.
2. The notice referred to in the first paragraph shall be accompanied by the
following: (1) a written indemnity from the contractor in the form attached hereto
as Exhibit A; (ii) a certificate of insurance in an amount not less than Two Million
Dollars ($2,000,000) naming the Resort as an insured party and insuring Resort
NGEDOCS:801788.1
for any losses or damages resulting from work performed on or about the Parcel
by the contractor; and (iii) evidence of worker's compensation insurance
maintained by the contractor.
;. Testing shall occur on the date referred to in the notice to Resort and on no other
date.
4. The contractor shall conduct its tests on those portions of the Parcel on which no
cars are parked and shall not unreasonably interfere with access to the Parcel by
persons using the Parcel for parking purposes. To the extent testing requires that
certain spaces be taken out of service both for the purpose of conducting the tests
and for locating equipment for that purpose. requests therefor shall be contained
in the notice designating the proposed date of testing and specifying the parking
spaces to be taken out of service.
5. After completion of testing, the contractor shall repair and restore the Parcel to its
condition prior to the testing including, without limitation, re-filling any soil
borings and patching asphalt.
This letter is intended solely to provide consent for the conduct of the testing referred to
above. Resort reserves its ri-hts with respect to all other aspects of the proposed transaction
reuarding the amendment to the Ground Lease and the development of the child care center.
Please sign the enclosed copy of this letter in the space provided indicating Your consent
and agreement hereto.
Very truly yours,
ELAVhonzed SORT
By:
ory
ACCEPTED AND AGREED TO:
ILL IS FAC LI F D —
By:
Director o Real Estate Se
NGGDOCS:801 788.1 2
EXHIBIT A
January ,200')
Elgin Riverboat Resort
Elkin, Illinois
Re: Parcel at Southwest Corner of Raymond Street and National Street
in Elkin, Illinois (the "llarcel")
Gentlemen:
The undersigned is the contractor selected by the Illinois Facilities Fund to conduct
geotechnical and soil compaction tests on the Parcel. In accordance with the agreement between
Elgin Riverboat Resort and Illinois Facilities Fund, the undersigned does hereby agree to
indemnify, defend and hold Elgin Riverboat Resort, its officers, employees, agents, and partners
free and harmless of and from any and all manner of loss, claim, damage, liability and expense
(including, without limitation, reasonable legal fees and expenses) arising out of, or relating to,
the entry, by the undersigned. or its agents, employees or subcontractors, upon the Parcel and the
conduct thereon of geotechnical and soil compaction testing.
Very truly yours,
[INSERT'f AME OF CONTRACTOR]
By:
W&DOCS:801783.1
Agenda Item No. G
City of Elgin
February 21, 2003
�r
TO• Mayor and Members of the City Council ECONOMIC GROWTH
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Illinois
Environmental Protection Agency Site
Remediation Program Application (210 National Street
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
submitting a Site Remediation Program Application and Services
Agreement to the Illinois Environmental Protection Agency for
the property at 210 National Street .
BACKGROUND
the City Council heard a presentation from
In January, 20011 proposing
representatives of the Illinois Facilities to be located at the
the development of a day care facility The
northwest corner of Raymond Street and support Stheeproposed
City Council approved a recommendation to supp ending the
"Elgin Child and Family Resources Center" , P
resolution of certain issues.
Since that time, Illinois Facilities Fund staff has worked with
City staff to accomplish the following:
1 . Obtain a conditional use for the property as a site for a
day care center.
2 . Resolve parking issues .
3 . Receive approval for site plan.
4 . Met with Elgin Heritage Commission to review architectural
designs .
IEPA Site Remediation Program Application (210 National Street)
February 21, 2003
Page 2
provider, and has secured
IFF has also selected a service P and the Grand Victoria
funding assistance from Kane County
Foundation.
IFF seeks to enter into the State' s Site Remediation Program in
order to secure a "No Further Remediation" 1.e t it fro nt the
Illinois Environmental Protection Agency. project lenders.
obtain this letter to meet the
letter
requirements
will eassure enders that the
A No Further Remediation
site has been remediated to the satisfaction of the State.
Since it is not the owner of the property, IFF must obtain the
City' s permission to enroll the site in the Site Remediation
mission Program and per to enter upon the property
remediation investigations or activities. A section of the
application requires that written permission by the property
owners be provided.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Elgin Riverboat Resort
I� FINANCIAL IMPACT
The City has budgeted $500, 000 in the 200 co Budget o i e bthe
Fund Account No. 275-0000-791 .80-38) a n a Illinois Facilities Fund for development ill not the Elgin
respons ble for
Family Resource center. The roect beyond this contribution.
any costs associated with this p p j
` n x,11 /LEGAL IMPACT
�/\1��/ None.
ALTERNATIVES
1 . Provide Illinois Facilities Fund with permission to enter
the property at 210 National Street for the purpose of to include
conduction remedial investigation activities
Site d Remediation
written permission as part of a
Program Application.
IEPA Site Remediation Program Application (210 National Street)
February 21, 2003
Page 3
2 . Reject the request from the Illinois pe ty lat 1210 National
Street the City' s permission to enter property
for such in
Street and do not provide written p
IEPA Site Remediation Program.
REC DATION
Council approve the request by
It is recommended that the City provide permission to enter the
the Illinois Facilities Fund to P of conducting
property at 210 National Street for the purpose include written
remedial investigation activities and to
permission as part of the IEPA Site Remediation Program
Application.
Respectfully submitted,
OluS olar'h
roll Int Manager
DKN/od
Attachment