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CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: __ “7. 3.
Resolution No. 20-R-0005 — Change in Local
Communities’ Representative — Tronox Remediation FILE NUMBER:
Project
COMMITTEE AGENDA DATE: NA
COUNCIL AGENDA DATE: 02/03/20
STAFF REVIEW: SIGNATURE
APPROVED BY CITY ADMINISTRATOR: SIGNATURE
ITEM SUMMARY:
Tony Charlton, Director of Stormwater Management, is retiring from DuPage County in May of this year;
by Resolution, he is one of the designated representatives to monitor and approve the stormwater issues
associated with the Tronox (Kerr McGee) remediation. The attached Resolution replaces his name with
the title of his position, so that his replacement, whomever it may be, will have this authority after his
retirement.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution No. 20-R-0005.
COMMITTEE RECOMMENDATION:
This item did not go to Committee as it simply changes a name to a title of the person for DuPage
County who oversees the stormwater management component of the Tronox Remediation Project.

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AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT PROVIDING
FOR THE REMOVAL OF CERTAIN RADIOACTIVE WASTES ORIGINATING
FROM A RARE EARTHS FACILITY LOCATED IN THE CITY OF WEST
CHICAGO, DUPAGE COUNTY, ILLINOIS AND CHANGE IN
LOCAL COMMUNITIES REPRESENTATIVE
This Amendment to the Intergovernmental Agreement (the “Amendment”) is
made and entered into this 11" day of February, 2020, by and between the following
parties: the City of West Chicago (“West Chicago”), the City of Warrenville
(“Warrenville”), the West Chicago Park District (the “Park District”), the Forest Preserve
District of DuPage County (the “Forest Preserve District”) and the County of DuPage
(the “County”); West Chicago, Warrenville, the Park District, the Forest Preserve District
and the County being hereinafter collectively referred to as the “Governmental Parties” or
“Parties” and singularly, a “Governmental Party” or “Party”,
WHEREAS, Section 5 of the Intergovernmental Agreement dated June 3, 2002,
named Christopher B. Burke Engineering. Ltd. and Christopher B. Burke Engineering,
West Ltd. through two of its principals, John Wills and Pat Kelsey as the “Designated
Representatives” of the Governmental Parties; and
WHEREAS, through an Amendment to the Intergovernmental Agreement on
January 22" 2013, the parties to the Intergovernmental Agreement appointed JAMIE C.
GEILS and ANTHONY CHARLTON of DuPage County as their “Designated
Representatives” for purposes of the Intergovernmental Agreement and as Local
Communities Representatives for purposes of the 2005 Agreement; and
WHEREAS, effective May 2"4, 2020, ANTHONY CHARLTON will no longer
be employed by DuPage County; and

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WHEREAS, Section 21 of the 2005 Agreement provides that the
Governmental Parties may change the Designated Representatives by giving notice to
Kerr-McGee together with the statement of qualifications of the proposed new
representative; and
WHEREAS, Weston Solutions, Inc. not individually but in its representative
capacity as the Trustee for the West Chicago Environmental Response Trust dated as of
February 14, 2011, is the successor in interest to Kerr-McGee for purposes of the
remediation contemplated by that Trust Agreement, and
WHEREAS, the parties to the Intergovernmental Agreement have determined that
along with JAMIE C. LOCK (formerly known as JAMIE C. GEILS), the DIRECTOR OF
STORMWATER MANAGEMENT is most cost-effectively able to competently
represent the parties’ interest in this cause and seek to replace ANTHONY CHARLTON
with the DIRECTOR OF STORMWATER MANAGEMENT as their Designated
Representative under the Intergovernmental Agreement and the 2005 Agreement and
have indicated their consent thereto by executing this Amendment.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual
covenants and agreements hereinafter set forth, and other good and valuable
considerations, the receipt and sufficiency of which is hereby acknowledged, the
Governmental Parties do hereby agree as follows:
The above recitals are incorporated herein and made a part of this Agreement.
The Governmental Parties hereby appoint JAMIE C. LOCK and DIRECTOR OF
STORMWATER MANAGEMENT of DuPage County as their “Designated
Representatives” for purposes of the Intergovernmental Agreement and as Local

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Communities Representatives for purposes of the 2005 Agreement, and the cost of which
shall be solely borne by DuPage County. The Designated Representatives shall provide
engineering expertise in the representation of the Governmental Parties in the negotiation
and implementation of the terms of the Clean Up Plan as provided in the
Intergovernmental Agreement and the 2005 Agreement. The Designated Representatives
shall also represent the Governmental Parties in their interaction with all appropriate
governmental regulatory agencies having jurisdiction in this matter.
With the sole exception of the above described modification of the identification
of the Designated Representatives, all other terms of the Intergovernmental Agreement
and the 2005 Agreement including but not limited to those relating to payment of such
Designated Representatives shall remain unchanged and in full force and effect.
The undersigned Parties authorize and direct JAMIE C. LOCK and DIRECTOR
OF STORMWATER MANAGEMENT to deliver this Amendment and a copy of their
qualifications to Weston Solutions, Inc., not individually but in its representative capacity
as the West Chicago Environmental Response Trust.
IN WITNESS WHEREOF, the Governmental Parties have, in each case, pursuant
to appropriate lawful authorization, set their hands and seals on the day and year first
above written.

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DUPAGE COUNTY
By: Attest:
Title: Title:
FOREST PRESERVE DISTRICT OF
DUPAGE COUNTY
By: Attest:
Title: Title:
CITY OF WEST CHICAGO, an
Illinois Municipal corporation,
By: Attest:
Title: Title:
CITY OF WARRENVILLE, an
Illinois Municipal corporation,
By: Attest:
Title: Title:
WEST CHICAGO PARK DISTRICT
By: Attest:
Title: Title: