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20041130r-04-75-1RESOLUTION NO. R-04-75. 1 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF FAIRFAX AND MOT1VA ENTERPRISES LLC WHEREAS, petroleum and other hydrocarbons were discovered in the storm sewer system in the Pickett Road area in September, 1990, and WHEREAS, the source of the petroleum and other hydrocarbons in the storm sewer has been determined to be a plume emanating from the Motiva Enterprises site on Pickett Road in the City of Fairfax, and WHEREAS, Motiva Enterprises has performed several actions in an attempt to prevent groundwater and petroleum and other hydrocarbons from entering the storm sewer, and WHEREAS, Motiva Enterprises entered into a three-year License Agreement with the City of Fairfax on December, 1996, which permitted Motiva to repair some of their previous work, and WHEREAS, a five-year extension to that agreement was granted by the City Council on November 10, 1999. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax that the City Manager is hereby authorized to execute a License Agreement with Motiva Enterprises LLC to allow a five-year extension to the November 10, 1999, License Agreement for entry into certain City easements to perform specific work in the storm sewer to assure that the storm sewer is sealed from further intrusion of groundwater and petroleum and other hydrocarbons. Adopted this 30th day of November, 2004. Mayor Attest: C~ ~erk VOTE: Councilwoman Cross Aye Councilman Greenfield Absent Councilwoman Lyon Aye Councilman Rasmussen Absent Councilman Silverthome Aye Councilmember Winter Aye