HomeMy WebLinkAbout94-020RESOLUTION NO. 94-20
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF PORT
TOWNSEND AUTHORIZING THE MAYOR TO EXECUTE AN
ENVIRONMENTAL AGREEMENT WITH THE PORT TOWNSEND ELKS
LODGE BPOE NO. 317 REGARDING POSSIBLE FUTURE
ENVIRONMENTAL CLEANUP LIABILITY FOR A FUEL TANK LOCATED
WITHIN CITY STREET RIGHT OF WAY.
WHEREAS, the Port Townsend Elks Lodge is in the process of selling its lodge facility
located at the intersection of Taylor and Washington Streets; and
WHEREAS, an environmental consultant working for the Elks and the purchaser of the
site have identified a fuel tank used by the Elks Club with minor contamination surrounding it
which is located in City right of way; and
WHEREAS, the Elks and the purchaser of the Elk's property have asked the City to send
a letter to the State Department of Ecology identifying the discovery of the contamination and
accepting responsibility for the contamination; and
WHEREAS, the consultant (AGI) hired by the Elks and the purchaser has provided its
opinion that the contamination does not create a risk to human health or groundwater and is not
likely to need clean up at this point in time; and
WHEREAS, however, there is some risk that a state or federal regulatory agency will
order cleanup at some future point at some expense; and
WHEREAS, the party at fault should accept responsibility for any future cleanup which
may be required and the Elks has expressed a willingness to indemnify the City against future
liability for an environmental cleanup to help accomplish the sale of its property; Now,
Therefore,
BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF PORT
TOWNSEND:
The Mayor is authorized to execute an environmental agreement with Elks Lodge 317
in substantially the form as attached hereto.
ed by th,e City Council and signed
1994.
David Grove, Clerk/Treasurer
of
fn UI1Se, Mayor
Approved as to form:
D~ri~fiis McLerran", (~ity Attorney
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