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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 re~olut\elks .doc 2