File #: 23-1075    Version: 1 Name: Second Amendment to Tolling Agreement (Riverside Avenue Site)
Type: Resolution Status: Adopted
File created: 7/5/2023 In control: Economic and Housing Development
On agenda: 8/2/2023 Final action: 8/2/2023
Title: Dept/ Agency: Economic and Housing Development Action: ( ) Ratifying (X) Authorizing ( ) Amending Type of Service: Agreement with Government Entity Purpose: Authorizing Execution of a Second Amendment to the Riverside Avenue Site Tolling Agreement for the Benefit of the United States Environmental Protection Agency ("USEPA"), Which Would Toll the Statute of Limitations Period for Certain Cost Recovery Claims Incurred by the USEPA Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act. Entity Name: United States Environmental Protection Agency Entity Address: U.S. Department of Justice, Environmental Enforcement Section, P.O. Box 7611, Washington D.C. 20044 Contract Period: Tolling Statute of Limitations Uninterrupted From August 21, 2017 through February 22, 2024 Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS ( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ ( ) Private Sale ( )...
Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Agreement with Government Entity
Purpose: Authorizing Execution of a Second Amendment to the Riverside Avenue Site Tolling Agreement for the Benefit of the United States Environmental Protection Agency ("USEPA"), Which Would Toll the Statute of Limitations Period for Certain Cost Recovery Claims Incurred by the USEPA Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act.
Entity Name: United States Environmental Protection Agency
Entity Address: U.S. Department of Justice, Environmental Enforcement Section, P.O. Box 7611, Washington D.C. 20044
Contract Period: Tolling Statute of Limitations Uninterrupted From August 21, 2017 through February 22, 2024
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( X ) n/a
Additional Information:

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WHEREAS, the purpose of this Resolution is to authorize a Second Amendment to the Riverside Avenue Site Tolling Agreement, in the form attached hereto, for the benefit of the United States Environmental Protection Agency ("USEPA") by allowing the statute of limitations for the recovery of certain response costs incurred by USEPA pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") for removal activities undertaken by USEPA at a City-owned Superfund site located at Block 614, Lots 63 and 64, also known as 29 Riverside Avenue (the Property"), to be tolled through February 22, 2024; and

WHEREAS, information indicates that the Property has been used as an industrial park facility since at least the beginning of the twentieth century and that various industrial users have contaminated the Property over the years, some of which may have occurred during th...

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