File #: 18-1217    Version: 1 Name: Tolling Agreement with USEPA
Type: Resolution Status: Adopted
File created: 7/24/2018 In control: Law
On agenda: 8/8/2018 Final action: 8/8/2018
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Type of Service: Agreement with Governmental Entity Purpose: To execute a Tolling Agreement, for the benefit of the United States Environmental Protection Agency, which would toll the statute of limitations, for the recovery of certain response costs incurred by agency, pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") Entity Name: United States Environmental Protection Agency Entity Address: United States Department of Justice, Environmental Enforcement Section, P.O. Box 7611, Washington, D.C. 20044 Contract Amount: N/A Funding Source: N/A Contract Period: Tolling statute of limitations until February 22, 2020 Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS ( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ ( ) Private Sale ( ) Grant ( ) Sub-recipient (X) n/a Additional Infor...
Sponsors: Council of the Whole
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Agreement with Governmental Entity
Purpose: To execute a Tolling Agreement, for the benefit of the United States Environmental Protection Agency, which would toll the statute of limitations, for the recovery of certain response costs incurred by agency, pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA")
Entity Name: United States Environmental Protection Agency
Entity Address: United States Department of Justice, Environmental Enforcement Section, P.O. Box 7611, Washington, D.C. 20044
Contract Amount: N/A
Funding Source: N/A
Contract Period: Tolling statute of limitations until February 22, 2020
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 City is the current owner of certain property (Block 614, Lots 63 and 64) located at 29 Riverside Avenue, Newark, New Jersey (the "Property") which is an Environmental Superfund Site; and
WHEREAS, the Property, which consists of two (2) buildings which are in significant disrepair, has been used as an industrial park since at least the beginning of the twentieth century, and through the years, various industrial users have contaminated the Property; and
WHEREAS, in the 1990s, the City acquired the Property through tax foreclosure proceedings and some contamination may have occurred during the City's ownership of the Property beginning on or about October 1993; and
WHEREAS, on or about 1994, the City entered into a Use and Occupancy Agreement with Frey Industries Inc., a chemical warehousing and repackaging business which operated on the Property for at least seven (7) years during the City's ownership; a...

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