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File #: 2011-1910    Version: 1
Type: Resolution Status: Passed Finally
File created: 7/19/2011 In control: Committee on Finance and Law
On agenda: Final action: 8/1/2011
Enactment date: 8/1/2011 Enactment #: 535
Effective date: 8/8/2011    
Title: Resolution authorizing the Mayor and the Director of the Department of Finance to enter into an Agreement with Phipps Conservatory and Botanical Gardens, Inc. (“Phipps”) to convey ownership of two underground storage tanks and reimburse Phipps for the cost of cleaning the tanks for final permanent closure status.
Indexes: AGREEMENTS
Attachments: 1. 2011-1910.doc

Title
Resolution authorizing the Mayor and the Director of the Department of Finance to enter into an Agreement with Phipps Conservatory and Botanical Gardens, Inc. (“Phipps”) to convey ownership of two underground storage tanks and reimburse Phipps for the cost of cleaning the tanks for final permanent closure status.

Body
Whereas, the City and Phipps Conservatory and Botanical Gardens, Inc. (“Phipps”) entered into a Lease Agreement dated July 6, 1993, for property located in Schenley Park; and

Whereas, the leased premises includes a parcel that originally housed the former Public Works Division 400 Frew Street Extension Fuel Station (the “Fuel Station”); and

Whereas, when in operation, the two (2) 12,000 gallon underground storage tanks (“USTs”) at the Fuel Station stored unleaded gasoline and diesel fuel; and

Whereas, the Fuel Station is no longer in use and the USTs have been previously categorized by the Pennsylvania Department of Environmental Protection (“DEP”) as Temporarily Out of Use; and

Whereas, Pennsylvania Statutes require USTs with a temporarily out of use status to eventually be emptied, cleaned and permanently closed; and

Whereas, Phipps now wishes to use the two USTs for water storage purposes and has spent $10,000 to clean the interior of the tanks, conduct testing for ground contamination and otherwise comply with the requirements for permanent closure; and

Whereas, the Pennsylvania Department of Environmental Protection (“DEP”) has acknowledged the cleaning and testing; and has categorized the USTs as “Final Closure Permanently Closed-in-Place.”

Whereas, the City is willing to transfer ownership of and responsibility for the USTs to Phipps, and Phipps is willing to assume liability and accept such ownership and responsibility.


Be it resolved by the Council of the City of Pittsburgh as follows:

Section 1. The Mayor and the Director of the Department of Finance are authorized to enter into an Agre...

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