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 Agreement with Phipps Conservatory and Botanical Gardens, Inc. to convey two City-owned underground storage tanks to Phipps. Pursuant to said Agreement, the City will agree to pay Phipps a sum not to exceed Seven Thousand, Five Hundred Dollars ($7,500.00) as a partial reimbursement for the cost of cleaning the tanks and conducting ground testing to comply with Pennsylvania environmental statutes. Such amount will be funded as follows:
Fund Org. Subclass BY Account Amount
1000 420000 150 2011 522200 $7,500.00