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~il~~{R~ ~ `~" <br />LEGAL COUNSEL <br />Michael J. Hansen <br />BOARD OF <br />COMMISSIONERS <br />Randall Franke <br />Gary Heer <br />Mary B. Pearmine <br />ASSISTAN7 LEGAL <br />COUNSEL <br />Bruce T. Armstrong <br />Timothy T.A.)ensen <br />Gloria M. Roy <br />Jane Ellen Stonecipher <br />SEP 4 1997 <br />Marion CountiJ <br />OREGON <br />RISK MANA~EMF~ir <br />OFFICE OF LEGAL COUNSEL <br />September 3, 1997 <br />TO: Board of Commissioners <br />FROM : Mike Hansen ~ ~ ` ', , <br />Marion County Legal Counsel <br />RE: Amendment No. 1 to Purchase and Sale Agreement <br />Chevron and Marion County <br />ISSUE: Shall the Marion County Board of <br />Commissioners approve and execute Amendment No. 1 to the <br />Purchase and Sale Agreement executed by and between Chevron <br />U.S.A. and Marion County on November 16, 1994? <br />BACKGROUND: On November 16, 1994, Marion <br />County purchased the south east corner of the Senator Block <br />from Chevron U.S.A.. The agreement provided that Marion <br />County would limit it's use of the property to the surface <br />of the land until Chevron had completed environmental clean <br />up of the property. Marion County reserved the option to <br />conduct the remediation itself should it wish to make use <br />of the property prior to the time Chevron had concluded <br />it's cleanup operations. Because the County has purchased <br />the balance of the Senator Block in undertaking the <br />Courthouse Square project, Marion County has exercised it's <br />option and taken over responsibility to conduct remediation <br />activities on the Chevron lot. <br />When Marion County exercised this option, it <br />triggered an obligation for Marion County and Chevron <br />U.S.A., to agree in writing to the cost of remediation. <br />Once that amount was agreed upon, Chevron U.S.A., incurred <br />an obligation to pay 2/3 of that cost. <br />In negotiations with Chevron U.S.A., Marion <br />County has reached agreement on the estimated cost of <br />cleanup. Chevron has agreed to pay Marion County the sum <br />of $90,000.00 as it's portion of the cleanup cost. <br />FISCAL IMPACT: Marion County will incur the <br />obligation to complete remediation of the Chevron site, <br />regardless of cost. Marion County will also receive <br />530 Center Street NE, Suite 312 • Salem, Oregon 97301-3670 •(503) 588-5220 • Fax (503) 373-4sbi <br />