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Resolution 1997-60 . . ~- - - -~ RESOLUTION NO. 97-60 RESOLUTION TO INDEMNIFY THE STATE AGAINST HAZARDOUS MATERIALS REMEDIATION FOR THE S. P. TRAIN DEPOT REHABILITATION PROJECT WHEREAS, on June 4, 1997, the California Transportation Commission (CTC) approved a State Transit Capital Improvement grant in the amount of $263,000 to be awarded to the City of Gilroy for rehabilitation of the S.P. Train Depot; and WHEREAS, as a condition of the transfer of these grant funds, the State requires formal agreement and concurrence with the provisions of the California Transportation Commission (CTC) Resolution G-91-2 regarding hazardous waste indemnification; and WHEREAS, even though all land involved in this project is owned by the Santa Clara County Transit District, and the City of Gilroy and the Santa Clara County Transit District entered into a lease for the land and building thereon, the CTC Resolution G-91-2 requires the City to indemnify the State of California from any hazardous materials remediation costs that the City might incur on this project; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Gilroy does hereby agree and concur with the provisions ofCTC Resolution G-91-2 as they may relate to this project and certifies that: I) the Santa Clara County Transit District owns all land involved with the S.P. Train Depot Rehabilitation project and the City and Santa Clara County Transit District entered into a lease for such land and the building thereon; and -1- RESOLUTION NO. 97-60 . . 2) the City of Gilroy does hereby agree to indemnify the State from all costs associated with any hazardous wastes on or below the property's surface associated with this project, including any costs to remove any hazardous waste remains in conformance with applicable State and Federal law associated with this project. PASSED AND ADOPTED this 17th day of November, 1997 by the following vote: AYES: COUNCIL.MEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, and VALDEZ NOES: COUNCIL.MEMBERS: None ABSENT: COUNCIL.MEMBERS: None ATTEST: ~~ Rhonda Pellin, City Clerk -2- RESOLUTION NO. 97-60 .. . . ~ I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 97-60 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of November, 1997, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 24th day of November, 1997. ~~ City Clerk of the City of Gilroy (Seal)