HomeMy WebLinkAboutSoil Contamination - Atty OpinionFRE SE, FAL LACE, NAsx & ToRPY, P. A.
ATTORNEYS AT LAw
GARY B. FREsEt
,TAMES H. FALLACE
CHARLES TAN NASH*
VINCENT G. TORPY. JR
RICHARD E. ToRPY
GREGORY S. HANSEN
J. PATRICK ANDERSON
LAURA L. ANDERSON
WILLIAM A. GRIMM
OF COUNSEL
December 17, 1991
Robert S. McClary
City Manager
City of Sebastian
P.O. Box 780127
Sebastian, FL 32780
Re: GDC Settlement Agreement
Our File No. 90-5496
930 S. HARBOR CITY BLVD.
SUITE 505
MELBOURNE, FLoRIDA 32901
(407) 984-3300
FAX (407) 951-3741
t BOARD CERTIFIED IN
TA%ATION
BOARD CERTIFIED IN
ESTATE PLANNING AND PROBATE
te0£q
After writing my first letter to you on today's date, I received
a copy in the mail of the soil analysis report from GDC. Although
Mr. Kulczycki's letter states that the samples indicate no
contamination, you should note that the letter from the testing
laboratory indicates that the samples tested were provided by GDC.
Therefore, it does not appear that these test samples were taken
by the lab. Further, you will note that only two samples were
collected. Therefore, I am not convinced that this was adequate
testing of this area.
Further, this letter from GDC confirms that there were, in fact,
underground storage tanks on this site. I believe you should give
serious consideration as to whether you want to accept this parcel
of land without further tests. If there is contamination on this
site, the clean up process could cost the City of Sebastian several
thousand dollars. Further, once you accept title to this property,
according to federal regulations, you would be required to clean
up the property.
Finally, my largest concern is that the agreement between GDC and
City of Sebastian, if entered into, will require us to take this
property without recourse against GDC. Therefore, if it is
subsequently discovered that there is soil contamination, the
entire burden will be placed upon the City of Sebastian without
rights of recourse against GDC for the clean up. I suggest that
the City attempt to negotiate a swap for a different piece of
property rather than continue through with this specific piece.
Robert S. McClary
City of Sebastian
December 17, 1991
Page -2-
I am enclosing the correspondence received from GDC for your
review. Please contact me at your earliest convenience so we can
discuss this matter further.
Sincerely,
FRESE, L CE, NASH & TORPY, P.A.
Richard E. Torpy
RET/lbg