COUNCIL COMMUNICATION
TO: Honorable Mayor and Council
FROM: Kelly Garry, City Attorney
SUBJECT:Title
Action: Resolution No. 25-3805 Approving and Authorizing the City Manager to Execute the Fourth Amendment to the Environmental Access Agreement with the Arizona Department of Environmental Quality to Extend the Agreement (Bahama Avenue and Bimini Lane Site) (Kelly Garry)
Body
FUNDING SOURCE:
N/A
PURPOSE:
To consider adopting a resolution approving and authorizing execution of the Fourth Amendment to the Environmental Access Agreement to extend the Agreement until May 14, 2030.
BACKGROUND:
The Arizona Department of Environmental Quality (ADEQ) continues to investigate, monitor, and treat a privately-owned site in the area of Bahama Avenue and Bimini Lane in Lake Havasu City. The City entered into an Access Agreement with ADEQ in 2020 to allow certain monitoring wells and sampling activities to occur on City property.
Additional access areas for environmental monitoring were added by the First, Second, and Third Amendments to the Agreement. Under Paragraph 29 of the Agreement, it may be extended for two additional five-year periods. ADEQ requests the Agreement be extended an additional five years, until May 2030, by this proposed Fourth Amendment to the Agreement.
Staff evaluated the request and has no concerns with the proposed extension.
COMMUNITY IMPACT:
Working with state agencies to ensure the safety of our citizens and resources.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Resolution No. 25-3805
Fourth Amendment to Environmental Access Agreement
SUGGESTED MOTION:Recommended Action
I move to adopt Resolution No. 25-3805 approving and authorizing the City Manager to execute the Fourth Amendment to the Environmental Access Agreement with the Arizona Department of Environmental Quality.