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the Board of the terms of the offer by the Halls, approved by the Board on September 16, 2008, <br />which terms were definite and in writing. She argued that for the Board to attempt to change the <br />terms of the contract at this stage would be an attempt to change the contract. She offered that in <br />the interest of compromise they would be willing to discuss potential escrow. She described the <br />forms of prevention and analyses that has been done on the site to measure the levels of <br />contamination. <br />While Attorney Barkett and Commissioner O'Bryan argued the terms of the <br />contract and whether $400,000 should be set aside in escrow for clean-up of contamination, <br />Attorney Collins explained what such action would mean, and would not recommend that <br />inclusion, because it would mean a substantive change to the contract agreed upon prior. <br />Charles Vogt, Environmental Specialist III, IRC Department of Health, answered <br />questions regarding the extent of liability for site clean-up of Mark's Mobil; whether the County <br />should escrow funds for the clean-up; and explained why it would not be necessary to attribute <br />costs to Mark's Mobil for future cleanup of the site. He pointed out that currently Mark's <br />Mobil has Federal and State required liability insurance to cover any discharge that may occur on <br />the property. As far as escrowing, there should not be any outline cost to the county for clean-up <br />because everything is already covered under one insurance or another. <br />Mr. Vogt, in response to who would be responsible for clean-up if contamination <br />is detected, stated that it would be the Early Detection Center Program (the State) for where old <br />discharges exist., and if there is a new discharge present that is not known at this point, it would <br />be covered under the Mark's Mobil's insurance. He responded to further questions from <br />Commissioners and provided further details on the subject site. <br />Commissioner Flescher expressed comfort with, and acceptance of, Legal <br />Counsels' opinions regarding non -liability to the County. <br />November 4, 2008 36 <br />