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R-04-29 A RESOLUTION AUTHORIZING AN AGREEMENT WITH COLUMBIA GAS OF VIRGINIA FOR REDEVELOPMENT OF THE FORMER MANUFACTURED GAS PLANT SITE, LOCATED GENERALLY AT TIlE NORTHEAST CORNER OF THE INTERSECTION OF EFFINGHAM STREET AND CRAWFORD PARKWAY. WHEREAS there is a parcel of land containing approximately 3.16 acres, more or less, located generally at the northeast comer of the intersection of Effingham Street and Crawford Parkway, known generally as the former Manufactured Gas Plant site (the "Property"); and WHEREAS, the Property. was in past years used for certain manufacturing purposes, and such use has left certain environmental contaminants in the soil; and WHEREAS, the Property is now owned by Columbia Gas of Virginia ("Columbia"); and WHEREAS, Columbia has for some time been involved in remediation of this site, in compliance with applicable state and federal environmental requirements; and WHEREAS, Columbia desires to dedicate the Property to be used as a public park, and Columbia is willing to perform such design and construction work as may be needed to bring about said use, up to a mutually agreed financial cap, with the City to explore all reasonably available funding sources for remain'rog development costs, and with the Property thereafter to be leased long-term to the City for nominal rent; and WHEREAS, the City agrees that use as a public park would be desirable for the Property, and the City desires to work with Columbia toward that end; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, as follows: o ° The City Manager, acting for and on behalf of the City, is hereby authorized to enter into a non-binding Memorandum of Understanding substantially the same as the one which is attached to this resolution, once approved as to form and legality by the City Attorney. The City Manager, acting for and on behalf of the City, is further authorized and directed to negotiate a legally binding long-term lease (the "Lease"), or an equivalent document, consistent with the Memorandum of Understanding. The Lease shall be drafted so as nor to impose any significant environmental liability on the City, to the extent that such liability may legally be limited, and it shall be approved as to form and legality by the City Attorney. The Lease, once prepared and once agreed to in principal by Columbia, shall be presented to City Council for its approval by recorded vote. In negotiating the Lease, and in negotiating the plan for redevelopment and subsequent recreational use of the Property, the City Manager shall work in cooperation with appropriate representatives of the Olde Towne and Park View Neighborhoods.