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R-06-42 A RESOLUTION AUTHORIZING THE EXECUTION OF THE 99 YEAR GROUND LEASE AND PARK DEVELOPMENT AGREEMENT WITH COLUMBIA GAS OF VIRGINIA FOR THE FORMER MANUFACTURED GAS PLANT SITE, LOCATED GENERALLY AT THE NORTHEAST CORNER OF THE INTERSECTION OF EFFINGHAM STREET AND CRAWFORD P ARKW A Y TO BE DESIGNATED AS "FORT NELSON PARK". WHEREAS, there is a parcel of land containing approximately 3.16 acres, more or less, located generally at the northeast corner of the intersection of Effing ham 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 Columbia has for some time been involved in remediation of this site, in compliance with applicable state and federal environmental requirements; and WHEREAS, the Property is now owned by Columbia Gas of Virginia ("Columbia"); and WHEREAS, Columbia desires to dedicate the Property to be used as a public park, and is performing such design and construction work for said use, up to a mutually agreed financial cap, 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 is desirable for the Property; and that it shall be designated as "Fort Nelson Park". NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, as follows: 1. The City Manager, acting for and on behalf of the City, is hereby authorized and directed to enter into a Park Development Agreement which is substantially the same as the one which is attached to this resolution, and approved as to form and legality by the City Attorney. 2. The City Manager, acting for and on behalf of the City, is further authorized and directed to enter into a legally binding 99 year long-term lease (the "Lease") for use of the property as a park, which is substantially the same lease attached to this resolution, and approved as to form and legality by the City Attorney. 3. The Lease is drafted so as not to impose any significant environmental liability on the City, to the extent that such liability may legally be limited, and approved as to form and legality by the City Attorney. 4. The Lease and Park Development Agreement are hereby presented to City Council for its approval by recorded vote.