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". .It MEMORANDUM OF UNDERSTANDING Between the Southeast Virginia Community Foundation and the City of Portsmouth, Virginia This Memorandum of Understanding (MOU) is made between the Southeast Virginia Community Foundation, hereafter referred to as "SVCF", whose offices are located at , Portsmouth, Virginia, and the City of Portsmouth, Virginia, hereafter referred to as the "City", and the City Manager's office is located at 801 Crawford Street, Portsmouth, Virginia, 23704, the parties hereto. WHEREAS, the SVCF is an independent, non-profit organization that raises funds to improve the quality of life in southeast Virginia, including the City of Portsmouth, and WHEREAS, the City of Portsmouth, up until the summer of 2006, operated Pokey Smokey, a miniature train ride at Portsmouth City Park. Thereafter, the City of Portsmouth sold the train, and the funds from the sale were deposited with the Portsmouth Community Foundation (now the Southeast Virginia Community Foundation, "SVCF") to be used toward purchase of a new train. WHEREAS, the SVCF committed to raising the remainder of the funds from the community, and it has raised sufficient funds to purchase a new miniature train for Portsmouth City Park (locomotive and one passenger coach). WHEREAS, the SVCF wishes to purchase and donate the train to the City for the benefit the citizens of the City, NOW THEREFORE, in consideration of accomplishing this purpose, the parties hereto agree to the following mutual goals and responsibilities with regard to purchase and operation of the new train at Portsmouth City Park. I. OBLIGATIONS. A. Resolution. Upon approval of a resolution by the City Council, authorizing the City Manager to enter into this MOU and to accept the gift of the new Pokey Smokey on behalf of the City, and, to operate and maintain it for the benefit of its citizens, the City Manager will enter into this MOU with SVCF. B. The Plan. The SVCF Executive Director and the Deputy City Manager, on behalf of the City Manager, and Parks and Recreation staff have agreed on the planned purchase, implementation timeline, and train maintenance responsibilities. The parties agree that the plan of the Chance Morgan C.P. Huntington replica train, dome lights, an amplifier and speaker system, and the online mechanical diagnostic system. The train is to be any color except black locomotive with red cars. The preferred color scheme will match the former Pokey Smokey train as closely as possible, to be described by the City in a separate letter. The train will consist of the locomotive and one coach. The coach will be accessible under the ADA and will include a wheelchair position.