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R-11-23 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AGREEMENT WITH THE ELIZABETH RIVER PROJECT AND THE VIRGINIA PORT AUTHORITY FOR PARADISE CREEK NATURE PARK. WHEREAS, in 2006, the City executed an agreement with the Elizabeth River Project (ERP) and the Virginia Port Authority (VP A) to develop Paradise Creek Park, a 40-acre nature park off Victory Boulevard in the southeast portion of the City; and WHEREAS, in the Agreement, the VP A committed to construct the tidal marsh lands, ERP committed to construct the park and its amenities, and the City committed to accepting ownership and operation and maintenance upon completion; and WHEREAS, since 2006, ERP obtained a grant for the trails portion of the Park from the Department of Conservation and Recreation which requires that the trails be open to public upon completion in December 2012; and WHEREAS, economic conditions have made it difficult for ERP to raise funds for construction of all elements prior to the City's acceptance of ownership, thereby giving rise to the need for an Amended Agreement; and WHEREAS, the proposed Amended Agreement (a) breaks the construction of the elements into three phases, (b) commits the City to begin maintaining the trails when ERP completes their construction in December 2012, and (c) commits ERP to continue to own and provide liability insurance for the Park with the City as a named insured until ERP completes construction of Phase II on or before December 15,2015. NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia that it hereby approves the changes to the 2006 Agreement among the Elizabeth River Project and the Virginia Port Authority as set out above and authorizes the City Manager or his designee to execute an Amended Agreement setting out such changes to the 2006 Agreement. ADOPTED by the Council of the City of Portsmouth, Virginia at a meeting held on August 23, 2011. Teste: City Clerk