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R-16-19 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDED AGREEMENT WITH THE ELIZABETH RIVER PROJECT FOR PARADISE CREEK NATURE PARK. WHEREAS, by Resolution R-06-48 adopted on September 26, 2006 City Council authorized an agreement with the Elizabeth River Project (ERP) and other parties (the Original Agreement) to develop Paradise Creek Nature Park, a 40-acre nature park off Victory Boulevard in the southeast portion of the City; and WHEREAS, by Resolution R-11-23 adopted on August 23, 2011 City Council authorized a First Amendment to the Agreement; and WHEREAS, over the past decade the City, ERP and other community partners, including Dominion Virginia Power and The Port of Virginia, have raised over four million dollars in state and federal grant funding and private donations to develop the park; and WHEREAS, the park property was originally acquired, and is currently owned, by an affiliate of ERP; and WHEREAS, under the terms of federal grant funding for the project and as contemplated by the Original Agreement, title to the property must be conveyed to the City; and WHEREAS, prior to conveying the property ERP intends to use its own funds to construct a building to .provide educational and staffing amenities for the park; and WHEREAS, the property will therefore be conveyed to the City subject to a ground lease so that ERP will continue to control the building and remain solely responsible for all future maintenance, utility and other expenses of the building; and WHEREAS, the City will. enter into a sublease having a five year term and an annual rent of $13,212 for the purpose of using a portion of the building and associated structures for storage and office space to house one employee of the Department of Parks, Recreation & Leisure Services; and WHEREAS, this legal structure benefits the City by providing the right to use the building while simultaneously placing clear and definite limits on the City's obligations, both with respect to cost and duration; and WHEREAS, a Second Amended Agreement for the Paradise Creek Nature Park has been negotiated by the City and ERP to govern the timing and manner of conveyance of the park property and the parties'. respective rights obligations related to the building; and