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WHEREAS, all other Member Localities have entered into Post-2018 Agreements and it <br />is in the interest of the City of Portsmouth to enter into aPost-2018 Agreement, as and to the <br />extent set forth in this Resolution; and <br />WHEREAS, the City of Portsmouth's Post-2018 Agreement shall expressly provide that <br />in the event a Development Agreement for SPSA's construction of a Transfer Station in <br />Portsmouth on terms and conditions acceptable to the City of Portsmouth is not executed by all <br />parties by January 31, 2017, the City shall have the right to terminate the Post-2018 Agreement <br />without penalty; <br />NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, <br />Virginia that Resolution R-16-18 adopted on June 28, 2016 is hereby amended and restated in its <br />entirety and shall be of no further force or effect. <br />BE IT FURTHER RESOLIVED that it is the intent of the City of Portsmouth to remain <br />a member of SPSA and to execute aPost-2018 Agreement and a Development Agreement <br />providing for the construction of a Transfer Station in Portsmouth. <br />BE IT FURTHER RESOLVED that the City Manager be, and she hereby is, authorized <br />to execute and deliver on behalf of the City a Development Agreement with SPSA for the <br />construction of a Portsmouth Transfer Station within the geographical limits of the City of <br />Portsmouth. <br />BE IT FURTHER RESOLVED that the City Manager be, and she hereby is, authorized <br />to execute and deliver on behalf of the City aPost-2018 Agreement in substantially the form <br />approved by the SPSA Board of Directors; provided however, that the Post-2018 Agreement <br />shall contain a clause expressly providing that in the event a Development Agreement for <br />SPSA's construction of a Transfer Station in Portsmouth on terms acceptable to the City of <br />Portsmouth is not executed by all parties by January 31, 2017, the City shall have the right to <br />terminate the Post-2018 Agreement without penalty. <br />ADOPTED by the Council of the City of Portsmouth, Virginia at a meeting held on <br />September 13, 2016. <br />Teste: <br />City Clerk <br />