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2019 Resolutions
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2019 Resolutions
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EXHIBIT A <br />MEMORANDUM OF UNDERSTANDING <br />CITY FACILITIES RELOCATION <br />This document dated , 2019 is a Memorandum of <br />Understanding by and between the City of Portsmouth, Virginia (the "City ") and AHP <br />Development, LLC, a Virginia limited liability company and subsidiary of Armada Hoffler <br />Properties, Inc., a Maryland corporation ( "Armada "). <br />RECITALS <br />A. In May 2018 Armada presented the City with an unsolicited proposal for the construction <br />of a new City Hall and a new Public Safety Building, and the subsequent redevelopment of 801 <br />Crawford Street and 801 Water Street. <br />B. The City received the proposal in accordance with the Virginia Public- Private Education <br />and Infrastructure Act of 2001, as amended (the "PPEA "). As required by the PPEA, the City <br />gave public notice of the receipt of the proposal and provided the opportunity for other interested <br />parties to submit competing proposals. One additional proposal was received but the additional <br />proposal was subsequently withdrawn. <br />C. For decades the City has desired to relocate City Hall and public safety facilities from the <br />waterfront area (the "Relocation Project ") and to provide for the private development of the <br />vacated waterfront properties (the "Redevelopment Project "). The relocations are a crucial <br />component of the Crawford Gateway Revitalization Strategy. <br />D. Based on the City's preliminary analysis, the proposal submitted by Armada is worthy of <br />further discussion to determine whether the parties can reach a detailed, comprehensive and <br />binding agreement that is mutually acceptable for the Relocation Project and /or the <br />Redevelopment Project (the "Development Agreement "). <br />E. The City and Armada therefore execute this Memorandum of Understanding for the <br />purpose of confirming their mutual intent to engage in negotiations with the goal of reaching <br />agreement on the terms and conditions of a Development Agreement. <br />F. This instrument is a Memorandum of Understanding. It states the good faith intentions of <br />the parties on the subject matter hereof, but it does not create any legal rights or duties in any <br />party hereto. The parties intend to negotiate in good faith a Development Agreement that is <br />consistent with this instrument, but no party will be legally bound unless and until a <br />Development Agreement has been approved by City Council and Armada and executed by the <br />parties' duly authorized representatives. Each party shall be responsible for its own costs related <br />to negotiating the Development Agreement. <br />
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