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Minutes 05/25/2004
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Minutes 05/25/2004
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6/9/2004 8:42:18 PM
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City Council
City Council - Type
Adopted Minutes
City Council - Date
5/25/2004
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May 25, 2004 <br /> <br />· A properly designed public park at this location would be a very positive amenity for <br />Olde Towne, Swimming Point, the Myrtles, and Park View; and it could also serve as <br />one terminus for the Path of History. <br /> <br />Financial Impact: <br /> <br />· The portion of development costs for which the City would be responsible will be <br />determined and embodied in a legally binding development agreement, to be negotiated <br />after approval of this resolution. <br /> <br />· The City will also be responsible for operating costs, once it accepts the facility. The <br />binding agreement will require approval by City Council, and reliable cost projections <br />will be provided to Council at the time the agreement is presented for consideration by <br />Council. <br /> <br /> Motion by Mr. Whitehurst, and seconded by Mr. Moody, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />"A RESOLUTION AUTHORIZING AN AGREEMENT WITH COLUMBIA GAS OF <br />VIRGINIA FOR REDEVELOPMENT OF THE FORMER MANUFACTURED GAS <br />PLANT SITE, LOCATED GENERALLY AT THE NORTHEAST CORNER OF THE <br />INTERSECTION OF EFFINGHAM STREET AND CRAWFORD PARKWAY. <br /> <br /> WHEREAS, there is a parcel of land containing approximately 3.16 acres, more <br />or less, located generally at the northeast corner of the intersection of Effingham Street <br />and Crawford Parkway, known generally as the former Manufactured Gas Plant site (the <br />"Property"); and <br /> <br /> WHEREAS, the Property was in past years used for certain manufacturing <br />purposes, and such use has left certain environmental contaminants in the soil; and <br /> <br /> WHEREAS, the Property is now owned by Columbia Gas of Virginia <br />("Columbia"); and <br /> <br /> WHEREAS, Columbia has for some time been involved in remediation of this <br />site, in compliance with applicable state and federal environmental requirements; and <br /> <br /> WHEREAS, Columbia desires to dedicate the Property to be used as a public <br />park, and Columbia is willing to perform such design and construction work as may be <br />needed to bring about said use, up to a mutually agreed financial cap, with the City to <br />explore all reasonably available funding sources for remaining development costs, and <br />with the Property thereafter to be leased long-term to the City for nominal rent; and <br /> <br /> WHEREAS, the City agrees that use as a public park would be desirable for the <br />Property, and the City desires to work with Columbia toward that end; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia, as follows: <br /> <br />The City Manager, acting for and on behalf of the City, is hereby authorized to <br />enter into a non-binding Memorandum of Understanding substantially the same <br />as the one which is attached to this resolution, once approved as to form and <br />legality by the City Attorney. <br /> <br />The City Manager, acting for and on behalf of the City, is further authorized and <br />directed to negotiate a legally binding long-term lease (the "Lease"), or an <br />equivalent document, consistent with the Memorandum of Understanding. <br /> <br />The Lease shall be drafted so as not to impose any significant environmental <br />liability on the City, to the extent that such liability may legally be limited, and it <br />shall be approved as to form and legality by the City Attorney. <br /> <br />The Lease, once prepared and once agreed to in principal by Columbia, shall be <br />presented to City Council for its approval by recorded vote. <br /> <br /> <br />
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