Minutes 08/23/2011 - Laserfiche WebLink

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AUQust 23. 2011 . Since 2006, circumstances have changed giving rise to a proposed Amended Agreement. Notably, economic conditions have made it difficult for ERP to raise funds for construction of all elements up front, and the Department of Conservation & Recreation trail grant which ERP subsequently obtained requires that trails be open to public upon completion in December 2012. Discussion: The proposed Amended Agreement: . breaks the construction of the elements into three phases (Agreement Exhibit C), . commits the City to begin maintaining the trails when ERP completes their construction in December 2012, and . 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. Financial Impact: . The estimated FY13 operating impact for park maintenance staff, supplies & materials, and initial mowing equipment is $112,129. These funds are currently not included in the FY13 budget. Staff Recommends: . Adoption of resolution. Vision Principles: Bold New Directions; World Class Maritime Center; Thriving Neighborhoods and a Sense of Community; Lifelong Learning Community. Next Steps Following Council Action: . City Manager executes the Amended Agreement. . VPA and ERP continue with design and construction of Phase I and II. Motion by Mr. Heretick, and seconded by Ms. Randall, to adopt the following resolution, and was adopted by the following vote: "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 (VPA) 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 VPA 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.