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NOW THEREFORE BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br /> 1. That the recitals made in the preambles to this Resolution are hereby <br />adopted as a part of this Resolution. <br /> <br /> 2. That the City Council of Portsmouth, Virginia, hereby approves the <br />issuance of the Bonds by the Authority in an amount not to exceed $6,050,000.00 to <br />assist in the financing of the acquisition and rehabilitation of the Project, for the benefit <br />of the Company, to the extent required by the Internal Revenue Code of 1986, as <br />amended (the "Code"), and sections 36-19.2 and 15.2-4906 of the Code of Virginia of <br />1950, as amended. <br /> <br /> 3. That the approval of the issuance of the Bonds as required by Section <br />147(f) of the Code and Sections 15.2-4906 and 36-19.2 of the Code of Virginia of 1950, <br />as amended, does not constitute an endorsement to a prospective purchaser of the Bonds <br />of the creditworthiness of the Project or the Company, but as required by Section 36-29 <br />of the Code of Virginia of 1950, as amended, the Bonds shall provide that neither the <br />City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other <br />costs incident thereto except from the revenues and moneys pledged therefor, and neither <br />the faith or credit nor the taxing power of the Commonwealth of Virginia, the City or the <br />Authority shall be pledged thereto. <br /> <br /> 4. That the City Manager is hereby authorized and directed, if and to the <br />extent necessary in the opinion of bond counsel to the Authority, to submit an application <br />to the Virginia Small Business Financing Authority requesting an allocation of <br />$6,050,000.00 pursuant to Title 15.2, Chapter 49 of the Code of Virginia of 1950, as <br />amended, with respect to the issuance of the Bonds. <br /> <br /> 5. That the Developer shall submit a landscaping plan to the City of <br />Portsmouth Department of Community Quality and Planning Services for review and <br />approval and shall complete and maintain landscaping in accordance with that plan. <br /> <br /> 6. That the Developer shall maintain all improvements to a standard which is <br />satisfactory to the Authority and, to that end, the Authority shall have the right to monitor <br />progress on the renovations and subsequent maintenance. <br /> <br />7. That this Resolution shall take effect on the date of its adoption. <br /> <br /> <br />