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R-08-52 A RESOLUTION TO AUTHORIZE A SALE AND DEVELOPMENT AGREEMENT FOR A CIRCUIT COURT COURTHOUSE. BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That the City Council hereby finds and determines that development of a new Circuit Court Courthouse pursuant to the attached Sale and Development Agreement (the "Agreement") is the only source and means for doing so that complies with the dual requirements of (a) meeting all applicable sections of the Virginia Courthouse Facility Guidelines as promulgated by the Supreme Court of Virginia; and (b) being fiscally prudent and respecting the reasonable financial needs of Portsmouth citizens and taxpayers. Based upon extensive and exhaustive study, investigation, consideration, factual investigation, staff reports, and advice from independent qualified professionals over a period of several years, the City Council hereby makes a legislative finding pursuant to Virginia Code S2.2-4303 that there is no other source or means for providing a new Circuit Court Courthouse that is practicable, practicably available, and financially advantageous to the Cityand its taxpayers. 2. That the City Council further finds and determines that the new Circuit Court Courthouse, when constructed pursuant to the Agreement, will meet the City's responsibility for courthouse facilities under Virginia Code S 15.2-1637 et seq. 3. That the City Manager, acting for and on behalf of the City of Portsmouth, is hereby authorized and directed to execute and deliver a Sale and Development Agreement for a Circuit Court Courthouse (the "Agreement") that is substantially the same as the attached instrument and that is approved as to form and legality by the City Attorney. 4. That the City Manager is further authorized and directed to take all such further actions and execute and deliver all such other instruments as may be needed to perform all the City's duties and to protect and enforce all the City's interest, rights and powers under the Agreement. The City Manager shall report periodically to City Council in a timely manner on all material progress and activity under the Agreement. 5. That Resolution No. R-07-09, adopted February 27,0007, is hereby rescinded. 6. That this resolution shall take effect on the date of its adoption. ADOPTED by the Council of the City of Portsmouth, Virginia, at a meeting held on December 9, 2008. Teste: City Clerk