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2019 Resolutions
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WHEREAS, City's obligation to make payments under this Cooperation Agreement, <br />including without limitation payments equal to the debt service on the Note, will be secured by the <br />full faith and credit of City, and as such, the Obligation (hereinafter defined) will be a "general <br />obligation bond" within the meaning of the Public Finance Act of 1991 (the "Public Finance Act "), <br />Section 15.2 -2600 et seq. of the Virginia Code; <br />WHEREAS, Section 15.2 -4905 (12) of the Act authorizes EDA: <br />to accept contributions, grants and other financial assistance from . the <br />Commonwealth, or any political subdivision, agency, or public instrumentality of <br />the Commonwealth, for or in aid of the construction, acquisition, ownership, <br />maintenance or repair of the authority facilities, ... or in order to make loans in <br />furtherance of the purposes of this chapter of such money, contributions, grants, <br />and other financial assistance, and to this end the authority shall have the power to <br />comply with such conditions and to execute such agreements . .. as may be <br />necessary, convenient or desirable and to agree to such terms and conditions as may <br />be imposed; <br />WHEREAS, the Project constitutes an "authority facility" within the meaning of the Act; <br />WHEREAS, Section 15.2 -4901 of the Act concludes with the statement that "This chapter <br />shall be liberally construed in conformity with these intentions," evidencing the legislative intent <br />that all aspects of Title 15.2, Chapter 49 be broadly interpreted in order to promote and facilitate <br />economic development in the Commonwealth and its localities; <br />WHEREAS, on January 15, 2019, the Board of Directors of EDA adopted a resolution <br />approving the form and substance of the Note and this Cooperation Agreement, authorizing the <br />execution and delivery thereof and hereof on behalf of EDA, and authorizing the performance of, <br />and agreeing to perform, all obligations undertaken by EDA under this Cooperation Agreement; <br />WHEREAS, on January 22, 2019, the Council of City adopted Resolution No. [_] <br />approving this Cooperation Agreement, authorizing the execution and delivery hereof on behalf <br />of City and the performance of all obligations undertaken by City under this Cooperation <br />Agreement; and <br />WHEREAS, the parties hereto desire to enter into this Cooperation Agreement for the <br />purpose of setting forth their understandings and agreements in connection with City's obligation <br />to make principal and interest payments as debt service on the Note and EDA's undertaking of the <br />Project. <br />NOW, THEREFORE, the parties agree as follows: <br />1. Authority Obligations. EDA agrees that the expenditure authorized <br />hereby and any appropriations in future years for purposes of paying the Obligation shall be used <br />exclusively for such purpose. EDA shall issue the Note and apply all revenues that EDA receives <br />from (i) the development, sale, or leasing of the Property, (ii) EDA's bond program, (iii) prior <br />property sales, and (iv) any other sources to the payment of principal and interest on the Note and <br />any other amounts due under the Financing Agreement. If the amounts referenced in the preceding <br />
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