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February 11, 1997 <br /> <br />have been filed with the City Council, together with the Authority's recommendation <br />that the City Council approve the issuance of the Bonds and authorize the City <br />Manager, if and to the extent necessary ~n the opinion of the Authority's bond <br />counsel, to submit an application to the Virginia Small Business Financing Authority <br />requesting an allocation of $6,050,000 pursuant to Title 15.1, Chapter 33.2 of the <br />Code of Virginia of 1950, as amended, with respect to the issuance of the Bonds; <br />and <br /> <br /> WHEREAS the City of Portsmouth desires that the rehabilitation of the subject <br />propertY be accomplished in such a way as to ensure continued protection of the <br />public interest, and the Developer is willing to make certain commitments to that end: <br /> <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />PORTSMOUTH, VIRGINIA: <br /> <br /> 1: The recitals made in the preambles to this Resolution are hereby adopted <br />as a part of this Resolution. <br /> <br /> 2. The City Council of Portsmouth, Virginia, hereby approves the issuance of <br />the Bonds by the Authority in an amount not to exceed $6,050,000~00 to assist in the <br />financing of the acquisition and rehabilitation of the Project, for the benefit of the <br />Company, to the extent required by the Internal Revenue Code of 1986, as amended <br />(the "Code"), and sections 36-19.2 and 15.1-1378.1 of the Code of Virginia of 1950, <br />as amended. <br /> <br /> 3. The approval of the issuance of the Bonds as required by Section 147(0 of <br />the Code and Sections 15.1-1378.1 and 36-19.2 of the Code of Virginia of 1950, as <br />amended, does not constitute an endorsement to a prospective purchaser of the <br />Bonds of the creditworthiness of the Project or the Company, but as required by <br />Section 36-29 of the Code of Virginia of 1950, as amended, the Bonds shall provide <br />that neither the City nor the Authority shall be obligated to pay the Bonds or the <br />interest thereon or other costs incident thereto except from the revenues and <br />moneys pledged therefor, and neither the faith or credit nor the taxing power of the <br />Commonwealth of Virginia, the City or the Authority shall be pledged thereto. <br /> <br /> 4. The City Manager is hereby authorized'and directed, if and to the extent <br />necessary in the opinion of bond counsel to the Authority, to submit an application to <br />the Virginia Small Business Financing Authority requesting an allocation of <br />$6,050,000.00 pursuant to Title 15.1, Chapter 33.2 of the Code of Virginia of 1950, <br />as amended, with respect to the issuance of the Bonds. <br /> <br /> 5. The Developer shall submit a landscaping plan to the City of Portsmouth <br />Department of Community Quality and Planning Services for review and approval <br />and shall complete and maintain landscaping in accordance with that plan. <br /> <br /> 6: 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 <br />monitor progress on the renovations and subsequent maintenance. <br /> <br />This Resolution shall take effect immediately upon its adoption." <br /> <br />Ayes: Clemons, Griffin, Pitts, Robinett, Holley <br />Nays: Benn, Martin <br /> <br />97 - 45 - Resolution to approve a Coordination Agreement with the Portsmouth <br />Industrial Development Authority for a building in PortCentre Commerce Park. <br /> <br />Reco~m me nd atio n.__~.' <br /> <br />· Resolution to approve a Coordination Agreement with the Portsmouth Industrial <br /> Development Authority for a building in PortCentre Commerce Park. <br /> <br /> <br />