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January 12, 2021 <br /> <br />“RESOLUTION APPROVING THE ISSUANCE BY THE PORTSMOUTH <br />REDEVELOPMENT AND HOUSING AUTHORITY OF ITS MULTIFAMILY HOUSING <br />REVENUE BONDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, <br />REHABILITATION AND EQUIPPING OF THE APPROXIMATELY 90-UNIT MT. <br />HERMON VILLAGE APARTMENTS LOCATED IN THE CITY OF PORTSMOUTH, <br />VIRGINIA <br /> <br />WHEREAS <br />, the Portsmouth Redevelopment and Housing Authority (the <br />"Authority") is authorized to advertise and hold public hearings relative to the issuance of <br />private activity bonds; and <br />WHEREAS <br />, the Authority (a) has considered the application of MHV Preservation <br />Partners LP, a Virginia limited partnership (the "Borrower"), requesting that the Authority <br />issue its revenue bonds (the "Bonds") in a maximum stated principal amount of <br />$10,000,000 to assist the Borrower or a party related to the Borrower in financing or <br />refinancing a portion of (i) the cost of acquiring, constructing, renovating, rehabilitating <br />and equipping a multifamily residential rental housing project for seniors consisting of 23 <br />one-story buildings containing approximately 90 units representing approximately 60,490 <br />rentable square feet known as Mt. Hermon Village Apartments (the "Project") located at <br />2400 Cutherell Street in the City of Portsmouth, Virginia and (ii) the costs incurred in <br />connection with the issuance of the Bonds (collectively, the "Plan of Finance") and (b) <br />has held a public hearing in connection therewith on November 19, 2020 (the "Public <br />Hearing"); and <br />WHEREAS <br />, the Project shall be established and maintained as a "qualified <br />residential rental project" within the meaning of Section 142(d) of the Internal Revenue <br />Code of 1986, as amended (the "Code"); and <br />WHEREAS <br />, Section 147(f) of the Code provides that the applicable elected <br />representatives of the governmental unit having jurisdiction over the issuer of private <br />activity bonds and over the area in which any facility financed with the proceeds of private <br />activity bonds is located must approve the issuance of such bonds; and <br /> <br />WHEREAS <br />, the members of the City Council (the “Council”) of the City of <br />Portsmouth, Virginia (the “City”) constitute the elected representatives of the <br />governmental unit having jurisdiction over the issuer of the Bonds, and the Project is <br />located in the City; and <br /> <br />WHEREAS <br />, the Authority has recommended that the Council approve the <br />issuance of the Bonds; and <br /> <br />WHEREAS <br />, a copy of the Authority's resolution approving the issuance of the <br />Bonds, a certificate of the Public Hearing, a summary of the statements expressed at the <br />Public Hearing and the fiscal impact statement concerning the Plan of Finance have been <br />filed with the Council. <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br /> <br />OF PORTSMOUTH, VIRGINIA: <br /> <br />1. The Council approves the issuance of the Bonds by the Authority, in one or <br />more series at one time or from time to time, in an aggregate maximum stated principal <br />amount of $10,000,000 for the benefit of the Borrower or a party related to the Borrower, <br />as required by Section 147(f) of the Code, Section l5.2-4906, as applicable to housing <br />authorities, of the Code of Virginia of 1950, as amended (the "Virginia Code") and Section <br />36-19(9) of the Virginia Code to permit the Authority to assist in the financing of the Plan <br />of Finance. <br /> <br />2. The approval of the issuance of the Bonds does not constitute an <br />endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan <br />of Finance or the Borrower. <br /> <br /> <br /> <br /> <br /> <br /> <br />