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2008-10 ORDINANCE NO_ 2008-10 AN O~DINANCE AVVARDING ONE OR JVIORE GROUND I~EASES TO EFFECT THE FINANCING OF VVATER AND SEVVER CAPITAL IJVIPROVEJVIENTS VVHEREAS, the Council (the ""Council") of the City of Fairfax, Virginia (the ""City"), having received bids pursuant. to advertisement in the manner prescribed by lavv" from bidders upon financing terms set forth OIl. Exhibit A hereto,. to act as final:"1cing lessee under one or more ground leases and to act as financing lessor under one or more financing lease agreen"'1.ents of certain real property (including the improvernents novv or hereafter located thereon.) (the ....Property"''') to be used to finance capital improvements to "the City" s vvater and sevver systems (the ....Projece")" V'Vhich bids have bec11 read aloud", and other terms of v..rhich are ShO"'VVll in the bidding documents Oll file in the office of the City ~ttc>mey; "-'HE:REAS, the Council has, after having follovved procedures required by general laV\7, conducted a full analysis and consideration of the technical ability, financial condition, legal qualification and general character of said bidders; and ",,"H E:R.E AS, the Council, after such consideration, analysis and deliberation, has approved and found sufficient the techrlical ability, financial condition, legal qualification and general character of the hereinafter named bidder as the bidder vvhich provides the lovvest overall cost ar1d most favorable terms to the City to effect the lease financing; NOVV, THEREFORE, BE IT ORDAINED by the Council of the City of Fairfax, Virginia,. that: 1. It is the intention of the City to avvard to [Sur'lTrust Bankl the lease o-t the Property in accordance vvith the terms referenced above and pursuant to one or more grouT1d leases, each for a period not to exceed thirty (30) years. Each ground lease shall be substantially in the form attached hereto as Exhibit :8, being oue of the documents relating to the lease financing of the Proj eeL 2. This Ordinance shall take effect immediately. APPROVED: June 10,2008 ~~ ~TTEST: ~~---.,-- ~~? . City Clerk The vote all the motion to approve vvas recorded as follovvs: Votes Councilmember Cross Councilman Greenfield Courrcilmember Lyon Councilman Rasmussen Councilman Silverthome Councilmember 'W'inter Aye Aye Aye Aye Absent Aye EXHIBIT A rSee copies of bids attachedl A-I 3783 00009 EMF_US 25765402v] EXHIBIT B rSee attached form of Ground Leasel A-I