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R-13-08 , \ 1 RESOLUTION NO. R-13-08 RESOLUTION APPROVING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE TOWN OF CLIFTON, VIRGINIA OF EDUCATION FACILITIES REFUNDING BONDS IN AN AMOUNT ME BUILDINGS, LLC FOR THE BENEFIT OF GMUF COM ERC a WHEREAS, the Industrial Development Authority of the Town GMUF Clifton, irgi is (the "Clifton Authority") has considered or will consider the Buildings. LLC, a Virginia limited liability company oihose sole member is eor o, iced University Foundation, Inc. (the "Borrower"), an b 50 exclusively for religious purposes and is an exempt organization"Code"), t n that the 501(c)(3) of the Internal Revenue Code of 1986, as amended Clifton Authority approve the following Plan of Financing c(collectively, the 'fPlantof R and the issuance of revenue bonds by the Clifton refunding of certain rite tax- exempt ) exceed $6,950,000 (the "Bonds") in connection with: (i) bonds of the Fairfax County Economic Development Authority it 32 originally sllyaissueedt to refinance the acquisition, construction and renovation of pp of office and administrative facilities known as the Commerce�Irand Commerce II bu leased ooh located at 4085-4087 University Drive, in the City ii) substantial renovations to the Pr4ject; and to George Mason University (the "Project"); (iii) certain other expenditures associated therewith to the financea a F na le, n Judi g, without limitation, costs of bond issuance in connection with the Clifton Authority will hold a public hearing with respect to the Plan of Financing and the issuance of the Bonds on April 25, 2013; WHEREAS, the Clifton Authority is issuing the because odsrather than the nditstrial Development Authority of the City (the "City Authority") the capacity to issue "bank qualified" tax-exempt bonds for the Project oniin 0 C3 add the City th p Y Authority does not, due to the amount of the City's expected WHEREAS, Section l47(f) of the Code provides that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, Section 15.2-4905 of the Industrial Revenue hat d act, Chapter 49,T created le 15.2. Code of Virginia of 1950, as amended (the "Act") provides an industrial development authority, no industrial development authority the rity governing e e bbdy second and locality may finance a facility located in the first locality unless first locality concurs with the inducement resolution adopted by the second locality and shows such concurrence in a duly adopted resolution; and WHEREAS, the Project is located in the City, and the �it the of the City (the "City Council") constitutes the highest elected governmental unit NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIIL OF THE CITY OF FAIRFAX, VIRGINIA: . . ,--.1!c-- A,,thnrity and Town of Clifton. Virginia (the "Town") or the Clifton Authority, but hill be payable solely from revenues and moneys pledged therefor by the Neither the faith and credit nor taxing power of the Commonwealth or ealth nor any political subdivision thereof, including the City, Authority, is pledged to the payment of the principal of the Bonds or the interest thereon or the other costs incident thereto. 3. This resolution shall take effect immediately upon its adoption. Adopted this 23rd day of April 2013. Stkut4L., Mayor ATTEST: City Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilman DeMarco Aye Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Councilmember Schmidt Aye Councilman Stombres Aye