Loading...
R-17-45RESOLUTION NO. R-17-45 RESOLUTION APPROVING THE ISSUANCE BY THE FAIRFAX COUNTY ECONOMIC DEVELOPMENT AUTHORITY OF ITS REFUNDING REVENUE BONDS OR NOTES FOR THE BENEFIT OF GMUF POTOMAC HEIGHTS, LLC WHEREAS, the Fairfax County Economic Development (the "Authority") is authorized to advertise and hold public hearings relative to the issuance of private activity bonds; and WHEREAS, the Authority has considered the application of GMUF Potomac Heights, LLC (the "Borrower"), a Virginia limited liability company, whose sole member, George Mason University Foundation, Inc., is an organization which is not organized exclusively for religious purposes and is described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended ("Code"), requesting that the Authority issue up to $18,500,000 of its revenue bonds or notes (the "Bonds"), at one time or from time to time in one or more tax-exempt or taxable series, to assist the Borrower in (a) refunding the Authority's outstanding Student Housing Refunding Revenue Bonds (George Mason University Foundation, Inc. Project), Series 2013 (the "2013 Bonds"), which were issued for the purpose of refunding certain prior bonds issued by the Authority to finance or refinance the cost of certain capital improvements owned by the Borrower or its sole member, including (i) an approximately 504 bed student apartment complex consisting of approximately 183,000 square feet located at 10350 York River Road, Fairfax, Virginia, (ii) an approximately 36,000 square foot residential and office facility known as University Park and located at 4260 Chain Bridge Road, 4262 Chain Bridge Road, 4264 Chain Bridge Road and 4266 Chain Bridge Road, Fairfax, Virginia ("University Park") and (iii) approximately 32,500 square feet of office and administrative facilities known as the Commerce I and Commerce II buildings located at 4085-4087 University Drive, Fairfax, Virginia (the "Commerce Buildings"); (b) funding swap breakage costs in connection with the 2013 Bonds; and (c) funding certain costs of the issuance of the Bonds (collectively, the "Refunding Project") and has held a public hearing in connection therewith on November 8, 2017; and WHEREAS, Section 147(f) of the Code provides that the applicable elected representatives of 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 such bonds; and WHEREAS, University Park and the Commerce Buildings are located in the City of Fairfax, Virginia (the "City"); and WHEREAS, the members of the City Council of the City (the "City Council") constitute the applicable elected representatives of the City; and WHEREAS, the Authority has adopted a resolution with respect to the Bonds on November 8, 2017 and has recommended that the City Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution for the Bonds, a certificate of the public hearing (including a summary of statements expressed at the hearing) and a fiscal impact statement have been filed with the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, VIRGINIA: 1. The City Council approves the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code, to permit the Authority to assist in financing the Refunding Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Refunding Project or the Borrower. 3. The Bonds shall provide that neither the City nor the County of Fairfax, Virginia (the "County") nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged thereto and that neither the faith and credit nor the taxing power of the City or the County is pledged to the payment of the principal of the Bonds or the interest thereon or other costs incident thereto. The Authority has no taxing power. 4. In adopting this resolution, the City, including its elected council members, representatives, officers, employees and agents, shall not be liable for, and hereby disclaims all liability for, any damages to any person, direct or consequential, resulting from the Authority's failure to issue the Bonds for any reason. 5. This resolution shall take effect immediately upon its adoption. ADOPTED this 14'' day of November, 2017. Mayor Attest: Lianim ram The vote on the motion to approve was recorded as follows: VOTE: Councilmember DeMarco Aye Councilman Greenfield Aye Councilmember Miller Aye Councilmember Passey Aye Councilmember Schmidt Aye Councilmember Stehle Aye