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2011-10-08 Apprv Suport Agreement with RIFARESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA, VIRGINIA APPROVING A SUPI'OKT AGREEMENT WITH THE DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY 2011-10-08 WHEREAS, the County of Pittsylvania, Virginia (the "County") and the City of Danville, Virginia (the "City") are jointly developing an industrial park to be owned by the Danville-Pittsylvania Regional Industrial Facility Authority (the "Authority''), to attract industries and promote economic development; and WHEREAS, the City and thc;County desire, in conjunction with the Authority, to finance, as part of the development of the industrial park, land acquisition and related capital expenditures (the "Project"); and WHEREAS, the Authority "now proposes to undertake the financing of the i Project, including necessary expenses incidental,thereto~ ~by the issuance of its fixed rate bonds in an aggregate principal amount not to exceed';$13,700,000:(Ihe "Bonds"); and t~ '. WHEREAS,,-the;principal ot; .premium, if any, ;arid interest on, the Bonds and other costs relating to the issuance tliereof (collectively, tlic "Debt~Service") are to be paid by the Authority from funds that arc-subject to appropriation in each fiscal year by the County and the City, with the City and the County each being responsible for one-half of such Debt Service; and t - ---, WHEREAS, in connection with its purchase of the Bonds, Davenport & Company LLG, desires that the commitment of the City and County to provide such funds, subject to annual appropriation as described above, be set forth in a Support Agreement, dated as of November 1,2011 (the "Support Agreement"), between the County and the Authority and in a Support Agreement, dated as of November-1, 2011; between the City and the Authority; and WHEREAS, the Support Agreement has been presented to the Board of Supervisors of the County (the "Board"} in substantially final form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF TFIE COUNTY OF PITTSYLVANIA, VIRGINIA: 1. Form and Authorization of Support Agreement. The Support Agreement is hereby approved, with such variations, insertions, changes or deletions (including without limitation changes to the date thereof as may be approved by the Chairman or the Vice Chairman of the Board or the County Administrator. The execution and delivery of the Support Agreement are hereby authorized. 2. Execution and Delivery of Support Agreement. The Chairman and the Vice Chairman of the Board and the County Administrator, any of whom may act, are each authorized and directed to execute the Support Agreement on behalf of the County. The Clerk and Deputy Clerk of the Board, either of whom may act, are each authorized and directed to affix the seal of the County to the Support Agreement (if required), attest the seal (if required) and deliver the Support Agreement to the other parties thereto. 3. Reaffirmation of Prior Resolution and Approval of Issuance of Bonds. The Board reaffirms its October 6, 2008 resolution evidencing approval of the Project, and the Board hereby approves the issuance of the Bonds by the Authority to finance the costs of the Project. 4. Further Actions. The Chairman and the Vice Chairman of the Board and other officers and agents of the County, including the County Administrator and the Finance Director, arc authorized and directed to take such further actions as they deem necessary regarding the execution and delivery of,the Support Agreement, including, without limitation, the execution and delivery of any closing documents and' certificates with respect to the issuance of the Bonds by the Authority.r All such actions previously taken by the Chairman, Vice Chairman or such officers and agents are hereby approved, ratified and confirmed. 5. Limitation of Liability of Ofticials~of the County. No covenant, condition, agreement or obligation contained herein hall be deemed=to be-a_covenant; condition, agreement or obligation of an officer, employee or agent of the Cotinty in his or her individual capacity, and no officer of the. County eze uting..the Support Agreement shall-be liable personally on the Support Agreement or be subject to ariy`personal' liability or accountability by reason of the execution and delivery thereof. 6.~ Effective Date. "L'his Resolution shall take effect immediately. -2- CERTIFICATE The undersigned Clerk of the Board of Supervisors of the County of Pittsylvania, Virginia, does hereby certify that the foregoing constitutes a true and correct extract Prom the minutes of a meeting of the Board of Supervisors held on October 18, 2011, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby fiirther certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing Resolution, a quorum was present. The vote of the members of the Board of Supervisors upon the foregoing Resolution was as follows: Member Present/Absent Vote 1'im R. Barber Yes Yes James Snead - Yes Yes Fred M. Ingram .. i Yes Yes i Coy E. Harville - ~ Yes Yes Marshall A. Ecker Yes Yes William H. Pritchett Henry A. Davis, Jr. Yes Yes Yes Yes WITNF,SS MY HAND and the seal of the County of Pittsylvania, Virginia, this of October, 20l L Clerk, Board of Superv Pittsylvania, Virginia of day -3-