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001-24 (CityEDABondFinancingWincMedicalCenter) .f y 'r y1&�"thV RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA WITH RESPECT TO REVENUE BOND FINANCING BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF WINCHESTER FOR WINCHESTER MEDICAL CENTER AND AFFILIATES WHEREAS, the County of Frederick, Virginia (the "County") is a political subdivision of the Commonwealth of Virginia exercising public and essential governmental functions pursuant to the Constitution and the laws of the Commonwealth of Virginia; and WHEREAS, the Economic Development Authority of the City of Winchester, Virginia (the "Authority") is a political subdivision of the Commonwealth of Virginia and is authorized under Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the"Act"), to enter-into loan agreements, contracts, deeds and other instruments for the purpose of financing the acquisition, construction, equipping, expansion, enlargement and improvement of nhedical facilities to the end that the Authority may protect and pronhote the health and welfare of the inhabitants of the Commonwealth of Virginia, and to issue its revenue bonds for the purpose of carrying out any of its powers; and WHEREAS, Winchester Medical Center ("Winchester") is a nonstock, nonprofit corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which operates medical facilities located in the City of Winchester, Virginia and the County; and WHEREAS, Page Memorial Hospital ("Page") is a nonstock, nonprofit corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which operates medical facilities located in the County of Page, Virginia; and WHEREAS, Shenandoah Memorial Hospital ("Shenandoah") is a nonstock, nonprofit corporation duly incorporated and validly existing under and by virtue of the laws of the Comnhonwealth of Virginia, which operates medical facilities located in the Town of Woodstock, Virginia; and WHEREAS, Winchester, Page and Shenandoah have requested the Authority to issue its revenue bonds in one or more series in a total aggregate principal anhount not to exceed $285,000,000 (the "Bonds"), for the purpose of shaking loans to Winchester, Page, Shenandoah Resolution No. 00 1-24 U 89754067.2 and/or other affiliates of Valley Health ,System ("Valley Health"), a Virginia nonstock, nonprofit corporation; and WHEREAS, proceeds of the Bonds may be used, among other purposes, to: (i) fund all or a portion of the costs of the acquisition, development, construction and equipping of a medical office building project consisting of primary care and out-patient laboratory programs, support space, exterior gathering space, roadway system and other site improvements, utility and information technology infrastructure, parking and landscaping (collectively, the "Stephens City Medical Office Building Project"); (ii) fund all or a portion of the costs of the acquisition, development, construction and equipping of a medical office building project consisting of primary care and out-patient laboratory programs, support space, exterior gathering space, roadway system and other site improvements, utility and information technology infrastructure, parking and landscaping (the "Greenwood Medical Office Building Project"); and (iii) refund all or a portion of the Authority's outstanding Hospital Revenue Refunding Bonds (Valley Health System Obligated Group) Series 2013B (the "Series 2013B Bonds"); and WHEREAS, the Stephens City Medical Office Building Project will be located on an approximately 4 acre site near the intersection of Fairfax Pike and Warrior Drive in Stephens City (Frederick County),Virginia, and will be owned and/or operated by Winchester or another affiliate of Valley Health; and WHEREAS, the Greenwood Medical Office Building Project will be located on an approximately 4.6 acre site at Orrick Commons Shopping Center ori Senseny Road in Winchester (Frederick County),Virginia, and will be owned and/or operated by Winchester or another affiliate of Valley Health; and WHEREAS, the Series 2013B Bonds were issued for, among other purposes, the purpose of providing funds, together with other available funds, to make a loan to Winchester to refund the then outstanding Industrial Development Authority of Clarke County, Virginia Hospital Facility Revenue Bonds (Winchester Medical Center, Inc.), Series 2000 (the "Series 2000 Bonds"); and WHEREAS, the Series 2000 Bonds were issued for, among other- purposes, the purpose of providing funds, together with other available hands, to pay, or reimburse Winchester for paying, the costs of the construction of a new interchange on Route 37 (the "Interchange") to provide additional access to Winchester Medical Center and relieve traffic congestion at its Amherst Street entrances; and WHEREAS, the Interchange is located primarily in the County, specifically at an interchange into Route 37 from Winchester Medical Center between the Route 50 interchange and the Route 522 interchange, and is owned and maintained by the Commonwealth of Virginia; and WHEREAS, the Authority held a public hearing on June 18, 2024 with respect to the issuance of the Bonds in accordance with state and federal law; and Resolution No. 001-24 2 \189747419.2 WHEREAS, the Authority has by resolution adopted on June 18, 2024 (the "Authority Inducement Resolution") approved the issuance by the Authority of the Bonds, in an aggregate principal amount not exceeding $285,000,000; and WHEREAS, Winchester has requested approval (to the extent required by the Internal Revenue Code of 1986, as amended (the"Code"), and the Act)by the Board of Supervisors of the County (the"Board of Supervisors") of the issuance by the Authority of the Bonds; and WHEREAS, Section 147(f) of the Code provides that the governs-ental 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, and Section 15.2-4906 of the Act sets forth the procedure for such approval; and WHEREAS, Section 15.2-4905 of the Act provides that if a locality has created an industrial development authority, no industrial development authority created by a second locality may finance a facility located in the first locality unless the governing body of such first locality concurs with the inducement resolution adopted in connection with such financing by the second locality; and WHEREAS, each of the Stephens City Medical Office Building Project, the Greenwood Medical Office Building Project and the Interchange to be financed or refinanced with the proceeds of the Bonds is or will be located in County, and the Board of Supervisors constitutes the highest elected governmental unit of County; and WHEREAS, the Authority has delivered or caused to be delivered to the Board of Supervisors the following: (i) a reasonably detailed summary of the continents expressed at the public hearing held by the Authority in connection with the issuance of the Bonds, and (ii) a copy of the Authority Inducement Resolution,which constitutes the recommendation and request of the Authority that the Board of Supervisors approve the issuance of the Bonds and concur with the Authority Inducement Resolution, as required by applicable federal and Virginia law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The Board of Supervisors concurs in the Authority Inducement Resolution and approves the issuance of the Bonds by the Authority with respect to the Stephens City Medical Office Building Project, the Greenwood Medical Office Building Project and the Interchange located or to be located in the County as required by Section 147(f)of the Code and Sections 15.2- 4905 and 15.2-4906 of the Act. 2. The Board of Supervisors' approval of the issuance of the Bonds by the Authority does not constitute an endorsement to a prospective purchaser of the Bonds, or the creditworthiness of Winchester, Page, Shenandoah or Valley Health. The issuance of the Bonds shall not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or the County, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the County, will be pledged to the payment of the Bonds. The County shall not be obligated to pay the Bonds or the interest thereon or other costs incident Resolution No. 001-24 3 1189747419.E thereto. Valley Health shall pay any costs and expenses (and indemnify for any damages) of the County incurred with respect to the Bonds. 3. This resolution shall take effect immediately upon its adoption. ADOPTED JULY 10, 2024 Josh E. Ludwig, Chairman Aye John F. Jewell Aye Heather H. Lockridge Aye Robert W. Wells Aye Blaine P. Dunn Aye Judith McCann-Slaughter Aye Robert T. Liero Aye A COPY ATTEST Michael L. Bollhoefer Frederick County Admi ' trator Resolution No. 001-24 4 1189747419.2 COUNTY of FREDERICK :A, Jay E. Tibbs Deputy County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jtibb s @co.frederick.va.us MEMORANDUM TO: Board of Supervisors FROM: Jay E. Tibbs, Deputy County Administrator SUBJECT: Concurring Resolution re: Winchester Medical Center and Affiliates DATE: July 1, 2024 Winchester Medical Center and its affiliates have requested the Economic Development Authority of the City of Winchester,VA, to issue a series of revenue bonds in a total aggregate principal amount not to exceed $285,000,000, for the purpose of making loans to Winchester, Page, Shenandoah and/or other affiliates of Valley Health System. Three projects to be financed or refinanced with the bond proceeds are or will be located in Frederick County. The three projects are: 1. Stephens City Medical Office Building to be located near the intersection of Fairfax Pike and Warrior Drive in Stephens City (Frederick County). 2. Greenwood Medical Office Building to be located at Orrick Commons Shopping Center on Senseny Road in Winchester (Frederick County). 3. The Interchange at Route 37 from Winchester Medical Center between Route 50 interchange and the Route 522 interchange. The City of Winchester is requesting the Frederick County Board of Supervisors concur with the issuance of this bond financing, as the governmental unit having jurisdiction over the area in which any facility financed with the proceeds is located must approve the issuance of the bonds. The Board's approval does not constitute a debt or pledge of the faith and credit of the County and the County shall not be obligated to pay any costs or expenses incurred with respect to this bond issuance. Attachment 107 North Kent Street•Winchester,Virginia 22601-5000