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HomeMy WebLinkAbout01-308 (" L $c SL by ful SL Le ap ¢( fo LE A( RESOLU'I-J:ON NO. 01-308 Lease Number: [Ot] Equipment Schedule: O! RESOLU3-J:ON AUTHOP, ZZ~NG THE EXECUTION AND DEI.]:VERY OF A MASTER LEASE AGREEMENT, EQ, UTPMENT SCHEDULE NO. 01, AN ESCROW AGREEMENT, AND RELATED TNSTRUMENTS, AND DETERM]:NTNG OTHER MATTERS TN CONNECTION THEREWTI'H. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida essee") desires to obtain certain equipment (the "Equipment") described in Equipment hedule No. O! to the Master Lease Agreement (collectively, the "Lease") with ~NTRUST LEASZNG CORPORA'I-ZON, the form of which has been available for review the governing body of Lessee prior to this meeting; and WHEREAS, the Equipment is essential for the Lessee to perform its governmental ~ctions; and WHEREAS, the funds made available under the Lease will be deposited with qTRUST BANK (the "Escrow Agent") pursuant to an Escrow Agreement between see and the Escrow Agent (the "Escrow Agreement") and will be applied to the Iuisition of the Equipment in accordance with said Escrow Agreement; and WHEREAS, Lessee has taken the necessary steps, including those relating to any dicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, Lessee proposes to enter into the Lease with SUNTRUST LEASING )RPORA'I-J:ON and the Escrow Agreement with the Escrow Agent substantially in the presented to this meeting. NOW, THEREFORE, BE Ti' RESOLVED BY THE GOVERNZNG BODY OF $$EE AS FOLLOWS: ;ction Z. It is hereby found and determined that the terms of the Lease and the Escrow reement (collectively, the "Financing Documents") in the forms presented to this un( apl wh hal an' ex ex~ L~ bo dir thi (t~ ob ~ting and incorporated in this resolution are in the best interests of Lessee for the ~uisition of the Equipment. :tion ?. The Financing Documents and the acquisition and financing of the Equipment ler the terms and conditions as described in the Financing Documents are hereby ~roved. The Chairman/County Administrator of Lessee and any other officer of Lessee shall have power to execute contracts on behalf of Lessee be, and e~ch of them ~,by is, authorized to execute, acknowledge and deliver the Financing Documents with changes, insertions and omissions therein as may be approved by the officers who ~.cute the Financing Documents, such approval to be conclusively evidenced by such ;cution and delivery of the Financing Documents. The Clerk/Deputy Clerk of the Isee and any other officer of Lessee who shall have power to do so be, and each of ;m hereby is, authorized to affix the official seal of Lessee to the Financing .-uments and attest the same. etlon 3. The proper officers of Lessee be, and each of them hereby is, authorized and acted to execute and deliver any and all papers, instruments, opinions, certificates, :idavits and other documents and to do or cause to be done any and all other acts and ngs necessary or proper for carrying out this resolution and the Financing Documents. Ction 4. Pursuant to 5action 265(b) of the Znternal Revenue Code of 1986, os amended e "Code"), Lessee hereby specifically designates the Lease os a "qualified tax-exempt igation" for purposes of 5action 265(b)(3) of the Code. or me orr Aq The undersigned further certifies that the ebove resolution has not been repeeled ~mended end remeins in full force end effect end further certifies thet the Leese end :row Agreement executed on behelf of Lessee ere the seine as presented et such eting of the governing body of Lessee, excepting only such chenges, insertions end issions es shell here been epproved by the officers who executed the seine, te: ~~/!, ~P'~?___L ~ ?l~epu~/Clerk ~/ BOARD OF COUNTY COMMISSIONERS ,ST. LUCJ:E COUNTY, FLOR.I:DA APPROVED AS TO FORM AND CORRECTNESS: County Attorney