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2017-013 Resolution to Approve the Four Year Lease Purchase Agreement for New Equipment and Vehicles with SunTrust RESOLUTION NO. 2017-013 A RESOLUTION TO APPROVE THE FOUR (4) YEAR LEASE/PURCHASE AGREEMENT #09728, EQUIPMENT SCHEDULE #02, WITH SUNTRUST EQUIPMENT FINANCE & LEASING CORP. FOR THE FINANCING OF NEW EQUIPMENT AND VEHICLES FOR $1,106,559.31 AT AN ANNUAL INTEREST RATE OF 1.93%. WHEREAS, The City of Ocoee, Florida ("City", "Lessee") has previously determined to undertake the Lease Purchase Financing of (2) Lifepaks, (2) Pickup Trucks, (1) Rescue Truck, (1) Bus, (1) SUV, (1) Claw Truck, (1) Side Load Garbage Truck, and (1) Rear Load Garbage Truck, and the Finance Director has now presented a proposal for the financing of such. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION 1. The City hereby determines to finance the equipment and vehicles through Suntrust Equipment Finance & Leasing Corp. ("Lessor"), in accordance with the proposal dated June 2, 2017. The amount financed shall not exceed $1,106,559.31 the annual interest rate (in the absence of default or change in tax status) shall not exceed 1.93%, and the financing term shall not exceed four(4)years from closing. SECTION 2. All financing contracts and all related documents for the closing of the financing (the "Financing Documents") shall be consistent with the foregoing terms. Officers and employees of the City as required in the lease documents are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the equipment and vehicles as contemplated by the proposal and this resolution. The Financing Documents shall include a Financing Agreement and an Escrow Agreement as Suntrust Equipment Finance & Leasing Corp. may request. The funds made available under the Lease will be deposited with Suntrust Bank ("Escrow Agent") pursuant to an Escrow Agreement between Lessor, Lessee, and Escrow Agent ("Escrow Agreement") and will be applied to the acquisition of the Equipment in accordance with said Escrow Agreement. SECTION 3. The City Manager is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The City Manager is authorized to approve changes to any Financing Documents previously signed by City officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the Mayor and City Commission shall approve, with the City Manager's release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document's final form. The City Clerk of the Lessee and any other officer of the Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of Lessee to the Financing Documents and attest the same. SECTION 4. This is a Non-Bank Qualified Lease/Purchase financing under a Master Lease/Purchase Agreement and an Equipment Schedule ("the Agreement"). The City hereby designates its obligations to make principal and interest payments under the Financing Documents as "qualified tax-exempt obligations" for the purpose of Internal Revenue Code Section 265(b)(3). SECTION 5. All prior actions of City officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shall take effect immediately. CITY OF OCOEE SIGNATURE PAGE FOR RESOLUTION APPROVING FINANCING TERMS APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Melanie Sibbitt, City Clerk Rusty Jo It , Mayor (SEAL) { } FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY ON .Jyc.ri,e. , 2017 this 201+day of ,11u}-1e , 2017. UNDER AGENDA ITEM NO. . SHUFFIELD, LOWMAN & WILSON, P.A. !; BY: 111, Scott Co• -on, 4 rty Attorn y