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HomeMy WebLinkAboutResolution 39-91 RESOLUTION NO. 39-91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, APPROVING A LEASE/PURCHASE AGREEMENT WITH VALLEY BANK LEASING. RESOLVED, that this Municipality is authorized to enter into a Lease Purchase Agreement (the "Agreement" ) with Valley Bank Leasing, Inc. (LESSOR") for the acquisition of the use and possession of the equipment described on the attached Exhibit "A" (the "Equipment" ) for an aggregate cost not to exceed $325,000 (not including interest) payable over a period of 5 years, and in accordance with the terms of the Agreement, subject to the right of the Municipality to (i) terminate and cancel such Agreement and the Municipality's obligations on one date each year during the term of the Agreement and (ii) acquire the Equipment at such times and on such terms as may be set forth in the Agreement. RESOLVED FURTHER, that each of the following officers of the Municipality: Ray Windsor, its City Manager and Mark Joseph, its Administrative Services Director are authorized, empowered, and directed to (i) negotiate the terms of and execute and deliver the Agreement and such other documents as may be necessary or appropriate, together with changes therein as such officer shall deem necessary and desirable and (ii) take such other actions as may be necessary or appropriate to consummate the transactions contemplated in the Agreement and to cause the full and timely performance of all of the Municipality's agreements and obligations in connection with the Agreements such officer's execution and delivery of the Agreement and other documents or the taking of such actions to evidence such officer's approval of the document or action, respectively: RESOLVED FURTHER, that in connection with the foregoing Resolutions, all actions taken by the duly authorized officers of this Municipality with respect to the Agreement or the transactions to be evidenced by the Agreement prior to the date of this Resolution be, and they hereby are, ratified and confirmed as the duly authorized acts of the Municipality: RESOLVED FURTHER, that the Municipality does hereby designate the Agreement as a qualified tax-exempt obligation for purposes of Section 265(b) (3) (ii) of the Internal Revenue Code of 1988, as amended and Resolution No. 39-91 Page 2 RESOLVED FURTHER, that LESSOR may rely on this Resolution until notified of the revocation, amendment, or other modification in writing and all actions taken by the duly authorized officers of this Municipality in accordance with this Resolution prior to the LESSOR'S receipt of such notice shall be the duly authorized actions of and binding and enforceable against the Municipality and relied upon by LESSOR. On motion by Councilperson Nimmo , and seconded by Councilperson Dexter , the foregoing resolution is hereby adopted in its entirety, by the following Roll Call Note. AYES: Councilmembers Shiers, Borgeson, Nimmo, Dexter and Mayor Lilley NOES: None ABSENT: None ADOPTED: May 14, 1991 ATTE T: CITY OF ATASCADERO r, By: L D YKA, City C Robert i ley ayor APPROVED AS TO FORM: ART MONT D N, Ci Attorney 77�� ONTENT: r MARK J EPH, inistrative Services Director lt,:.w rrtur► VHLL=T Z"v-, LmH--mina Valley Bank Leasing, Inc. "Mesa/ltay at Tk. twttat t/alt.nat hawk .f wrtaawa 88HISIT A _ D�cxxvtian of,�'roggzty„ ONE (1) 1991 XSUZU TROOPER $ 151831.35 VIN: JACM58R4R'8W323 i:35 SUBTOTAL: S 15,831.35 DOCaRMI't'ARY PRBFARATION: 35.00 SALES TAX: "1.65 TOTAL: S 16,858.00 ONE (1) INTBRNATIOUL 4 N88BL DRTVE TRUCK, VM $ 94t442.08 MODEL #5 ME TRUCK BODY #20447 VIN: IETSB'2'MLE225453 TOTAL: $ 94,442.08 ONE (1) AOUATBCH SEM CLEAN= JET TRUCK $ 25104'0.00 VIN: 1GDK7H1J3MJ504279 TOTAL: $ 25,000.00 GRAW TOTAL: $ 136,300.08 Total OriEliia ftjc'*y;e 'Price of Property: $1361300.0$