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Resolution 05-1137EX B13IT C-1 Lease Number: [01] Equipinent Schedule: 01 RESOLUTION NO. 05-1137 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA., AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, :EQUIPMENT SCHEDULE NO. 01, AN ESCROW AGREEMENT, AND RELATED INSTRUI'IENTS, WITH SUNTRUST LEASING CORPORATION; 'AUTHORIZING A LEASE OF COMPUTEWTELEPHONE EQUIPMENT THEREUNDER; AUTHORIZING THE EXECUTION OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO COMPLETE THE TRANSACTIONS CONTEMPLATED HEREBY; A:�M PROVIDING AN EFFECTIVE DATE. WHEREAS, the goveinn].g body of City of Long wood ("Lessee") desires to obtain certain equipment (the "Equipment") described in. Equipment Schedule No. 01 to the Master Lease Agreement (collectively, the "Lease") with ;>unTrust Leasing Corporation, the form of which has been available for review by the governing body of Lessee prior to this meeting; and WHEA REAS, the Equipment is essential for the Lessee to perform its governmental functions; and WHEREAS, the funds made available Linder the Lease will be deposited with SunTrust Bank (the "Escrow Agent") pursuant to an. Escrow Agreement between Lessee and the Escrow Agent (the "Escrow Agreement") and will. be applied to the acquisition of the Equipment in accordance with. said. Escrow Agreement; and WO[IEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal biddi ig requirements, to airange for the acquisition of the Equipment; and 1AWEREAS, Lessee proposes to enter into the Lease with SunTrust Leasing Corporation and the Escrow Agreement with the Escrow Agent substantially in. the fo nis presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY Tl-JE, CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS: Section L It is hereby fourid and determined that the terms of the Lease and the Escrow Agreement (collectively, the "Financing Documents") in the forms presented to this meeting and nlcoiporated. in this resolution. are in the best ir.terests of Lessee for the acquisition of the Equipment. Section 2. The Financing Docurnnents and. the acquisition and financing of the Equipment under tlne terms and conditions as described in the Financing Documents are hereby approved. The Mayor of City of Longwood anal alny other officer of Lessee who shall have power to execute contracts on behalf of Lessee be., and each of them hereby is, authorized to execute, a.cluiowledge and deliver the Financing Documents with any changes, insertions and omissions therein as may be approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The City Clerk of the Lessee and any other officer of 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 saine. Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents. Section 4. Pursuant to Section 265(4) of the Internal Revenue Code of 1986, as amended (the "Code"), Lessee hereby specifically designates the Lease as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. The undersigned further certifies that the above resolution has not been repealed or amended and remains ill frill force and effect and further certifies that the Lease and. Escrow Agreement executed on behalf of Lessee are the same as presented at such meeting of the govering body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same. PASSED AND ADOPTED THIS 5 ��`DAY OF 10,_za nb r A.D., 2005. By: NL,�tmjt� &4', )W_ j� Haywood G. Bundy/,Jr., Mayor Attest: Sarah 1Vr Mijares, City C erk Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.