91-03 v RESOLUTION NO. 91-3
RESOLUTION OF THE CITY COMMISSION OF ATLANTIC
BEACH, FLORIDA, AUTHORIZING THE EXECUTION AND
DELIVERY OF A MASTER LEASE-PURCHASE AGREEMENT
AND THE PARTICIPATION BY THE CITY IN THE
FIRST MUNICIPAL LOAN COUNCIL ' S CAPITAL
ASSISTANCE FINANCING PROGRAM; AUTHORIZING THE
LEASE PURCHASE OF CERTAIN EQUIPMENT; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF ATLANTIC
BEACH, FLORIDA:
SECTION 1 . DEFINITIONS . The following terms shall
have the following meanings herein, unless the text otherwise
expressly requires . Words importing singular number shall
include the plural number in each case and vice versa, and words
importing persons shall include firms and corporations .
Capitalized terms not otherwise defined herein shall have the
meaning assigned to such terms in the Lease Purchase Agreement.
"City" or "Lessee" means the City of Atlantic Beach,
Florida, a duly created municipality.
"Clerk" means the City Clerk, and, in his or her
absence or unavailability, any Deputy Clerk or such other person
as may be duly authorized to act on his or her behalf.
"City Commission" means the City of Atlantic Beach ' s
governing body.
" Lease Agreement" means the Master Lease-Purchase
Agreement, in its substantive form, which will be dated as of
March 1, 1991, between the Lessor and the City.
"Lessor" means Sun Bank, National Association.
"Mayor" means William I. Gulliford, Jr.
"Project" means the purchase of the new computer system
and telephone equipment and furniture for the new City Hall.
SECTION 2 . FINDINGS . It is hereby found and
determined that:
(A) The Capital Assistance Financing Program is a
program operated under the auspice of the First Municipal
Loan Council, a political subdivision created pursuant to
Chapter 163, Florida Statutes, which is sponsored by the
Florida League of Cities, Incorporated, a Florida not-for-
profit corporation, for the sole purpose of assisting
eligible governmental units in the State of Florida with
financing arrangements for the acquisition of equipment,
other personal property and real property.
( B ) The Commission desires to participate in the
Capital Assistance Financing Program and to lease purchase
the Project and is authorized and empowered by the Act to
enter into transactions such as that contemplated by this
Resolution and the Lease Agreement, and to fully perform its
obligations thereunder in order to lease-purchase the
Project.
(C) The payments payable by the Lessee under the Lease
Agreement shall be year to year only; shall constitute
currently budgeted expenditures payable from the City ' s
general fund, and shall not constitute a general obligation
or other indebtedness within the meaning of any
constitutional or statutory debt limitation, nor a mandatory
charge or requirement in any ensuing fiscal year beyond the
then current fiscal year.
SECTION 3 . AUTHORITY FOR THIS RESOLUTION . This
Resolution is enacted pursuant to the provisions of the Act and
other applicable provisions of law.
SECTION 4 . AUTHORIZATION OF LEASE-PURCHASE OF THE
PROJECT. The City hereby authorizes the lease-purchase of the
Project in accordance with the terms of the Lease Agreement.
SECTION 5 . APPROVAL OF LEASE AGREEMENT . The City
hereby authorizes and directs the Mayor to execute the Lease
Agreement, and the Clerk to attest the same under the seal of the
City, and to deliver the Lease Agreement to the Lessor for its
execution. The Lease Agreement shall be in substantially the
form attached hereto as Exhibit A, with such changes, amendments,
modifications, omissions and additions as may be approved by said
signatories. Execution of the Lease Agreement shall be deemed to
be conclusive evidence of approval of such changes.
SECTION 6 . APPROVAL OF RENT AND TERMS SET FORTH ON
EXHIBIT B OF THE LEASE AGREEMENT. The City hereby authorizes and
directs the Mayor and the City Attorney to approve of the final
form and contents of Exhibit B of the Lease Agreement .
Attachment to the Lease Agreement prior to its execution by the
Mayor shall be deemed to be conclusive evidence of approval of
such exhibit.
SECTION 7. GENERAL AUTHORITY. The members of the City
Commission, the Clerk and the officers, attorneys and other
agents or employees of the City are hereby authorized to do all
acts and things required of them by this Resolution, or the Lease
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Agreement, or desirable or consistent with the requirements of
this Resolution, the Lease Agreement for the full punctual and
complete performance of all the terms, covenants and agreements
contained herein or therein, and each member, employee, attorney
and officer of the City Commission and the Clerk is hereby
authorized and directed to execute and deliver any and all papers
and instruments and to be and cause to be done any and all acts
and things necessary or proper for carrying out the transactions
contemplated hereunder.
SECTION 8 . SEVERABILITY AND INVALID PROVISIONS . If
any one or more of the covenants, agreements or provisions herein
contained shall be held contrary to any express provision of law
or contrary to the policy of express law, though not expressly
prohibited or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements or
provisions shall be null and void and shall be deemed separable
from the remaining covenants, agreements or provisions and shall
in no way affect the validity of any of the other provisions
hereof.
SECTION 9 . The City hereby authorizes its City
Attorney Alan C. Jensen, Esquire, to deliver an opinion with
respect to the transactions contemplated hereby.
SECTION 10. The execution of the Lease Agreement does
not directly or indirectly obligate the City to make any payments
beyond those appropriated for the then current fiscal year.
SECTION 11 . EFFECTIVE DATE. This Resolution shall
become effective immediately upon its adoption.
Adopted at a Commission Meeting this 28th day of
January, 1991 .
CITY OF AT ANTIC BE• H, LORIDA
(SEAL) I
By: A_ _ A 1A1 �� / �
yo •
ATTEST:
Clerk (/
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