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HomeMy WebLinkAboutReso - CC - 011-2011RESOLUTION NO11-2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE A MASTER EQUIPMENT LEASE PURCHASE AGREEMENT, EQUIPMENT SCHEDULE NO. 1 AND AN ESCROW AGREEMENT IN CONNECTION WITH THE ACQUISITION AND INSTALLATION OF AN UPDATED COMMUNICATION AND TECHNOLOGY MODERNIZATION PROJECT WHEREAS, the City of Burlingame, California (the "City"), is a general law municipal corporation duly organized and existing in San Mateo County, under the constitution and laws of the State of California; and WHEREAS, the City has determined that a true and real need exists for the acquisition and installation of an updated communication and technology modernization project (the "Equipment"); and WHEREAS, the City finds that it is necessary and desirable and in the best interest of the City, as lessee, to enter into a Master Equipment Lease Purchase Agreement (the "Master Lease") and Schedule No. 1 thereto (the "Schedule"), with Holman Capital Corporation, as lessor, for the purposes described therein, including the leasing of the Equipment; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA, AS FOLLOWS: Section 1. The Master Lease and the Schedule, in substantially the same forms as presented to this meeting, and the terms and performance thereof are hereby approved, and the City Finance Director is hereby authorized to execute and deliver the Master Lease and the Schedule on behalf of the City, with such changes therein as shall be approved by such officers, such approval to be conclusively evidenced by their execution thereof. Section 2. The Escrow Agreement (the "Escrow Agreement"), among the Lessee, the Lessor and the escrow agent named therein, in substantially the same form as presented to this meeting, and the terns and performance thereof are hereby approved, and the Escrow Agreement is hereby authorized to be executed and delivered on behalf of the Lessee by a duly authorized officer of the Lessee, with such changes therein as shall be approved by such officer, such approval to be conclusively evidenced by such officer's execution thereof. Section 3. The City shall, and the officers, agents and employees of the City are hereby authorized and directed to take such further action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution, and to carry out, comply with and perform the duties of the City with respect to the Master Lease and the Schedule. Section 4. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. Terry Nadel, Mahr I, Mary Ellen Kearney, City Clerk of the City of Burlingame do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the 22` d day of February, 2011, and was adopted thereafter by the following vote: AYES: Councilmembers: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE Mary EllAn Kearney, City Cler