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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2016-098 <br />RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT <br />LEASE/PURCHASE AGREEMENT WITH RESPECT TO THE ACQUISITION, PURCHASE, <br />FINANCING AND LEASING OF CERTAIN EQUIPMENT FOR THE PUBLIC BENEFIT; <br />AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS REQUIRED IN <br />CONNECTION THEREWITH; AND AUTHORIZING THE TAKING OF ALL OTHER <br />ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS <br />CONTEMPLATED BY THIS RESOLUTION. <br />WHEREAS, the City of San Leandro (the "City"), a charter city duly organized and <br />existing under the Constitution and laws of the State of California, is authorized by the laws of <br />the State of California to purchase, acquire and lease personal property for the benefit of the City <br />and its inhabitants and to enter into contracts with respect thereto; and <br />WHEREAS, the City desires to purchase, acquire and lease certain equipment with a cost <br />not to exceed $5,500,000 constituting personal property necessary for the City to perform <br />essential governmental functions and/or functions incidental thereto, such as LED lighting, <br />HVAC and other energy and water efficiency equipment to be installed at various locations in <br />the City (the "Equipment"); and <br />WHEREAS, in order to finance the acquisition and installation of the Equipment, the <br />City proposes to enter into an Equipment Lease/Purchase Agreement (the "Agreement") with <br />Bank of America, National Association, and an Escrow and Account Control Agreement (the <br />"Escrow Agreement") with Bank of America, National Association, as escrow agent, the forms <br />of which have been presented to this City Council at this meeting; and <br />WHEREAS, this City Council deems it for the benefit of the City and for the efficient <br />and effective administration thereof to enter into the Agreement and the Escrow Agreement, and <br />the other documentation related to the financing of the Equipment for the purchase, acquisition <br />and leasing of the Equipment on the terms and conditions therein provided. <br />NOW, Therefore, Be It and It Is Hereby Resolved by the City Council of the City of San <br />Leandro as follows: <br />Section 1. Approval of Documents. The form, terms and provisions of the <br />Agreement and the Escrow Agreement are hereby approved in substantially the forms presented <br />at this meeting, with such insertions, omissions and changes as shall be approved by the City <br />Manager, Finance Director and City Clerk or any of them (each, an "Authorized Officer"), the <br />execution of the Agreement and the Escrow Agreement being conclusive evidence of such <br />approval; and each of the Authorized Officers is hereby authorized and directed to execute, and <br />each of the Authorized Officers is hereby authorized and directed to attest, the Agreement and <br />the Escrow Agreement to the respective parties thereto, and the City Clerk of the City is hereby <br />authorized to affix the seal of the City to such documents. <br />RESOLUTION NO. 2016-098 <br />