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REGULAR MEETING MARCH 11, 2014 93 <br />between Lessee and the Escrow Agent (the "Escrow Agreement") and will be applied to the <br />acquisition of the Equipment in accordance with said Escrow Agreement; and <br />WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable <br />legal bidding requirements, to arrange for the acquisition of the Equipment; and <br />WHEREAS, Lessee proposes to enter into the Lease with PNC EQUIPMENT FINANCE, <br />LLC, and the Escrow Agreement with the Escrow Agent substantially in the forms presented to this <br />meeting. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR <br />THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: <br />Section 1. It is hereby found and determined that the terms of the Lease and the Escrow <br />Agreement (collectively, the "Financing Documents ") in the forms presented to this meeting <br />and incorporated in this resolution are in the best interests of Lessee for the acquisition of <br />the Equipment. <br />Section 2, The Financing Documents and the acquisition and financing of the Equipment <br />under the terms and conditions as described in the Financing Documents are hereby <br />approved. The City Controller of Lessee and any other officer of Lessee who shall have <br />power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to <br />execute, acknowledge and deliver the Financing Documents with any changes, insertions <br />and omissions therein as may be approved by the officers who execute the Financing <br />Documents, such approval to be conclusively evidenced by such execution and delivery of <br />the Financing Documents. The Board of Public Works of the Lessee is hereby authorized to <br />affix the official seal of Lessee to the Financing Documents and attest the same. <br />Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and <br />directed to execute and deliver any and all papers, instruments, opinions, certificates, <br />affidavits and other documents and to do or cause to be done any and all other acts and <br />things necessary or proper for carrying out this resolution and the Financing Documents. <br />Section 4. The undersigned further certifies that the above resolution has not been <br />repealed or amended and remains in full force and effect and further certifies that the <br />Lease and Escrow Agreement executed on behalf of Lessee are the same as presented at <br />such meeting of the governing body of Lessee, excepting only such changes, insertions <br />and omissions as shall have been approved by the officers who executed the same. <br />ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana <br />held on March Il. 2014, at 1308 County -City Building, 227 W. Jefferson Boulevard, South <br />Bend, Indiana 46601. <br />CITY OF SOUTH BEND, INDIANA <br />BOARD OF PUBLIC WORKS <br />s /Gary Gilot, President <br />s /Kathryn Roos, Member <br />s /Patrick Henthorn, Member <br />s /David Relos, Member <br />s /Brian Pawlowski, Member <br />ATTEST: <br />s /Linda Martin, Clerk <br />ADOPT RESOLUTION NO. 15 -2014 — A RESOLUTION OF THE SOUTH BEND BOARD <br />OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY - <br />FIREFIGHTERS BOOTS AND HELMET <br />Upon a motion made by Mr. Relos, seconded by Ms. Roos and carried, the following Resolution <br />was adopted by the Board of Public Works: <br />