HomeMy WebLinkAboutCity of Tamarac Resolution R-89-094Temp. Reso. #5381
1
2
CITY OF TAMARAC, FLORIDA
3
RESOLUTION NO. R-89-
4
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
5 OFFICIALS TO EXECUTE AN AGREEMENT WITH EMERGENCY
ONE, INC., FOR THE LEASE -PURCHASE OF A NEW HUSH XLT
PUMPER FOR THE FIRE DEPARTMENT; AND PROVIDING AN
EFFECTIVE DATE.
9
10
11
0WA
13
14
15
16
17
18
21
`*41
23
24
25
26
27
28
29
30
33
34
35
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute an Agreement with Emergency One,
Inc., for the lease -purchase of an Emergency One HUSH XLT
Pumper at the cost of $248,899.98 (five equal annual payments
of $49,776.06 with the first payment on or about October 1,
1990), a copy of said agreement being attached hereto as
"Exhibit 1".
SECTION 2: This Resolution shall become effective upon
?-.dopt,ion.
PASSED, ADOPTED AND APPROVED this /- day of ,
1989.
ATTEST:
CAROL A. VANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
�t G &-,1
RICHARD DOODY
CITY ATTORNEY
NORMAN ABRAMOWITZ
MAYOR
RECORD U. _. ,jNCII VOTE
MAYOR ABRAMOWITZ J_.6�,A jz__..
DISTRICT 1: C/M ROHR
DISTRICT 2: C/M STE(.ZER
DISTRICT 3: C/M HOE MAN
DISTRICT 4: V/M BENDER _
Agreement No. N1--U0722
LEASE-PUF IASE AGREEMENT
This is a LEASE;-PUWHASE AGP&A INT between Emergency One, Inc., a Delaware
Corporation ("Lessor"), and the City of Tamarac, Florida, a political
subdivision of the State of Florida ("Lessee");
WI 'LMSSEMi:
M ERE;AS, the Lessee wishes to lease -purchase certain equipment from the
Lessor (the items of equipment leased to Lessee hereunder, together with all
replacement parts, repairs, additions, attachments, accessories and replace-
ments therefor, are herein collectively referred to as the "Filuipmexit"), whicri
EAluilm►ent is descriued in Exhibit "A" now attached or hereafter to be attached
to this lease (which Exhibit, whether now or hereafter attached to this lease
is incorporated herein); and
MiE1Zt.;ELS, the relationship between the parties snall be a continuing one and
items of equipuent may be added to or deleted from the &iuiFalent from time to
time by mutual written consent of the parties Hereto.
NOW, THE2k2-DRE, the parties hereto, by executing this lease-purcnase
is agreement (the "Lease") do hereby agree as follows:
1. Terms and Recital Notices. Subject to the conditions stated herein,
trais Lease, as to any item of I)-juipment, snail be for ttie initial term statea
on the Payment Scneuule and shall commence with the acceptance of that item by
Lessee. Lessee agrees to pay as rent the total amount of all rental iayments
stated on tie Payment Sct►edule plus such adaitional amounts as are provided
herein. PROVIDED, HOWEVER, THAT NEIWER THE LESSEE, UHE STATE OF FLORIDA, NOR
ANY POLITIC'.AL SUBDIVISION 'THEREOF &iKLL BE OBLIGATED TO PAY ANY SUMS DUE TO
LESSOR HE1iF.'[ UNDER F10,1 AD VALOREM TAXES. All payments shall be made pursuant to
the attacned Payinent 16diedule (Exhibit D) at the address specified by the
Lessor in its periodic invoice. Notwithstanding any other provision of this
Agreement and under any and all circumstances, Lessee is obligated to pay
interest to Lessor on the Purchase Price (remaining balance) at the per annuni
rate specified in this Agreement for each day this Agreement remains in
effect. All such unpaid interest shall be due immediately upon termination of
this Agreement.
2. Purchase, Delivery, Authorization for Payment and Title. Lessor and
Lessee shall execute a sales contract for the purchase of equipment from a
vendor selected by the Lessee. Equil-snent will be delivered to the Lessee with
title in the name of and delivered to the Lessee free and clear of all liens
and encumbrances or interests of any party therein except the interest of the
Lessee and Lessor hereunder. 'Ihe Lessee shall at all times keep the Equil wnt
free of any liens or encumbrances. TITLE TO 7111: LQUIPb 24T SHALL BL IN LESSEE
upon Lessee's acceptance of the 114uipment as conforming to the purchase order
therefor.
-1-
R- 99 - 9i4
Agreement No. 1-UU722
3. Definition of "Balance Due Lessor". The term "balance Due Lessor" •
shall mean, as to any item of Equilxaent to which Lessee loses the right to
possession for any reason hereunder including, without limitation, for those
reasons set fortsi in the sections hereof entitled "Termination for Govern-
mental Non -Appropriation", "Default" and "Remedies", and as to any eyuilzient
as to which a casualty has occurred (see section hereof entitled "Risk of
Loss") , the suet of all amounts whim would have been due to Lessor under this
Lease from the original date hereof to the end of the initially contemplated
term hereof (and any extensions of that term then in effect 'tad an event
giving rise to the need to calculate the balance Due Lessor not occurred),
plus late interest (if any) as defined in Section 10, less only (i) amounts
already paid Lessor hereunder; and (i i) unearned interest for tfiat portion of
the initially contemplated term hereof (and any extension of that term then in
effect) remaining after the Balance Due Lessor is received by Lessor
calculated upon the total interest set forty► in the applicable Schedule with
all prior payments having been allocated to principal and interest in
accordance with the interest method of calculating such allocations.
4. Sublease. Lessee may sublease the Equiptuent to otrer govenimental
ageiicies or districts for the use by said organizations within the
geoyrapl,ical confines of the State of Florida; YRUVIDr..U, HOWLVLK, that ( i ) any
sucii sub -lessee shall expressly agree in writing Ciat the rigitts of the
sub -lessee are subordinate to this Lease, (ii) the sub -lessee shall agree in
writing that any of its rights in the kquilvent are subject to all rights of
the Lessor hereunder, (iii) Lessee shall retrain fully obligated to Lessor
rereunder notwithstaixiiny such subleasing, and (iv) prior to entering into any
such sub --lease, Lessee snall give Lessor written notice of its intention to
sublease the Equipment specifying the name of the sub -lessee and the place
where the Equipment small be maintained by the sub -lessee and Lessee shall not
enter into that sublease if Lessor expresses its written objection thereto,
based upon reasonable grounds, within fifteen days after Lessor's receiving
notice of such intention by Lessee to sub -lease. Any such sub -lessees shall
not asswne or be responsible for the monetary payment obligations but Lessee
shall remain responsible trierefor.
5. Care and Use of Lquipmwit. Lessee and its sublessees, at their
expense, shall maintain the Equipment in good operating condition and appear-
ance, ana protect same from deterioration other than normal wear and tear;
shall cause the Fi-luilxient to be used within its normal capacity, without abuse
and in a n►atu-ier contemplatea by the manufacturer thereof; shall not make
modifications, alterations or additions to the Equipment (other than additions
of normal operating accessories or controls), without U-ie written consent of
Lessor; shall not so affix the Equipment to realty so as to change its nature
to real property, and agree that the Eciuipnent shall remain personal property
at all times.
A
&a
L.�
Agreement No. 1+-00722
All modifications, repairs, alterations, replacements, substitutions, operat-
ing accessories arxi ccritrols sliall accrue to the Equipment and become subDect
to Lessor's interests therein. Lessor snail have the right to enter upon the
premises where the 1a,uipnent is located in order to inspect, or otherwise
protect Lessor's interest, and Lessee shall cooperate in affording Lessor the
Opportunity to do same. For the purpose of assuring Lessor that the Equipment
will be properly serviced, Lessee agrees to, cause the Equipment to be
maintained pursuant to the standard preventive maintenance contract and/or
recommendations of tJie manufacturer thereof.
6. Net Lease. Lessee intends the rental payments in this Lease to be net
to the Lessor. Lessee snail comply with all laws, bear all liabilities and pay
all taxes, documentary stamp taxes, excise taxes, personal property taxes and
assessments, licenses, registration fees, freight and transportation charges,
and any other charges imposed or liabilities incurred with respect to the
ownership, possession or use of the k�juipment during the term of this Lease
anu Lessee shall pay all exi-enses incurred by Lessor in connection with any
filings or recordings of any documents relating to this Lease or Lessor's
rights in the i:quipsnent. Lessor shall have the right to make any of the
payments required of Lessee under this Lease but shall not be ar)ligated to pay
the same, and to charge such payments with interest at the highest legal rate
irom tr►e date of payiLeat, as additional rent (to be included in the calcula-
tion of "Balance Due Lessor" to be paid by Lessee with the next rental
payi��erit) .
7. Insurance. Lessee shall keep the L:,uipmient insured against ail risks
of loss or damage from every cause whatsoever for rot less than the higher of
(a) the then Balance Due Lessor (as defined in the section hereof entitled
"i3alance Due Lessor") , or (b) the full insurable value of the hquipnent. At
its owi, expec;se Lessee snail cause all risk casualty, bodily in)ury and
property awnage insurance to Jae carried and maintained or shall demonstrate to
the satisfaction of Lessor that adequate self-insurance is provided with
respect to the Equikaient, sufficient to protect the Fall Insurable Value (as
that term is hereinafter defined) of the Equipment, and to protect Lessor from
liability in all events. All insurance proceeds from casualty losses shall be
payable as hereinafter provided in this Agreement. Lessee shall furnish to
Lessor or its assignee Certificates evidencing such coverage throughout the
Lease Term. Alternatively, Lessee may insure the Equipment under a blanket
insurance policy or policies which cover not only the Equipment but other
properties. If Lessee shall insure similar property by self-insurance, Lessee
will insure the Equiprae nt by means of an adequate insurance fund.
pine term "Fall Insurable Value" as used herein shall mean the full replace-
ment value of the Equipment or the then applicable Balance Due Lessor, which-
ever is greater.
Any insurance policy pursuant to this Section 7 shall be so written or
endorsed as to make losses, if any, payable to Lessee and Lessor as their
respective interests may appear.
M-M
R-- e7-94
Agreement No. I-UU722
�J
The Froceeds of such insurance payable as a result of loss or of damage to
Equipment, shall be applied at the option of the Lessee (a) toward the
replacement, restoration or repair of 17quiprrent which may be lost, stolen,
destroyed or damaged, or (b) toward payment of the Balance Due Lessor
hereunder. Any proceeds in excess of the Balance Due Lessor shall belong to
Lessee.
in the event Lessee shall fail to maintain the full insurance coverage requir-
ed by this Agreement or shall fail to keep the Equipment in good repair and
operating condition, Lessor may (but shall be under no obligation to) purcivase
the required policies or insurance and pay the premiums on the same or may
make suci repairs or replacements as are necessary and provide for payment
thereof; and all amounts so advanced therefor by Lessor shall become addition-
al relit for the then current Original Term or Renewal Term, which amounts
Lessee agrees to pay, together witri interest thereon at the rate of 18% per
annum or tf►e highest rate permitted by applicable law, whichever is less.
8. Default. If (a) Lessee snail default in the payment of any rent or in
makiriy ariy other lament hereunder when due and if such default continues for
l5 days after the mailing of written notice thereof to Lessee by Lessor, or
(o) Lessee shall default in the performance of any other covenant herein and
such deitault continues for 30 days after tt.e mailing of written notice thereof
by Lessor, or (c) Lessee becomes insolvent or makes an assignment for trie .
benefit of creditors, or (d) Lessee applies for, or consents to, the appoint-
ment of a receiver, trustee, conservator or liquidator of Lessee or of all or
a substantial part of the assets of Lessee, or if such receiver, trustee,
conservator or liquidator is appointed without the application or consent of
Lessee, or (e) a Petition is filed by or against Lessee under the Bankruptcy
Act or any amendment thereto (includiny, without limitation, a petition for
reorganization, arrangement or extension) or under any other insolvency law or
law providing for the relief of debtors, then, if and to the extent permitted
by applicable law, Lessor shall have the right to exercise the remedies
lzovided hereafter and any other remedies permitted iry law.
9. Remedies. upon default by Lessee as described above, Lessor shall nave
the right to demand implementation of the Remedy Procedure (defined below).
The Remedy Procedure shall apply to the Equipment and will result in the
payment to Lessor of the Balance Due Lessor. Immediately upon demand by Lessor
the following procedure (tne "Remedy Procedure") shall apply:
A. Lessee Right of Dis sition. Lessee shall (i) immediately cease any
use of the Equipment and cause to be properly stored in an appropriate place,
(ii) use its best efforts at Lessee's expense to dispose of the Equipment
within sixty (60) days from receipt of such written demand, for fair consider-
ation, which in no event shall be less than the amount necessary to provide
Lessor with the Balance Due Lessor from the proceeds thereof and Lessee shall
thereupon pay to Lessor the Balance Due Lessor; or
CM
f
Ayreentent No. PI-OU722
B. i)eiivery to Lessor. If lessee fails to so dispose of the i7juipnent for
at least tare Balance Due Lessor within that sixty (60) dal period, then Lessee
shall, at its expense, cause possession of the Lquipmetrt together with all
documents necessary to transfer legal and beneficial title thereto and
possession thereof to Lessor and to evidence the termination of all of
Lessee's interests in the 1�juifinent to be delivered at Lessor's direction
consistent with the terms hereof, all in full satisfaction of the Balance Due
Lessor as to that Fquiprkent .
No failure on the part of the Lessor to exercise, and no delay in exercising
any right or remedy shall operate as a waiver thereof; nor shall any single or
partial exercise by Lessor of any right or remedy provided hereunder preclude
any other or further exercise of any otter right or remedy provided hereunder.
10. Past Due Interest. Menever a payment is riot made when due hereunder,
Lessee promises to pay Lessor, not later than one month after notice thereof
is given to Lessee, past due interest calculated at 18% or the highest rate
permitted by law, whichever is less, on the amount due for the period of delay.
11. Risk of Loss. Lessee hereby assumes the entire risk of loss, from any
and every cause whatsoever to the Equipment. In the event of loss, Lessee at
40 its expense and at Lessee's option small either (a) repair the E�iuipment,
returning it to its previous condition or (b) replace same with like DquiEuent
acceptaole to Lessor and in good condition and equivalent value which snail
become subject to all of Lessor's interest in the F;quipnent so replaced, or
(c) pay Lessor the Balance Due Lessor (as defined in the Section hereof
entitled "Definition of Balance Due Lessor") and upon such payment this Lease
as to any such Equipurent sha11 terminate.
12. Other Covenants. Lessee agrees that this Lease shall continue in full
force aria effect, subject to t►ie provisions relating to termination herein,
regardless of the inability of the Lessee to use the Lquip ent because of anY
reason whatsoever, including, but not limited to, wear, act of Gail, war,
strike, loss or damage, obsolescence or breach of warranty. Lessee warrants
that this Agreement and the performance of Lessee's obligations hereunder has
been duly approved, authorized, executed and delivered with all proper
procedures fully complied with, and that this A�jreement is valid, legal,
binding and is enforceable against Lessee in accordance with its terms.
13. Assignment. This Agreement, and the obligations of Lessee to make
payments hereunder, are not assignable, saleable, or transferable by Lessor,
in whole or in part, as required by Section 265(a)(2) of the Internal Revenue
Code and reyulations issued thereunder.
-5-
Agreement No. 1--UU722
14. '.L�erMinatiozi for Governmental ;tan -Appropriations. Lessee is a bona fide
political subuivisiozi of the State of Florida with Lessee's fiscal year ending
on of each calendar year. If Lessee does not appropriate
sufficient funds to continue making the paymeiits required under this Lease for
any of Lessee's fiscal years subsequent to the one in which the Lease is
executed and entered into, then this Lease shall be terminated effective upon
expiration of the fiscal year in which sufficient funds to continue satisfac-
tion of Lessee's obligations under this Lease were last appropriated by Lessee
and Lessee shall not, in this sole event, be obligated to make any further
payments due beyond said fiscal year. In the event of non -appropriation, the
Balance Due Lessor at the end of the current fiscal year will be computed as
defined in Section 3 of the Agreement hereof. Lessee warrants that the
necessary funds have been appropriated for Equipment shown on Lxhibit "A" for
Lessee's fiscal year during which the crate of the execution by Lessee of that
Exhibit occurred. Lessee shall gave Lessor not less than 30 days notice of
Lessee's intent to terminate this Lease under this Section, which notice shall
contain the termination date (which shall be the end of the last of Lessee's
fiscal year for whidri appropriations for tine F4uirAmnt were made) and shall
advise the Lessor of the location or locations where the EquipAnent may be
found on the Termination Date. In the event of an early termdnation of ti-ie
Lease under this Section, the Remedy Procedure (see Section 9 hereof entitled
"lemedies") snail apply to the 54uiynient as to which the Lease is terminated.
All obligations of the Lessee to make rental payments which would otherwise be
due hereunder after the Termination Date shall cease. Lessor shall pick up ti-►e
L7yuipment, at Lessee's expense, at the location or locations designated by the
Lessee. Ilse Lessee agrees to permit Lessor access to the Equipment and to
cooperate with Lessor in the removal of the Equilment. However, Lessee agrees:
(i) not to cancel this Lease under tnis provision it any funds are appropri-
ated to it for the ac( uisition (by purchase or lease) of other functionally
similar equipu�t for the fiscal year of termination, ana (ii) to expressly
include in its appropriations each year a line entry for payments due under
tiiis Lease.
15. Additional Schedule; Amendments. This Lease and all EYJAI its added
hereto shall be construed as one Lease (the term "Lease" as used herein shall
mean tnis instrument anca all Mii0its, Addendums and Schedules attached here-
to). 11cept as provided herein, this Lease contains the entire agreement
between the parties and may not be altered, modified, terminated or discharged
except in writing and signed by both parties.
16. Miscellaneous. This instrument shall be deemed to have been executed
and entered into within the State of Florida and any dispute arising hereunder
shall be governed by the laws of Florida. THIS INat'RUMM LO S NOT CREAiL A
SLaMTy Jarj' &ST Iid OR LIEN UPON THE; EQUIP 4DU. Any provision of this instru-
ment in violation of the laws of the State of Florida shall be ineffective to
the extent of such violation, without invalidating the remaining provisions of
this instrument. In no event shall the Lessor have any cause of action against
tine officers or employees of Lessee, or against any elected official of Lessee
based upon or materially related to any finding by any court tnat any or all
provisions of this instrument violate Florida law. 'ihe Section headings used •
herein are for convenience only and shall have no significance in the
interpretation of ti'iis instrument. 2nis Lease and these Exhibits shall be
binning only when accepted by Lessor and when signed by both Lessee and Lessor:
IM.
e- P7-_ q 1
Agreement No. M-00722
U1
DI SC LidkI ; R OF hNRRAN'T'I ES . TIIE E WI PM 24T IS CCVERE;D BY THE REGULAR PRIN'i M
WARRANTY. In no event shall Lessor be Liable for an incidental, indirect,
special or consequential damage in connection with or arising out of this
Agreement or the existence, furnishing, functioning or Lessee's use of any
item or product or services provided for in the Agreement.
THL PROVISIONS UPON ANY LMILITS ATTACHED HERETO OR hE;REAF MR 'PO EL
ATIAI TO THIS LEASE; ARE INCLUDED IN AND MADE A PART HEREOF. ThE; PARTILS
Aag4(X.U)G7" REUIPrf OF A SIGZD, TWE" AMJ IXAC'T' COPY OF THIS LEASE.
IN WITULSS 141Ek F, the parties hereto have caused this Lease to be
executed by tneir proper corporate officers, all as of the day and year
indicated below.
ACc:EP'IED this /� Dug of 1989.
imrgency Cne, Inc.
"Lessor"
/,o /� �,
By: P C -
Title:�-
U
50
City of Tamarac, Florida
"Lessee"
By:
-TG 41V E
Tit e: T Y Al 4VV46C
• RVI-irrAirm "all
Ll
C�
A
Ayreement No. I4-OU722
J�mertj.ency One HU3i XLrV PuMI-er Fire Ak aratus MDunted on a 1989 Federal Motors
HUSi Qlassis
-b-
R-s9-9LI
Agreement No. I-00722
E RlBIT "B"
CF.RTTFICA119E
I, ' _-J-19HN 10 /CC[.-t-y, • CITy of the City of Tamarac, Florida,
hereby certify that the Lease --Purchase Agreement dated /-'2, , 1989,
between Emergency Cne, Inc., as Lessor, and the City Of Tamarac, Florida,
as Lessee, leasirby the property described in Exhibit "A" attarhea to ttie
Lease -Purchase Agreement, was executed by me on the flay of ,11
-
1989; that I have full power and autt►ority to execute the Lease- chase
Agreement and trat the power to enter into the Lease -Purchase Agreement
granted to me by the City of Tamarac, Florida has not been wittidrawn, and that
all required procedures necessary to make the Lease -Purchase Agreement a legal
ana binding obligation of ttze Lessee have been followed. I also do hereby
certify that yaymerits due in the current fiscal year under the terms of the
Lease-Purc:liase Ayreen►ent are available, unexhausted ana an unencLudiered
apizopriation.
IN WITNESS ti�,OF, I have set any hand this � Day of , 1989.
Attest: �,.', iX L
signature
c.9kcc A- c WNs
L�/�K
Title
50
Agency Official:
C�
11
•
Agreement No. M-OU722
EXHIIAIT "C"
CLRTIFICAUE AS TO ARBITRAGL;
I, ttie undersigned officer of the City of Tamarac, Florida. (the "Lessee")
being the person duly chargea, with others, witi, responsibility for issuing
tr►e Lessee's obligation in the form of that certain agreement entitled
"rauniciral Lease and Option Agreement" (the "Agreement") dated ,
1989, and issued said date hereby certify that:
1. The Agreement was issued by the Lessee under and pursuant to Florida law to
finance the acquisition of certain equipment described therein.
2. Pursuant to the Agreement, the Lessee is
went in consideration for the obligation of
Said equipment will be used in furtherance
Lessee. The Lessee does not intend to sell
otherwise dispose of said equipment during
Lessee will not receive any monies, funds or
the Agreement.
entitled to receive said equip --
the Lessee under the Agreement.
of the public purposes of the
said equipment, Agreement or to
the term of the Agreement. The
other "proceeds" as a result of
3. Ttie Lessee expects to make payments under the Agreement from sufficient
funds but no monies are pledged to the Agreement.
4. The Lessee lids not received notice that its Certificate may riot be relied
upon with rebpec.t to its own obligations nor has it been advised that any
adverse action by the Commissioner of Internal Pevenue is oontemplatea.
1'o the best of my Jijxmleage, information and belief the expectations herein
exj.ressed are reasonable ana there are no facts, estimates or circumstances
other than those expressed herein that woula materially affect the
exl ectations herein exrres; ed.
In Witness W-tereof,
Attest:
al —
I nave hereunto set my hand this � day of
1989.
v - �
GA oL A, E VANS
Title: a l ry Q-C- R K
-lU_
City of lVamarac, Florida
("Lessee")
By
.7Ob4iv p GLl_y
TitUe.;-��i i r M NAG 66Z
8, gc/,- ?�
III
WVUrurm ,In"
PANT SCIEDL1 .h
Lessee: City of 'Tamarac, Florida
Agreement No. M-00722
Date of Lease: 1989
Number and Frequency of Payments: Five Annual Payments In Arrears
Interest Computed at: 8.10% per annum
Payment Payment
Date Number
Total
Payment
Principal
2?Wonent
Interest
Component
Purchase
Price
Eqpt. Cost
$198,232.00
1
$49,776.06
$33,724.33
$16,051.73
$164,507.67
2
$49,776.06
$36,455.14
$13,320.92
$128,052.53
3
$49,776.06
$39,407.08
$10,368.98
$ 88,645.45
4
$49,776.06
$42,598.04
$ 7,178.02
$ 46,047.41
5
$49,776.06
$46,047.41
$ 3,728.65
$ -0-
Payment dates occur annually in arrears following CbmmeAccement Date
and can be inserted in this schedule at a later date.
* Balances Not Paid When Due Shall Be Subject To Past Due Interest At
The Rate Of 18% Per Annum Or The Highest Rate Permitted By Law,
Whichever Is Less.
Interest accrues daily, at the rate indicated, on the outstanding principal
balance (listed in "Purchase Price" column).
Rnergency One, Inc.
fit e$ If
By:
Title: ��-C�.At
City of Tamarac, Florida
"Lessee"
By: !�
2'i
Doc
14 G
0
L�
L�
e-'Y9-9AI
•
C�
Ayreercient No. Nr-00712
WMIRIT "E"
AOCEPZ'ANCE =IFICAT-L
The undersigned, as Lessee under the Municipal Lease and option Agreement (the
"Agreement") dated , 1989 with Emergency one, Inc. ("i,essor"),
acknowledges receipt in good dition of all of the Lquipment as described in
the Agreement and in Lcnibit "D" thereto this , day of , 1969,
and certifies that Lessor has fully and satisfactorily performed all of its
covenant; and obligations required under the Agreement and that the kj4uipaent
is satisfactory in all respects.
Lessee confirms that the Commencement Date of the Agreement is ; ' /.Z,
1989, and it will commence i-eyments in accordance with Exhibit D, the Payment
Sccueuule, of the Agreement.
lice unaersicjpea officer of the Lessee hereby affirms in all respects the
Certificate as to Arbitrage attached as Exhibit "C" to the Agreement, and
retxresents that, to the best of his or her knowledge, information and belief,
t►►e expectations therein expressed were reasonable as of the date on wr,ich
tiiey were made, and are reasonable as of the Commencer�ent Date, and that there
were, and are as of the C:oimnenceInent Date, no facts, estimates or circwr�-
stances otter than those expresseu therein that would materially affect the
expectations expressed therein.
City of Tamai:dc, Florida
("Lessee")
BY:
.T'o hf n% P K ELL
Title: 1 __C(D 1qA1V4&e R
NOTE:
The Lease Pmper will not be ready until on or after October 1, 1989.
-12-
Y
Agreement No. M-00722
E! U131T "F"
INSURANCE COVERAGE REQUIMENTS
To: Emergency One, Inc. ( "Lessor" )
c/o Federal Signal Credit Corporation
1415 W. 22nd Street, Suite 1100
Oak Brook, Illinois 6-521
Subject: Insurance Coverage Requirements
1. In accordance with Section 7 of the Agreement, we have instructed the
insurance agent named below (please fill in name, address and telephone number)
Florida League of Cities
Winter Park
Phones 1--800-45-6248
Suncrm• 348-677d
to issue:
a. All Risk Physical Damage Insurance on the leased equipment
evidenced by a Certificate of Insurance and ,Long Form Loss Payable
Clause naming Emergency One, Inc. as Loss Payee.
Coverage Required: Actual Cash Value
b. Automobile Liability Insurance evidenced by a Certificate of
Insurance.
Minimum Coverage Required: $1,000,000.00 combined single limit
(bodily injury and property damage)
NC7ITE: If the vehicle (s) is not licensed for over the road use, then
insurance limits and requirements are the same as for properly
licensed vehicles, i.e., $1,000,000.00 combined single limit (bodily
injury and property damage) and a certificate of insurance is
required.
KV
2. Pursuant to Section 8.03 of the Agreement, we are self -insured for all
risk, physical damage, automobile liability and unlicensed vehicles. We will
provide proof of such self-insurance in letter form together with a copy of
the statute authorizing this form of insurance.
3. Proof of insurance coverage will be provided to Emergency One, Inc. prior
to the time that the equipment is delivered to us.
City of Tamarac, Florida
By:
Titl x .7Ionl P. kE
-13-
0
" AIM
• ; �9 7525 NORTHWEST 881r, AVEN,JE • TAVARAC FLORIDA 33321-2401
TELEPHOr4E (305; 722- 590.�
RICHARD L DOODY
CITY ATTORNEY
May 8, 1989
Emergency One, Inc.
1415 West 22nd Street
Suite #1100
Oak Brook, IL 60521
RE: MUNICIPAL LEAS. AND OPTION AGREEMENT #M-00722
(the "Agreement")
Gentlemen:
• As counsel for the City of Tamarac, Florida ("Lessee"),
I have examined the above -referenced original Agreement
between Lessee and Emergency One, Inc. ("Lessor"), and the
proceedings taken by Lessee to authorize and execute the
Agreement.
0
Based upon such examination of law and fact as I have
deemed necessary or appropriate, I am of the opinion that:
1. Lessee is a public body, corporate and politic,
duly organized, legally existing under the laws of
the State of Florida.
2. The Agreement has been duly authorized, executed
and delivered by Lessee pursuant to Constitutional,
statutory and/or home rule provision which autho-
rized this transaction in accordance with its terms
and conditions.
3. The Agreement is a legal, valid and binding
obligation of Lessee, enforceable in accordance
with its terms.
AN EOLIA: OPPORTJN'TY E► ,`,0YFP.
POLICY Or NONDISCRIMINATION Or, THE Or' HAI.D.CApi'EG STATUS
•
Emergency One, Inc,
May 8, 1989
Page 2
4. No litigation is pending or, to the best of my
knowledge, threatened in any court or other
tribunal, state or Federal, in any way questioning
or affecting the validity of the resolution or the
Agreement.
5. The signature of the official of Lessee which
appears on the Agreement is true and genuine; I
know said official and know him/her to hold the
office set forth below his/her name.
RICHARD L. DOODY, ESQUIRE •
City Attorney - City of Tamarac
Counsel for Lessee
Signature 0
RLD:beo
�Z �9-gel
KI
Effective December 31, 1986, IRS Form 8038-G must be filed for each
issue of tax-exempt governmental bonds of $100,000 or more. In this
transaction, you, as Lessee, are the issuer.
This form is for information purposes only, BUT IT MUST BE FILED.
We have filled in the form, except for signature (at bottom) and issuer's
employer identification number (Part I, Line 2), and issuer's report
number (Part I, Line 4). If this is your first filing of a Form 8038-G
this year, your report number would be 1989-1.
Please have an authorized representative sign the form, fill in the
remaining information (Part 1, Lines 2 & 4), and return it to Federal
Signal Credit Corporation. We will file it with the IRS.
4bour cooperation is sincerely appreciated.
� �
t
i
0
Form 8038-G I Information Return for Tax -Exempt
(Decem5e! :9M Governmental Bond Issues
0epanmen',o'tnr tteasu•) ► Under Section )49(e)
Internal Re.tnue Se++-:r (Use Form 8038•GC it ;slue prica s under 1100 000.)
or.rErje :54S0'2,
Ecprres :2-3;-Eb
Reporting Authority Cr.•ck. bo.. It Amenoec rceturn 1
1 Issuer's name 2 IssVer•s erripnyer r0entlli"li0h numper
City of Tamarac Florida S9'7.5—oo��K
Def
Numoet ano street t Action nu 9
7501 NW 88th Avenue G198 --
5 City or town. Stott, ano ZIP coon 16 Uatr nI rssur
Tamarac L 33321
:r Type of Issue (check box(es) thz' applies)
7 Check box if bonds are tax or other revenue anticipation bonds I► ❑ Issue Face
8 Check box if bonds are in the form of a lease or installment sale
9 ❑ Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 ❑ Health and hospital . . . . . . . . . . . . . • • • • • • •
11 ! J 7ranspor,ation . . . . . . . . . . . . . . . . . . . . . . . . . .
12 ® Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . 193,232 01)
13 ❑ Environment (including sewage bonds) . . . . . . ' . . . . . . . . . . . . . .
14 ❑ Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 ❑ Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 ❑ Other. Describe (see instructions) P-
Description of Eonr's
(d) I I
(a) I (b) (e) I 5utec reoernalron w(e) elgr •ed O Net IC) interest
A,alV'i1P date In,eresl rase 1 Issuc Lam Lace Ott, a: atVrr!r everrr e7 -IV WV Yield cost
17 Final maturity 18.10,E 1 19$ 232.0') 1 46 047.41 // i- i%/%'%'fit%/,.%'/1:.;'% % %�// ///i'
18 Entire issue . 193 232.00 1 198 232.00 1 3. 1 years I S. 13% 1 9. 10
Uses of Ori,inal Proceeds of Issue (fncludinj underwriters' discount)
19 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . . . • 1 19 1
20 Proceeds used for bond issuance costs (including undert•:rit_•s' discount) . . . . . . . 1 20 1
21 Proceeds used for credit enhancement . . . . . . . . . . . . . . . . . . . ' 21 1
22 Proceeds allocated to reasonably required reserve or replacement fund . . . . . . . . . . . 1 22 I
23 Proceeds used to refund prior issues . . . . . . . . . . . . . 23 I
24 Nonrefundine proceeds of the issue (subtract fines 20. 21. 22, and 23 from line 18. column (c)) ! 24 1
Description of Refunded Bonds (complete this part only for rell indin& bonds)
25 Enter the remaining weighted average maturity of the bonds to be refunded . . . . . . . . . ■ YeZ's
26 Enter the last date on which the refunded bonds will be called . . . . . . . . . . . . . 0-
27 Enter the date(s) the refunded bonds were issued ■
Miscellaneous
28 Enter the amount (if any) of the state volume cap allocated to this issue . . . . . . . . . . ■
29 Arbitrage rebate: ❑
a Check box if the small governmental unit exception to the arbitrage ebate requirement applies . . . . . . . . . .
b Check box if the 6-month temporary investment exception to the arbitrage rebate requirement is expected to apply . . . . . D
c Check box if you expect to earn and rebate arbitrage profits to the U•S. . . . . . . . . . . . . . . . .
30 Enter the amount of the bonds designated by the issuer under section 267(b)(3)(3)(ii) . . . . . ■
31 Pooled financings:
a Check box if any of the proceeds of this issue are to be used to make loans to other governmental units ■ ❑ and
enter the amount ■
b Check box it ,his issue is a loan made from the proceeds c' another tax•exemDt issue N ❑ and enter the name of the
issuer ano the d'cte o'the issue
untie, Denai e5 0! p y, I oe a at I ay to ,n!s return ant a":orr.panyrng S.ne;w-4. anc S:aiernents, ano to ine pest 0! my AnpWieOge anC blue,
Please they arc:r orre to mete
Sign 1.1_-Y
Here $ -a:u o, officer Uz,e r,ie 7- NAC7C
Fcr Paperwor duction Act Notice, see page 1 the Instructions. Form E036-G (:2-E5)