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3428RESOLUTION NO.3428 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT,AND RELATED INSTRUMENTS,AND DETERMININGOTHER MATTERS IN CONNECTION THEREWITH Recitals: 1.The governing body of the Cityof Moses Lake has determined that a true and very real need exists for the equipment described in the proposed Master Equipment Lease/Purchase Agreement with SunTrust Equipment Finance and Leasing Corporation at this meeting. 2.Lessee has taken the necessary steps,including those relating to any applicable legal bidding requirements,to arrange for the acquisition of the equipment. 3.Lessee proposes to enter into the agreement with SunTrust Equipment Finance and Leasing Corporation substantially in the form presented at this meeting. 4.Lessee reasonably anticipates that itand its subordinate entities will not issue tax-exempt obligations in the face amount of more than $10,000,000 during the current calendar year. Resolved: 1.It is hereby found and determined that the terms of the agreement in the form presented at this meeting and incorporated inthis resolutionare inthe best interests ofthe City of Moses Lakeforthe acquisition of the equipment. 2. The Financing Documents and the acquisition and financing of the equipment under the terms and conditions as described inthe Financing Documents are hereby approved.The CityManager ofthe Cityof Moses Lake and any other officer of the Cityof Moses Lake who shall have power to execute contracts on behalf of the Cityof Moses Lake be,and each of them hereby is,authorized to execute, acknowledge and deliverthe agreement with any changes,insertions and omissions therein as may be approved bythe officerswho execute the agreement,such approval tobe conclusively evidenced bysuch execution and delivery ofthe agreement.The City Manager ofthe City of Moses Lakeand any other officer of the City of Moses Lake who shall have power to do so be, and each of them hereby is,authorized to affixthe official seal of the Cityof Moses Lake to the agreement and attest the same. 3. The proper officers ofthe Cityof Moses Lake be, and each ofthem hereby is,authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates,affidavits and other documents and to do or cause to be done any and allother acts and things necessary or proper for carrying out this resolution and the agreement. 4.Pursuant to Section 265(b) of the Internal Revenue Code of 1986,as amended,the Cityof Moses Lakehereby specifically designates the Lease as a "qualified tax-exemptobligation"forpurposes of Section 265(b)(3)of the Internal Revenue Code of 1986,as amended." 5. The undersigned further certifies that the above resolution has not been repealed or amended and remains infull force and effectand further certifies that the within Master Equipment Lease/Purchase Agreementisthe same as presented at said meetingofthe City Council ofthe City of Moses Lake. 6. The City declares its intentto be reimbursed forany temporary advances fromthe appropriate debt service fund to pay for any part of the equipment from proceeds of the lease financing. Adopted by the City Council on January 28,2014. Dick Dean,Mayor ATTEST: