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2233u u U RESOLUTION NO.2233 A RESOLUTION AUTHORIZINGTHE EXECUTION AND DELIVERY OF A MASTER LEASE,EQUIPMENT SCHEDULE,ANDRELATED INSTRUMENTS,AND DETERMINING OTHER MATTERS INCONNECTION THEREWITH Recitals: 1.The governing body of the Cityof Moses Lake desires to obtain certain equipmentdescribed in Equipment Schedule to the Master LeaseAgreement with Sun Trust Leasing,the form ofwhich has been available for review by the City Council priorto this meeting. 2.The equipment is essential forthe City of Moses Lake to perform its governmental functions. 3.The funds made available underthe Lease willbe deposited with Sun Trust Leasing pursuant to an Escrow Agreement between the City of Moses Lake and the Escrow Agent and willbe applied to the acquisition of the equipment in accordance with said Escrow Agreement. 4.The City of Moses Lake has taken the necessary steps,including those relating to any applicable legal bidding requirements,to arrange for the acquisition ofthe equipment. 5.The Cityof Moses Lake proposes to enter intothe leasewith Sun Trust Leasing and the Escrow Agreement with the Escrow Agent substantially in the forms presented. Resolved: 1.Itis hereby found and determined that the terms of the lease and the Escrow Agreement (collectively, the Financing Documents)in the forms presented to this meeting and incorporated in this resolution are in the best interests ofthe City of Moses Lake for the acquisition of the equipment. 2.The Financing Documentsand theacquisition and financing of theequipmentunderthe termsand conditions asdescribed inthe Financing Documents are hereby approved.The City Manager ofthe Cityof Moses Lake and any otherofficer ofthe City ofMoses Lake who shall have power to execute contracts on behalfofthe City of Moses Lake be, and each of them hereby is,authorized to execute,acknowledge and deliver the Financing Documentswithany changes,insertions and omissionstherein as maybeapproved by the officers who execute the Financing Documents,such approvalto be conclusively evidenced by such execution and delivery of the Financing Documents.The City Manager of the City of Moses Lake and any other officer of theCityof Moses Lake who shall have powerto do so be, and each ofthem herebyis,authorized to affixthe officialseal of the City of Moses Lake to the Financing Documents and attest the same. 3.The proper officers of the City of Moses Lake be, and each of them 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 forcarryingout this resolution and the Financing Documents. 4.Pursuant to Section 265(b) of the Internal Revenue Code of 1986,as amended,the City of Moses Lake hereby specifically designates the Lease as a "qualified tax-exempt obligation"for purposes of Section 265(b)(3)ofthe Internal Revenue Code of 1986,as amended." 5.The undersigned furthercertifiesthat the above resolution has not been repealed or amended and remains in full force and effect and furthercertifiesthat the Lease and Escrow Agreement executed on behalfofthe Cityof Moses Lakearethe same as presented atsaidmeeting ofthe CityCouncil ofthe Cityof Moses Lake, excepting only such changes, insertions and omissions as shall have been approved by the officerswho executed the same. Adopted by the City Council on January 11,2000. Mayor ATTEST: